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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) D Street Address / General Location of Property: 1156 County Road 352, Rifle, CO 81650 > Legal Description: Parcel 3, Amaya/Madrid Subdivision Exemption > Existing Use & Size of Property in acres: Light Industrial/Residential 15 acres D Description of Special Use Requested: Applicant seeks a SUP for a residentia use with a storage facility > Zone District: LI > Name of Property Owner (Applicant): EDE Investments, LLC > Address: 6450 County Road 319 Telephone: 876-5408 • ➢ City: Rifle State: CO Zip Code: 81650 FAX: 876-0126 > Name of Owner's Representative, if any (Attorney, Planner, etc): Stuver, LeMoine & Clifton, P.C. > Address: 120 West Third Street Telephone: 625-1887 > City: Rifle State: Co Zip Code: 81650 FAX:625-4448 > Doc. No.: > Planner: STAFF USE ONLY Date Submitted: TC Date: Hearing Date: APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building and planning/index.htm or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. EDENVEST T By:. ( -t. L C By. LA149 c9Z& (Signature of applicant/owner) Last Revised: 02/2006 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and _EDE Investments, LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Special Use Permit (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT EDE Investments, LLC By:Xvii,LP( % a(�ie-4 Signature Date: Imo-% 6Pc' e 6 C( -o! --e r - Print Name Eddie B. Elder Mailing Address: 6450 County Road 319 Rifle, CO 81650 10/2004 Page 4 Ry. Ae-n11' FQc Sinature - Date: 4-11-07 uEf tsE L • E�Lnts_ Denise L. Elder PROJECT DESCRIPTION / SECTION 5.03 STATEMENT EDE Investments, LLC (Applicant), a company wholly owned by Ed and Denise Elder, owns 15 acres in a portion of Section 19, Township 6 South, Range 92 West of the 6th P.M. of Garfield County Colorado. (A copy of the deed is attached as Exhibit A.) The property is zoned Lights Industrial and contains a metal shop, truck repair facility, and outdoor vehicle, equipment, and material storage. The property is also used in connection with Ed and Denise Elder's business, Elder Trucking, Inc. In this application, Applicant requests a special use permit to allow the existing single family residence to be occupied by the resident manager of the outdoor storage facilities located on their property. Outdoor storage is a use by right in the Light Industrial zone district . Applicant expects that outdoor storage will occur 24 hours a day, 7 days a week with the majority of access to and from the storage facility from 7:00 am to 6:00 pm Monday through Friday. The existing single family home will be used 24 hours a day, 7 days a week as the principal residence of the facility manager. (A copy of the proposed site plan is included in the application materials.) A traffic study prepared by High Country Engineering demonstrates traffic generated from the Elder Trucking, Inc. business to be 88 ADTs per day from the use by right on the property. The residential use is a minimal 4 ADTs per day, if allowed as a special use. (A copy of the traffic study is attached as Exhibit B.) Access to the property is via County Road 352 onto an 30 foot easement along the east property boundary of a a parcel owned by USREDI, LLC directly to the north. Applicant has graveled the easement to minimize any dust issues from their use of the easement. Because County Road 352 is the existing thoroughfare for the Airport Industrial PUD and the County shop, the traffic study identifies the impacts from Applicant's property uses by right as fairly minimal. The traffic arising from the residential occupation of the property was preexisting to the Light Industrial zoning of the property therefore will not create any additional impact on County Road 352. The residential structure is a prefabricated modular with approximately 2100 square feet. The residence contains 4 bedrooms and 3 bathrooms and was built in 1997. It is provided with electricity from Holy Cross, a water well for domestic use, and an ISDS. The existing domestic well was constructed in 1991 pursuant to Colorado Division of Water Resources well permit no. 160303 and is permitted for 3 single family dwellings, fire protection, domestic animals and livestock watering, and irrigation of not more than 1 acre. Applicant shares the well equally with two other parcels. No building structures are planned as part of the outdoor storage. Because no employees will be located at the outdoor storage facility (other than the resident manager), no additional water or wastewater treatment will be required. (Copies of the well permit and related documents are attached as Exhibit C.) The residence is located on the southwest portion of the property. The USREDI, LLC parcels to the north are zoned Light Industrial and are currently used as a contractor's yard for oilfield services, outdoor storage for equipment, and ministorage. The existing residence on one of the USREDI, LLC parcels is screened from the EDE property by a hillside. The property to the west is owned by Eye -Seventy, LLC, an entity related to USREDI, LLC. It contains a single family residence with significant existing vehicle and other storage between the residence and Applicant's property. Applicant understands that the Eye -Seventy, LLC property is in the process of seeking Light Industrial zoning. The County shop is on the other side of the Eye -Seventy, LLC property. The properties to the south and east are vacant, containing sagebrush and significant topographical features such as ravines and steep hillsides. The property to the northeast is owned by the Snode family is being used for commercial purposed. Properties to the distant northeast are residential and located across County Road 352 from the Airport Industrial PUD and the Public Airport. (Copies of photographs of the neighboring properties are attached as Exhibit D.) The proposed detached residential use does not create any impacts on adjacent uses which will require screening. Because the neighborhood character is not residential in nature as set forth above, Applicant intends to use the existing native vegetation to minimize the view from County Road 352 and the one residence to the distant northeast. Further, Applicants have installed minimal security lighting for the storage. The residence has an outdoor porch light. All exterior lighting, however, will be directed inward and downward to the extent possible. Applicant will adhere to the County's sign code for any future signage. As stated above, the easement access and the storage lot will be graveled and treated as necessary to minimize dust on the neighboring uses. Applicant also submit copies of the following documents: a. Vicinity map (Exhibit E); b. Assessor's map (Exhibit F); c. Schedule of names and addresses of owners within 200 feet of the subject property (Exhibit G); d. Supplemental Impact Statement for Industrial Performance Standards (Exhibit H); f. Statement of Authorization (Exhibit I). 11111K 1111,114.5#1141,1f4lL1116: f1l,f,i r'ij,hNd III III Receptlona: 717640 11 0of110Rec 11:21:31 ee $6300 Doc Fee:0.0P.0280 GRRFIELDaCOUNTYCO SPECIAL WARRANTYfDEED THIS DEED, Made this tl day of F?17AcM 2007 between EDDIE B ELDER and DENISE L. ELDER, of the County of Garfield and State of Col ado, Grantors, and EDE INVESTMENTS, LLC, whose legal address is 6450 County Road 319, Rifle, CO 81650, of the County of Garfield, State of Colorado, Grantee: WITNESSETH That the Grantors for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee, its successors, assigns, and personal representatives forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: A tract of land in Lot 1 of Section 19, Township 6 South, Range 92 West of the Sixth Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a Point from which the N.W. corner of said Section 19, a stone monument found in place, bears 88 degrees 52'00" W. a distance of 581.76 feet, and North a distance of 697.72 feet thence N. 88 degrees 52'00" E. A distance of 1040.06 feet to a point on the East Line of said Lot 1 of Section 19; thence S.00 degrees 04'51" E and along said East line a distance of 628.23 feet to a 2-1/2 pipe with an aluminum cap set for the S.E. corner of said Lot 1; thence 88 degrees 52'00" W. and along the South line of said Lot 1 a distance of 1040.06 feet; thence N. 00 degrees 04'51" W. a distance of 628.23 feet to the point of beginning. as known as: Parcel B, Amaya/Madrid Exemption Together with an easement for ingress and egress, thirty (30) feet in width, over and across the easterly thirty (30) feet of Parcel 2, Weaver Subdivision Exemption, extending from the above described real property to County Road 352. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above -bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above -bargained and described, with the appurtenances, unto the Grantee, its successors, assigns, and personal representatives forever. The Grantors, for themselves, their successors and assigns, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. (w j 5e PA _ Y l l5�cll • �QG�.Ch. Eddie B. Elder Denise L. Elder STATE OF COLORADO ) ) ss COUNTYOFSGARF:ID..,, ) as acknowledged before meth' der. seal, ruJ /0l zara Notary Public day of /[6/Iy04)/ 2007, CIVIL ENGINEERING 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone An Employee -Owned Company LAND SURVEYING ESTIMATED TRAFFIC GENERATION FOR ED ELDER PROPERTY No. 217919200609 COUNTY GARFIELD, COLORADO PREPARED FOR: Ed Elder 645 County Road 319 Rifle, CO 81650 PREPARED BY: High Country Engineering, Inc. 1517 Blake Ave., Ste 101 Glenwood Springs, CO 81601 (970) 945-8676 July 27th 2003 /) 311 HCE JOB NUMBER: 2051038.00 z/ 01— ire ared by: Mathew R. Langhorst, ETT. Project Manager .1b to Reviewed by: Ronald E. Weidler, P.E. Division Manager k:\wp\205\1038\traffic impact 7-27-05.doc 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone ESTIMATED TRAFFIC GENERATION Ed Elder General Location and Description The existing property is adjacent to County Road 352 approximately 0.35 miles east of the intersection with C.R. 333 and within close proximity to the Interstate 70 at the south end of the "Garfield County Airport" exit overpass (Exit No. 94). The proposed development calls for a new sheet metal and truck repair facility to be constructed. The existing property currently contains one (1) single-family residence. A re -zoning of the property will need to be performed to allow for the intended commercialindustrial use. Existing Traffic Projections Existing and proposed traffic volumes were calculated using the Institute of Transportation Engineers Trip Generation Manual, 6th Edition. The single-family dwelling unit (Code 210) in the manual was used to calculate the weekday peak A.M. and P.M. hour trips. Below are the calculations showing the estimated existing average daily traffic volumes generated from the existing site during the peak hours: EXISTING CONDITIONS Type of Land Use # Units Peak Vehicle Trip Ends per AM, (PM) Hours* Total Vehicle Trip Ends per Day Residential, Single -Family Code (210) 1 2 (2) 4 Total = 4 *Based on values outlined in ITE Trip Generation Manual, 6th Edition on a Saturday or Weekend. Please note the site is used on a seasonal basis. Proposed Traffic Projections Employees for the proposed metal shop and a large truck repair center will generate approximately 56 trip ends per day based on the number of employees. The ITE manual code for Automobile Care Center was used to determine trips ends generated by the trucks being serviced at the shop. This code provides a range of numbers for calculating the trip ends based on the nature of the automotive repair. The lower number of the trip -end range was selected for use in determining the trip ends from the trucks due to the nature of the work. Large truck repair shops typically service fewer customers and repairs are typically of a long duration due to the size and availability of the parts. Below are the calculations showing the peak hour traffic volumes that can be expected to be generated after re -zoning and commercial use has started: Type of Land Use Automobile Care Center (Code 840) Employee Trips PROPOSED CONDITIONS # Units 1 (6800 S.F.) 14 employees Peak Vehicle Trip Ends per AM, (PM) Hours* 13(19) 28(28) Total Vehicle Trip Ends per Day (ADT) 32 56 Total = 88 *Based on values outlined in ITE Trip Generation Manual, 6th Edition on a Saturday or Weekend. Please note the site is used on a seasonal basis. The 2005 background traffic projections (940 ADT) for CR 352 were determined by combining the traffic counts from 2002 with the accepted annual growth rate of 2.7% for this area (see attached map). The proposed building will add less than 10% to the background traffic projections. Conclusion The analysis shows an increase in the total vehicle trip ends per day due to the re -zoning of the site and the change in use. There should be no substantial impacts to County Road 352 traffic due to the site. I' SI 15 HIGH COUNTRY ENGINEERING, INC. 14 IN V ERNESS DRIVE EAST, STE F -I20, ENG LE W OOD, CO 80112 PHONE 0303) 9280544 FAX 903) 9250547 1517 BLARE AVENUE, STC 101, GLENWOOD SPRING% CO 81801 PHONE (970) 9488578 FAX 0170) 9482555 W HcOw.wM 1, ED ELDER IARFIELD COUNTY, COLORADO ED ELDER PROPERTY GARFIELD COUNTY CR352 2002 TRAFFIC COUNTS DRAWNBY, SCALE MRL NTS CHECKED BY.. PROJECT NO: REN 2051038.00 DATE PAGE 8-1-05 1 Form No. GWS -11 6/2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 Phone — Info: (303) 866-3587 Main: (303) 866-3581 Fax: (303) 866-3589 http://www.water.state.co.us For Office Use Only CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name, address and phone of the person claiming ownership of the well: NAME(S): Mailing Address: City, St. Zip: Phone (970 EDE Investments, LLC 6450 County Road 319 Rifle, CO 81650 )876 - 5408 This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This fling is made pursuant to C.R.S. 37-90-143. WELL LOCATION: Well Permit Number: 160303 Part Ownership Receipt Number: County Garfield Owner's Well Designation (optional) Rifle CO 81650 (Address) (City) (State) (Zip) NE 1/4 of the NW 1/4, Sec. 19 , Twp. 6 ❑ N. orial S., Range 92 ❑ E. or10 W. 6th P.M. Distance from Section Lines: 4700 Ft. From E. or ❑ W. Line. Filing/Unit Ft. From ■ N. orr S., 3600 Subdivision NameAmaya/Madrid Exemption Parcel B /(6t' Block_ The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: Change in name of owner.12 Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owne (s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our knowledge. Signature(s) of the new owner Eddie B. Elder, Manager Denise L. Elder, Manager Please print the Signer's Name & Title EDE In - - It ul: nco ,`'C/ By' i' Date 1i-07 By: I `. °CI IA It is the responsibility of the new owner of this well to complete and si. n the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date -25 :ICANT' ii i 3F' kHE STATE EMPINEER .',001 'X Aoo DIVISION OF WATER RESOWRqFS. i :838",T,'„4gl HniaCB1dg., 1313 Sherman St, Denver, CoWkado 80203 (303) 888,:3581'• ' Ai7}20 _,a SANTOS AMAYA `:-.1113"::T II ETON DR 112IFLs.y .:_c0 • 81650 LIC WELL PERMIT NUMBER .160303 DIV. 5 CNTY. 23 WD . 45 DES. BASIN MD APPROVED WELLI:6CATION COUNTY GARFItLD NE 1/4 NW 1/4 Section 19. Twp 6 S , Range92 W S. PM DISTANCES FROM SECTION LINES 4700 .Ft from South Section Line 3600 Ft from East Section Line Phis w permit o2 I !)woes:ef a vest, ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL sed,irt*uch a way as to cause no material injury to existing water rights. The issuance of the stare. the applicant that no injury will. occur to another vested water right or preclude another *atert-ight from seeking relief in a civil court action. rlpproyad urSt to CRS 37-92-602(3)(b)(11)(A) as the only well on a tract of land of 49.3 acres described as that port(o1441)11401*/4 Qf Sbc. 19, Twp. 6 South, Rng. 92 West of the 6th P.M., Garfield County, being more artici taNy: Ygscribed,as Lqt 1, Amaya Exemption, on the attached exhibit W.- . use-0rgi`0.1nd water:.from this well is limited to ordinary household purposes inside three (3) single family dwellings 1Ire' f?rotectipn;( the watering of poultry, domestic animals, and livestock on a farm or ranch, and the 'rigation:of raotoverone (1) acre of home gardens and lawns. The retErth41*ffrOtolhe7 use of the well must be through an individual waste water disposal system of the rton-Vae6•e yterk.the water is returned to the same stream system in which the well is located. »ng?rate 01.4 not exceed 15 GPM. This'.6vei shall'sttj ed pita more than 200 feet from the location specified on this permit. 4i1 PROVED,• DIVISION QOPY :DATE ISSUED JUN. 1'2. 1991 JUN 1993 EXPIf)ATION DATE 2 Form No. GWS-1 1 6/2003 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 For Office Use Only n;rw Gun: o �tr-- �� '.,\La.": 'N 'pac RECEIVED °i1 r'"..3% AUG 01 2005 WieAE E.L.CUEge ALO' CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 160303 part ownership Name, address and phone of the person claiming ownership of the well: NAME(S) Mailing Address City, St. Zip Phone ( Eddie 8 _Elder and [lend sP L F1der 1156 County Road 352 Rifle, CO 81650 ) This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County Gaff i el d Owner's Well Designation 0552 County Road 352, Rifle, CO 81650 (Address) NE 1/4 of the NW 1/4, Sec. 19 , Twp. (City) 92 ❑ E. (State) (Zip) 6 ❑ N. or ©S., Range or E7 W 6th P.M. Distance from Section Lines 4700 Ft. Ft. From From N. or PI S 3600 1 E. or W. Line. Filing/Unit , Parcel B Subdivision Name AmeyJ/N,Mdrid Exemption /UV Block The above amended ❑ Correction May 17, 1965 listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being in name of owner ❑ Change In mailing address permitted prior to May 8, 1972 and non-exempt wells permitted before for further Information regarding correction of the well location. for the following reasons: i' Change of location for exempt wells Please see the reverse side I (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Please print felr/t the Signer's Name 8 Title e, 8. Ci:c/-1. L- eid tV Signature(s)of the new owner. P\���icePf°. & Date 7.3 s- o s— den i SC ,(-fie Yl '0d. (Yd_f/L et is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Once Use Only ACCEPTED AS A CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. r s% Cj ?f 4 ^ 0S- State Engineer By Date REPORT DATE COLORADO WELL APPLICATIONS AND PERMITS Mon Nov 07 15:46:03 MST 2005 COLORADO DIVISION OF WATER RESOURCES Receipt 0324271 Permit 160303 Div 5 Wd 45 Basin Md Engineer MDS User AOT 'Full Name AMAYA LAURO & SANTOS Address ELDER EDDIE B & DENISE L 0313 REMINGTON DR City State Zip RIFLE CO 81650 Telephone () - Case Permit XRef 190496 Well Name #1 County GARFIELD Q10 Q40 NE Q160 NW Sec 19 Ts 6 South Rng 92 West Pm Sixth 4700 feet from South Section line 3600 feet from East Section line Subdivision AMAYA EXEMPTION Parcel Size PIN 49.30 (Main Activity Interim Status Last Action Permit Issued Filing Block Lot Uses DOMESTIC STOCK ISSUED UNDER PRESUMPTION 3b -IIA Pump Rate Ann Amt Depth Proposed 0.00 1.50 150 Actual 2.00 0.00 400 Irrigated Area 0.00 acres Elevation 0 Pert Casing Top 360 Perf Casing Bottom 400 Water Level 285 Aquiferl ALL UNNAMED AQUIFERS Aquifer2 Driller 791 Pump Installer 791 Statute Meter Log Qual AbReq 6023 No No No No Comment 04-09-1991 Well permit issued. 08-01-2005 Change in ownership accepted and updated. 08-01-2005 Change in ownership accepted and updated. 06-12-1991 Permit Expires 06-12-1993 Expire Notice Sent Well Const Report 04-14-1997 Well Const Complete 08-07-1991 Well Report (Non-trib) Pump Install Report 04-14-1997 Pump Install Complete 08-07-1991 lst Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged April 7, 1997 Garfield County Building, Sanitation and Planning Garfield County Courthouse Andrew C. McGregor 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Amaya/Weaver/Madrid Well Sharing Agreement Dear Mr. McGregor, RECEIVED 'P' n8 '97 WA1Ep nE50URCEs 'LATE ENGMEEp GLENVKpp J.W. Weaver, Rigoberto Madrid, and Santos Amaya hereby agree to an equal share of said well. Easement for well and well location beginning at a point from which the North 1/4 Corner of Section 19, T.6 S., R.92 W. of the 6th Principal Meridian in Garfield County, Colorado, bears N. 88 52' 00" E. a distance of 619.03 feet, and N. 00 04' 52" W. a distance of 694.38 feet; thence S. 01 08' 00" E. a distance of 261.77 feet; thence S. 89 52' 00" W. a distance of 30.00 feet; thence N. 01 08' 00" W. a distance of 261.77 feet; thence N. 88 52' 00" E. a distance of 30.00 feet to the 1 Point of Beginning. Permit number 160303. We will share equally all costs of installation, maintenance and repairs. All future successors to the same agreement. )Respectfully, J.W. Weaver goberto Madrid STATE OF COLORADO -2OIJNTY OF GARFIELD Santos Amaya I swear the three above signed parties have appeared before me that I stand witness to the igning of this 11 day of APR: ` 1997 and that I stand witness to the signing of this instrument. _dy commission expires: Ulf COMMISSION EXPIRES SEPTEMBER 2B, 2010 Witness my hand and official seal x-11' Lc_i toad U -2i4 t Notary Public ? wg All RECORDED AT /C7/ "{ N x^�"���/� � � ^ VocLOc0r,m° SEP 23 1991 MILoRED ALSDORF, COUNTY CLERK September 18. 1951 6a''icld County Building, Sanitation and planning Garfie1d County Courthouse Andrew C. McGregor 109 8th btreet, Suite 303 Glenwood Springs, CO. 01601 Re: Amaya/uaaver Well Sharing Agreement Dear Mr McGregor, JMIIK 81.4 rule 62 T �Wea.er and Larry Amaya hereby agree to an equal share a/ said well Easemet for well and well location beginning at a point from which the North 1/4 Corner of Section 19, 1.6 S.' R.9? N. of the 6th Principal Meridian in Garfield Count'l. Colorado, bears N.88«62100"E. a distance of 619.03 feet, and N O0»O4'52»W. a distance of 694.32 feet; thence S 01v08'00"E. a distance of 261.77 feet; thence S.89» 52'00''W. a distance of 30.00 feet; thence N.01009'00"W. a distance vf 261.77 feet; thence N 88"52'OO»F. a distance of /0.00 feet to the Point of beginning. Permit number 160 W' will share equally all costs of installation, '- draintenance and repairs. All future successors to same agreement RespeciPAily, � / (,4�� / 9. Weave, Larrw Amaya • �TA�[ UE COLORADO (OoMI; co' GARFIELD 1 SWEAR the two above signed parties have appeared he|nre me.thst I standsignzny of this ���4�/ day of .^' 1991 and that 1 stand witness to the signing of this instrument. My Cn*wjssion ,expries: Witness my hand and official seal / (, ~ (Seal} / ay/(�st 42 Notary Public /54/12 4,14.04be Pe 6 s)/(01� ' . 1 ‚476 ON COU^ tOlife ' IA INVERNESS ORME EAST. SIE FI20, ENGLEWOOD, CO 80112 HC'E _ PHONE 0099250544 FAX 0033 8250E47 .�\EE.fa O 1817 BLAKE AVENUE, STE 1Ol, GLENWOOD SPRING CO 81801 �a PHONE 03701 24540378 FAX 0870) SCL2555 W W WJIfL11COH HIGH COUNTRY ENGINEERING, INC. N ED ELDER �ARFTELD COUNTY, COLORADO ED ELDER PROPERTY GARFIELD COUNTY CR352 2002 TRAFFIC COUNTS DRAWN BY. MRL CHECKED BY. REW DATE 31-05 FILE „ -OO--TCT-LLTZ 5 LLTZ 9u!ugo[Pd Owner's Within 200 Feet of Eddie B. Elder and Denise L. Elder Parcel No. 2179 192 00 609 The land referred to in this report is situated in the County of' Garfield, State of Colorado, and is identified as follows: A tract of Land in Lot 1 of Section 19, Township 6 South, Range 92 West, of the 6th Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point from which the N.W. Corner of said Section 19, a stone monument found in place, bears South 88°52'00" West a distance of 581.76 feet, and North a distance of 697.72 feet; thence North 88°52'00" East a distance of 1040.06 feet to a point on the East line of said Lot I of Section 19; thence South 00°04'51" East and along said East Line a distance of 628.23 feet to a 2 1/2" pipe with an aluminum cap set for the S.E. corner of said Lot I; thence South 88°52'00" West and along the South line of said Lot 1 a distance of 1040.06 feet; thence North 00°04'51" West a distance of 628.23 feet to the POINT OF BEGINNING. Also known as Parcel B Amaya Madrid Exemption According to the Plat recorded July 8, 1997 as Reception No. 510595 Effective Date: February 2, 2007 Conunonwealtf Title Company File No. 0612035 Parcel # Owner Mailing Address 2179 192 00 608 Eye -Seventy, LLC 8170 West Sahara Avenue, No. 202 Las Vegas, Nevada 89117 2179 192 00 717 USREDI, LLC, a Nevada Limited Liability Company P.O. Box 1476 Rifle, Colorado 81650 2179 192 00 718 USREDI, LLC, a Nevada Limited Liability Company P.O. Box 1476 Rifle, Colorado 81650 2179 191 00 511 Scott Brynildson and Linda Brynildson 1831 Railroad Avenue Rifle, CO 81650 2179-191-00-511 Effective Date: February 2, 2007 Conunonwealtf Title Company File No. 0612035 SUPPLEMENTAL STATEMENT REGARDING INDUSTRIAL PERFORMANCE STANDARDS A. Use of Water: The existing residential structure has a water well for domestic use, and an ISDS. The existing domestic well was constructed in 1991 pursuant to Colorado Division of Water Resources well permit no. 160303 and is permitted for 3 single family dwellings, fire protection, domestic animals and livestock watering, and irrigation of not more than 1 acre. Applicant shares the well equally with two other parcels (USREDI, LLC and Eye -Seventy, LLC parcels) No structures are planned as part of the outdoor storage. Because no employees will be located at the outdoor storage facility (other than the resident manager), no water or wastewater treatment will be required. B. Impacts from Vapor, Dust, Smoke etc.: Storage of vehicles, equipment, and materials will cause limited noise, vibration and dust from the starting of vehicles and equipment and loading and unloading of materials. All loading and unloading of materials and equipment will take place on the Applicant's property. The residential use will have almost no noise, vibration and dust. the easement access and the storage lot surface will be graveled and treated as necessary to minimize dust on the neighboring uses. C. Impacts on wildlife and domestic animals: Applicant's property and adjacent properties do not house domestic animals. Horses and dogs housed on the residential properties to the far northeast are contained within those properties' boundaries. The Garfield County Wildlife Habitat Profile Map identifies Elk and Mule Deer Overall Range, Winter Range and Severe Winter Range overlays on the property. The existing residential use will have no impact on wildlife. D. Impacts from traffic: Applicant has obtained a traffic study for the use of the property including both the residential use and the use of the property for a metal shop, truck repair facility and Elder Trucking, Inc. The traffic study prepared by High Country Engineering demonstrates traffic generated from the Elder Trucking, Inc. business to be 88 ADTs per day from the use by right on the property. The residential use is a minimal 4 ADTs per day, if allowed as a special use. Access to the property is via County Road 352 onto an 30 foot easement along the east boundary of the USREDI, LLC parcel. That parcel is currently zoned Light Industrial. Applicant has graveled the easement to minimize any dust issues from the use of the easement. Because County Road 352 is the existing thoroughfare for the Airport Industrial PUD and the County shop, the traffic study identifies the impacts from Applicants' use as fairly minimal. The traffic arising from the residential occupation of the property is preexisting and therefore will not create any additional impact on County Road 352. E. Sufficient distances separating use from abutting properties: The single family residence causes no impacts that will damage any abutting property. The storage facilities will be located no closer than 200 feet to the residence on the Eye -Seventy, LLC parcel as identified on the site plan. Applicant understands that Eye -Seventy, LLC has applied to the County to rezone the proeprty to Light Industrial. Given this as well as the distance and ntervening storage of vehicles and equipment on the Eye -Seventy, LLC parcel, there should be no impact to the Eye -Seventy, LLC parcel. The remaining abutting properties are either vacant or commercial/light industrial in nature themselves. F. Mitigation measures: Applicant intends to use the existing native vegetation to minimize the view from County Road 352 and the one residence to the distant northeast. Further, Applicant has installed minimal security lighting for the storage. The residence has an outdoor porch light. All exterior lighting, however, will be directed inward and downward to the extent possible. Applicant will adhere to the County's sign code for any future signage. As stated above, the easement access and the storage lot will be graveled and treated as necessary to minimize dust on the neighboring uses. G. Plan for site rehabilitation: Applicant will map and inventory the property for noxious weeds and conduct weed management as necessary to control any noxious weeds. Applicant intends to clear existing sage brush for the storage facility and install a gravel surface. In the event the single family residence and/or storage uses are abandoned, Applicant will clear the property and reseed with native vegetation. H. Volume of sounds generated: The residential use does not create an level of noise exceeding those set forth in CRS §25-12-101. Applicant anticipates that noise from the storage use will be generated from vehicles and equipment starting and running for short periods of time and from loading and unloading. Applicant will agree to limit the sound levels radiating from the residential component to the storage use to that set forth in CRS §25-12-101. I. Vibration generated: No vibrations from the residential use will exceed the property boundary. Applicant anticipates that vibrations from the storage use will be generated from vehicles and equipment starting and running for short periods of time and from loading and unloading. These limited activities should not cause vibrations to exceed the property boundary. J. Emissions of smoke and particulate matter: No emissions of smoke or particulate matters will occur from the residential use. The storage uses would generate emissions only from the exhaust of the vehicles and equipment starting and running for short periods of time. Because the vehicles and equipment are required to meet state and federal air quality laws, the County standard for emissions is met. K. Emissions of heat, glare, radiation, etc.: There is no significant heat, glare, radiation or fumes generated from outdoor storage with a detached single family residence. L. Storage of flammable or explosive solids or gases: Applicant only intends to store fuel in the outdoor storage facility in vehicle or equipment fuel tanks. M. Storage facilities: No stored materials will be placed on the property as part of the residential use or the outdoor storage which could be transferred off the property by natural forces. To the extent heavy equipment is stored on the property, the heavyequipment will not be placed closer than 300 feet to any residential dwelling. LETTER OF AUTHORIZATION We authorize Stuver, LeMoine & Clifton, P.C. to act on our behalf in this matter. EDE INVESTMENTS, LLC BY: Eddie B. Elder, Manager Denise L. Elder, Manager Jun. 7. 2087 11:15AM Stuver, LeMoine and Clifton, P. C No. 1886 P. 1 THOMAS W.STUVER DANIEL D. LEMOINE BARBARA L. CLIFTON DATE: June 7, 2007 STUVER, LEMOINE & CLIFTON, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 FACSIMILE COVER SIIEET NUMBER OF PAGES (including cover sheet) 2 TELEPHONE 970.625.95$7 FAX 970.8254448 TO: Craig Richardson FAX NUMBER: (970) 384-3470 Garfield County Building and Planning Department FROM: Barbara L. Clifton RE: EDE Investments, LLC DOCUMENTS SUBMITTED: Letter of Today's Date TRANSMITTED: PLEASE: _Aga FOR YOUR INFORMATION Sign and return by FAX For Your Signature Call upon receipt/review ORIGINAL TO FOLLOW BY U,S MAIL Call if any questions IF U DID NOT RECEIVE ALL OF PAGES PLEASE CALL 970 625-] 7 OTHERJ4ESSAGE: STUVER, LeMOINE & CLIFTON, P.C. Barbara L. Clifton BLC/pie Enclosure JUN 0 7 2007 8 40/A,04PQd, ;r ivlNG CONFIDENTIALITY NOTE THE INFORMATION CONTAINED IN THIS .FACSIMILE MESSAGE MAYBE PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NO1 u nD THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. Jun. 7. 2007 11:16AM Stuver, LeMoine and Ch non, P.0 No. 1886 P. 2 THOMAS W. STOVER DANIEL D. LEMOINE BARSARA L. CLIFTON STUVER, LEMOINE & CLIFTON, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. 0. ROE 907 RIFLE, COLORADO 81650 June 7, 2007 SENT BY FACSIMILE ONLY TO (970) 384-3470 Craig Richardson Senior Planner Garfield County Building and Planning Department 108 Eighth Street Glenwood Springs, CO 81601 RE: EDE INVESTMENTS, LLC SPECIAL USE PERMIT Dear Craig: TELEPHONE 970. 025.1887 FAX 970 - 825-4448 This firm represents EDE Investments, LLC with respect to its Special Use Permit Application for a residential use accessory to a storage facility. We understand that the Garfield County Building and Planning Staff has recommended that this application be beard by the Board of County Commissioners without referral to the Planning and Zoning Commission. We concur with Staff's recommendation. Thank you for your attention of this matter, Sincerely, STUVER, LeMOINE & CLIFTON, P.C. arbara L. Clifton BLC/pac cc: EDE Invcstmcnts, LLC