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• • Request for Land Use Code Text An1endment to Increase Pennitted Height of Fences in Front Yard of Commercial-General Zone District , ... I. SUMMA RY OF R EQUEST ~·-~~.~ .: _·! • ~l •. . · ·:. 1··r ,1 The Garfi e ld Co unty La nd Unifie d Land U se Resolutio n limits the h e ight o f fehie b~.ii·t hlPi,~;~~i,\;NCJ i-~\J \L l .lU "~V ~.~ ' . fr on t ya rd setb ac k in m os t zon e dis tri ct s t o three f ee t. The r e is a diffe re nt sta n dar d, h owever, fo r R a nd RL di strict s. In these a r e as , owners a r e e ntitle d t o e r ec t ei ght fo o t fe n ces w ithin a fro nt yard se tb a ck , prov ide d those fe n ces m e et sig ht tria n gula tio n sta nda rd s . Ap plica nt reques ts th a t th e Co unty a ppro ve a co d e t ext a m e ndment ex t ending this st a ndard t o e n compass the CG zone d is tri ct, in a ddition to the R a nd RL di s tri ct s . Thi s a m endm ent is co n sist e nt w ith, and co mpli menta ry to, the unde rl yin g purp oses o f the CG dis tric t. Ap p li ca nt h as a lso p ropose d a co d e t ex t a m e ndment to co rr ect a n incon sistency be twee n two code sec ti ons r ela t e d t o the leve l of imp act rev iew r equire d fo r fences over e ight feet in h eight. A p rop ose d r e dline of the t ext a m endment is a ttac h e d as Exhibit A. II. D ISCUSSION OF T EXT AMEND MENT A. APPLICATION TO COMMERCIAL -GENERAL ZONE D ISTRICT GENERALLY Thi s t ex t a m endme nt w ill allow landown e r s in th e CG di s tri ct to p lace fe n ces in fr ont ya rd s up t o e ig ht fee t in h e ight so lon g as those fe n ces m ee t sig ht tri a n g ula ti on st and a r ds. This ex te nds a n exis tin g sta nda rd n ow a pplica ble t o the R a nd RL d is tri ct s. Th is amendm ent is con sis te nt with t h e purposes unde rly ing the Co mme r cia l -Ge n eral Zo n e d is tri ct, the inte nt of w hich is t o provide fo r "gen e ral re ta it se rvice a nd recrea ti on-orien ted co m me rcia l businesses inte nde d to serve the Co unty as a w h o le." Th e CG di stri ct is the m os t p e rmissive o f the co m mer cia l zone dis tri cts. It encourages co mmercia l o p e r a ti o n s such as co ntractor's y ards, ge n er a l services es tabli shm e nts, a n d va ri o u s types of sto rage fac iliti es, a ll o f w hich wou ld b en efit fro m thi s text amendm ent. Pe r mi ttin g an e ig ht-foo t fence w ithin the fr ont yard of these bu sinesses w ill imp rove security a n d safe ty, fac ilit a t es eco nomic p ro ductiv ity, and is con sist e nt w ith the co mm ercia l p urp oses fo r w h ic h the zon e distri ct w as es tabli sh e d. This a m e ndm ent empower s la ndown e r s in the CG d istric t t o effec ti ve ly de te r cr imina l activity and sc r ee n their co mme r cia l u se fr o m public v iew . Un der the exis ti ng co d e, landow n ers are o nly e ntitle d t o a three-foo t fe nce within a fr ont ya rd. A thr'ee -foo t d oes n o t im pede access or Roc ky Mo unta in Hotsh o t and Tra n sp orta ti o n , Inc. Requ es t fo r Tex t Am endm ent Novem be r 2009 P age 1 of6 vi ew . Three feet is simply too short to d e ter criminal a ctivity or e ff ectiv e ly sc r een the business fr om the public. This ame ndm ent will al s o prov ide owne r s within the CG zon e dis trict with the a bility to protect the public from some of the safety h azards which m ay b e associa ted w ith le gal u ses p e rmitte d within the commercial general z one district. For e xa mple, a fe nce ta ll er tha n three fee t more effectively exclude s children and young adults from he avy m achine r y that m ay b e in s torag e or operate d on commercial properties. This a m e ndment will al so facilitate e conomic productiv ity within the CG district. Sever a l u ses-by-ri ght in the dis tri ct inv olve the u se o f h eavy m ac hine r y or the st orage of m a t e ri a ls. Th e curre nt code eithe r r e quire s or prefers tha t som e o f the se ac ti v iti es b e sc r een e d . All owin g la ndo wners in the CG district to utili z e fe nce s t all e r tha n three feet in the ir fr o nt ya rds p rovides a n a dditional, e ff e ctive, tool for screening the prop e rty. This ame ndme nt is al so consistent with the underly ing purposes of the C G z one distri ct. This district e ncoura ge s the op e ration of bu sine ss inte nde d to ser ve the County as a who le . As st a te d a bove, thi s a m endme nt will facilitat e dive r se bu siness ac ti v ities in the Dis tr ict by p roviding bu sinesses with the tools to effe ctively d e te r crimina l ac ti v ity a nd sc r een commercial ac ti v itie s. This ame ndment will have a very limite d geo gra phic a nd so ci a l imp ac t in Garfi e ld Co unty . According to County staff, a m e r e one-te nth of one p e r ce nt o f the prop erty in the co unty is zoned CG. Finally, Applica nt is al so proposing a t e xt ame ndme nt t o corre ct a n in co n sist e ncy in the co d e r e lated to fe nce s within front yards . Se cti on 3-301 p e rmits fe n ces t a lle r than e ight fee t w ithin the front y ards o f ce rtain z one dis tri ct s if the la ndown e r o bta ins a "Limite d Imp ac t R evie w P e rmit." H o w e v er , Se ction 7-825 (1)(b) r e quires tha t fe n ces ta ll e r tha n eight fee t be a ppro v e d through a "M a jor Impact Re view ." The a pplica nt i s p roposing tha t the r e ference in Sec tion 7-825(1)(b) b e amende d to require Limite d Impact Revi e w t o co n fo rm t o w h a t Applica nt b e li e v e s is a proportio n a l le v e l of review, and t o conform these two p rovisio n s . B. COMPATIBILI TY WITH ADJACENT J U RI SDI CTIONS Garfie ld Co unty policy is that its re g ula ti on s should b e co mp a tibl e w ith s urrounding jurisdictions . It s compre h en siv e plan st a tes tha t zo ning r eg ul a ti on s fo r indus tri a l a n d co mme r cia l d evelopme nt, s p ecifi ca lly, sho uld b e co mp a tibl e with a dj ace nt jurisd ic ti o n s . (Sec ti on III , 4.2). Each of the counties adjacent to Ga rfi eld C ounty p e rmit ta ll er fe n ces in fr o nt ya rd s within the ir comme rcial z one districts. Ea gle Co unty, for example, r es t r ic ts fences in fr ont ya rds t o three fe et in h e ight, but provides an exce ptio n for rural, comme r cia l, a nd indu s tri a l zo n e Roc ky Mountain Hotshot and Transportatio n, Inc . R e qu es t for Text Ame ndment • • Novemb er 2009 P age 2 o f 6 • distri cts, (Eagle County Land Use Regulations § 3-340(C)(4)(2009)). Rio Blanco County permits eight-foo t fences in front yards, and even recognizes a n exception to the building permit requirement for a six-foot fence with thre e strands of barbed wire so long as it does not exceed eight feet (because the barbed wire is not structural), (Rio Blanco Land Use Resolution § 268 (2000)). Mesa County permits six-foot fences in front yards in all districts. (Mesa County Land Development Code§ 6.2.S(B) (2009)). In Pitkin County, a landowner can erect a 42-inch fence in a front yard in any district, m eas ured from the stree t gr ade (which means the actual height of the subject fence may b e greater), (Pitkin County Land Use Code§ 5-20-lOO(e) (2008)). Exhibit B illustrates th e adjacent counties' treatment of this subject. These adjacent jurisdictions recognize the legitimate need for a substantial fence within the front yard of a property within a commercial zone district. Rio Blanca's code even specifica lly recognizes the value of fences taller than three feet in securing a landowner's property. Approval of the Applicant's request will make Garfield County's code more consis t ent with these surrounding jurisdictions. Garfield County's current treatment of fences in commercial districts is much more restrictive than, and incompatible w ith, surrounding jurisdictions. C. APPLICATION TO APPLICANT'S PROPERTY SPECIFICALLY The Applicant's property provides a good example of the benefits and appropriateness of the proposed text amendment. Rocky Mountain Hotshot and Transportation operates a con tr actor's yard in the Commercial General zo n e district along Highway 6 & 24 between Silt and Rifle. Pursuant to this permitted use, heavy machinery regularly moves in and out of the property, and is parked there for exte nded periods. Over the past year, App li cant has experienced multiple acts of crime and vandalism on the property, resulting in tens of thousands o f dollars in loss. Rocky Mountain has a legitimat e need to build a fence adequate to provide a physical and visib le deterrent t o criminal activity on that portion of the property where it conducts business . This fence would also serve to protect members of the public from inadvertentl y or illegally e nte ring the property and harming th emselves or others. Due to a sharp drop in the e levation of Applicant's prop erty from the street, the vast majority of the fence protrudes no more than 36 inches higher above the stree t grade. According to County staff, the fence is illegal. On the other h and, wer e this property in an adjacent county, such as Pitkin1, Eag le, and Rio Blanco counties, it would be permitted . 1 90% of the fence protrudes no more than 42 inches above the street grade . Rocky Mountain Hotshot and Tran sportation, Inc. Request for Text Amendment November 2009 Page 3 of 6 D. HISTORY OF FENCE ON APPLICANT'S PROPERTY Applicant has already constructed a eight-foot fence on the property, base d upon a reaso nable reading of the new Garfield County Code. The County planning department disagrees with this reading. The setback requirement for the Commercial-General Di s trict mandates a 50 foot "Yard."2 The County's d e finition of "Yard" allows the ins tallation of any structure "that does not require a building permit."3 Only fences greater than six feet in height r e quire a building permit.4 Therefore, Rocky Mountain's contractor built a six foot chain link fence consistent with its reading of these sections of the County's code . Later, Rocky Mountain's contractor installed a two foot (2 ') barbed wire ex tension, which is a ppropria te for se curity purposes. After construction of the fence, the County suggested that Section 7-825 applies, as cited a bove. Although entitled "General Requirements," this section refers to "Loca tion in Rear Yard Setback" and states "an accessory building or structure may be locate d within the rear yard se tback provided the following requirements are met." GCULUR § 3-303 (em phasis added). One of the requirements addresses the maximum h e ight of fences unde r the heading "Location in Rear Yard Setback." But lost within in this section discuss ing the requirements for a r ear yard se tback is a height restriction on fences in a front yard. This requirement is difficult to find , is a mbiguous, and is not understood as a re s triction on a front yard fenc e by Rocky Mountain's contractor. To avoid a dispute over the meaning of this section, Rocky Mountain is seeking this te xt amendment to clarify the application of this section to fences throughout the County and to re so lve this ambiguity in an efficient manner. Ill . SATISFA CT IO N OF CRITERIA The only criteria applicable to this reque s t are: (1) compliance with Comprehensive Plan and Intergovernmental Agreements; and (2) compliance with la nd use s t a tutes. (GCULUR § 4- 202 (A)(S)). 2 See GCULUR § 3-205(2) stating: Minimum Setbacks. a . Front Yard (measured from the front lot line): Arteria l Street Local Street 50' 25' 3 "Yard. The unoccup ied space which lies be t ween the lot line and the nearest wal l of any structure requiring a building permit ." (GCU LUR 16 -101, emphasis added). 4 See International Building Code § 105.2 (exempting fences s ix feet in he ig ht or less fr o m obtainin g a buildin g permit). Rocky Mountain Hotshot and Transportation, Inc. R e quest for Text Amendment • • November 2009 Page 4 of 6 • • A. C OMPLI ANCE WITH COMPREHENS IVE P LAN . The County's comprehe nsiv e plan e ncourages via bl e a nd co mp a tibl e comme r cia l d eve lo pme nt ca p a ble of prov iding a wide varie ty of g o o d s a nd se r vic es t o serve th e citi ze n s of · the Co unty, including a dive r sifi e d indus trial b ase . (Se cti on III , 4.0). Permitting suita ble sec u r ity fe n ce s w ithin com1n er cial zo ne dis trict s enhances the e co nomic viability o f the p a r ce ls. It a lso e n sures a dive r sity of business opportunities can b e v ia bl e w ithin the CG distri ct. The Co mpre h en sive Pla n al so as pires to "en sure tha t co mmeTc ia l a nd ind u stria l develop m e nt a r e co mpa tibl e with a djace nt land u ses ... " (III, 4 .1 ). It a lso p rov ides tha t "la ndsca pin g a nd scree ning are require d to a ddress sp e cifi c v is u a l imp ac ts of in d u stri a l and co mm e r cia l d evelo pm ent." (III , 4.3). P e rmittin g fe n ces in fr ont yard s of CG p rop e rti es p ermits a v iable o pp ortunity t o sc reen the prop e rti es. Addition a ll y, as discusse d above, the Co mpre h e n sive Pla n a d voca t es complia n ce w ith adj a cent jurisdicti o n s for comme rci a l districts. Sev e r a l adj a ce nt jurisdi cti on s p e rmit six to eight foo t fe n ces in the fr o nt ya rd of their comm erci a l ge n e ra l distri ct s. Thi s d e m o n stra tes a ge n eral u n d e rst andin g th a t such fe n ces are appropria t e and n e cessar y fo r s u ccess ful co mm e r cial ope ra ti o n s . B . COMP LIANCE WITH STATUTO RY P ROVIS IONS. The p ro p ose d tex t doe s n o t conflict with an y Sta t e st a tuto ry prov isi on s. C. A DDIT IONAL DISCUSS ION O F CRIT ERI A Th e Co unty's co d e a lso propose s sever a l othe r criteri a for review of t ex t am e ndm ents . Thes e crit e ri a, whic h ar e co ntaine d in Sectio n 4-202(A)(9), d o n o t a p p ly to this a m endme nt. By its te rm s, Sec tion 4-2 02(A)(9) only a pplies w h e n the Boa rd "add[s] to th e u ses li s te d fo r a zo ning district es tablish e d by this Code .... " This propose d te xt am endment, how ever, d oes n ot a dd a n y n ew u ses t o th e li s t o f u ses allow e d within the Comme r cia l Gen e r a l zo n e district. Instead, it only a m e nds th e ge n e r a l r es tricti on s fo r fe nces w ithin a fr o nt yard se tb ack. Nevertheless, thi s a m e ndm e nt m ee ts these a dditi onal crite ri a. Firs t, thi s a m e ndme nt d oes n o t r es ult in a n incr ease in h azard s o f a n y ki nd or in a n y fo rm. In fac t, it pro tec ts the public fr om p o t entia ll y h aza rdo u s ac ti v iti es perm itte d by ri ght Roc ky M ountain Hotsh o t and Tran sp o rtati o n , Inc. Re ques t for Tex t Jµn e ndme nt Novembe r 2009 P age 5 of 6 within Commercial -General properties. Also, because any eight-foot fence must meet sight triangulation standards, this amendment avoids any new risk posed to drivers and pedestrians. Second, this text amendment will not result in the increase of any nuisance, including noise, vibration, dusk, heat, smoke, odor, or glare. In fact, it encourages and assists landowners in effectively screening permitted activities from the public, thereby reducing impacts of the type sought to be avoided under the County's criteria. Finally, as discussed above, permitting eight-foot fences in front yards is consistent with the commercial purposes of the CG zone district. The current three-foot fence limitation seems to be a remnant from the Euclidean zoning philosophy, which sought to encourage white picket fences in residential neighborhoods . This goal may still be legitimate for residential neighborhoods. This standard serves no purpose in a commercial district, however, other than to deter economic activity and limit a property owner's ability to utilize the property for a lawful purpose . Applicant has intentionally limited the applicability of this text amendment to the CG district in order to preserve the three-foot limitation in commercial districts proximate to residential areas . The Commercial-Limited zone district, for example, is intended to be "compatible with surrounding neighborhood uses" (3- 10l(D)), whereas the CG district is intended for general commercial businesses. This amendment recognizes and honors that important functional difference that exists in the County's code. IV. CONCLUSION Applicant is requesting that the County approve a code text amendment providing that landowners in the Commercial -General zone district are entitled to erect an eight foot fence within a front yard setback. This amendment is consistent with the underlying purposes of the zone district, the comprehensive plan, and state statutes. It will facilitate diverse economic development, ensure compatibility with surrounding jurisdictions, reduce visual concerns, and reduce hazards to neighbors and the public. Rocky Mountain Hotshot and Transportation, Inc. Request for Text Amendment • • November 2009 Page 6 of 6 • • ® @ • Adjo ining 2175 ® ® ~ ~ ~ ~ ~ ©~ ©®®© I . • un•nu ~~ ~~~~~~~~~ ~I H tt f tt If H f ~ i ©i ~~®~~~~®®~@@~I ® ® • RECEIPT/INVOICE !Applicant • Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601- Phone: (970)945-8212 Fax: (970)384-3470 Invoice Number: INV-11-09-19912 ROCKY MOUNTAIN HOTSHOT & n; ,co I Return to: I· Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601- Fee Name Invoice Date: Plan Case: !Memo: Land Use Text Amendment Fee Date 11/27/2009 BALCOMB & GREEN, P.C. P. 0. BOX 790 (970) 945 -6546 G L ENWOOD SPR INGS , CO 81602 Pay Type Check PAY Three il und r e d and No /lO Oth s Do llar s r TO THE ORDER OF Mondav. November 30, 2009 11/30/09 Land Us e Cod e Text Amendment , TXTP-11-09-6 2 19 Fee Type Fixed Check Number 45041 Total Fees Due: Amount Paid $300 .00 Fee Amount $300.00 $300.00 Change $0 .00 Total Paid: $300.00 I Total Due: $0.00 I 45041 82-340/102 1 CHECK NO. DATE AMOUNT $300 .0 0 11/25 /09 ;~--~Q·~:i .• f :1 ~ ,' · .. i .:, t:; ,....ARFIELD COUNTY /1!1J \/ .::· 7 ~;., .... i()(/ ; ·~ u ~, . .:'°J { .... : u .; .. //. ·>uilding & Planning Departm e nt :·" /---:-"{' J8 81h Street, Suite 401 • <-;~7 '\:.~ ...... lenwood Springs, Colorado 81601 C.· . ,. ·.. .... . ..i;' 'TY BUiLDi'.JC.i 5 F'L ;0 /!i-J'. :·:; .::.. \'--:z_elephone : 970 .945 .8212 Facsimile : 970.384.3470 · ·,,___ ._________,.. )ww .garfielcl -county .com \XT P ~ \ \-Oq-(\)~ \ q REZONING: TEXT AMENDMENT [Amendment to the text of the Unified Land Use Resolution of 2008 or an Exist ing Planned unit Development GENERAL INFORMATION (Please print legibly) > Name of Property Owner: Rocky Mountain Hotshot & Transportation Inc. > Mailing Address : 810 County Road 223 Telephone: (970) 625-1188 > City: Rifle State: CO Zip Code : 81650 Cell: ( __ ) ___ _ > E-mail address : nicktiffj@aol .com FAX: (_) ___ _ > Name of Owner's Representative , if any, (Attorney, Planner, Consultant, etc): > Balcomb & Green, P.C., Attn: Chad J . Lee , Esq. > Mailing Address: P.O. Drawer 790 Telephone: (970) 945-6546 > City : Glenwood Springs State : CO Zip Code : 81602 Cell :( __ ) ____ _ > E-mail address : clee@balcombgreen .com FAX: (970) 945-8902 > Specific Section of County Unified Land Use Resolution of 2008 or PUD to be amended: Section 3-301 (I) and (J), and Section 7-825 A.1 .b.(2) > Purpose for the proposed text amendment: R eque s ting approva l of a cod e tex t a mendm ent ex panding an e xisting exception in the Code to pe rmit landow n e rs in th e Commerc ia l- G e neral zone distri c t to erect an 8 foot fence within a front yard setback . La s t R e vise d 12129108 • • • I. APPLICATION SUBMITTAL REQUIREMENTS This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete specific text in the County's Unified Land Use Resolution of 2008 , or 2) amend, add, or delete text of an approved Planned Unit Development (PUD). As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a cover letter containing a detailed narrative describing the proposed amendment to the specific text of the County Unified Land Use Resolution or to the text of an approved Planned Unit Development (PUD). This narrative should describe the overall purpose of the amendment and the specific sections to be amended. 2. Submit a copy of the deed, legal description, and copy of the County Assessor 's Map of the real property, owned by the Applicant in Garfield County, which will be affected by such change. 3. 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. If the property is owned by a corporate entity (such as an LLC, LLLP , etc.) Please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity." 4. Submit payment of the $300 .00 base fee and sign the "Agreement for Payment" form and provide the fee with the application. 5. Please provide a response that demonstrates that the request meets the following criteria: a) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change . b) Compliance with Statutory Provisions . The proposed text does not conflict with State statutory provisions regulating land use. c) Increased Hazards. The proposed use does not result in hazards or alter the natural environment to an extent greater than the other uses permitted in the zone district to which it would be added. d) Increased Nuisance. The proposed use does not create more offensive noise , vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than that normally resulting from the other uses permitted the zone district to which it would be added. e) Con:ipatibility . The proposed use is compatible with the uses permitted the zone district to which it would be added. 6 . Vicinity map: An 8 Ii x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3-mile radius of the subject property . The map shall be at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 7. A copy of the Pre-Application Conference form from the original Pre-Application Conference . 8. Submit 3 copies of this completed application form and all the required submittal materia ls to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS The following outlines the process for amending the text of the Unified Land Use Resolution or an existing PUD pursuant to Section 4-202 of Article IV. 1. Submit Application. The application materials required for text amendment are set forth in Section 4-501 (D) and included above. 2 . Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103(C), Determination of Completeness. 3. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held at the next regularly scheduled meeting of the Commission for which proper notice of hearing can be accomplished. b . Public notice of the hearing shall be published by the Director in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 4. Evaluation by Director/Staff Review . Upon determination of completeness, the Director shall review the proposed text amendment and prepare a staff report. A staff report shall be prepared pursuant to Section 4-103 E. 5. Review and Recommendation by the Planning Commission . A proposed text amendment shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing. a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, modification or denial of the proposed amendment. • • • • 6 . Schedule Public Hearing. The Director shall schedule the appli cation for co ns id e ration by the Board of County Commissioners . a . Public hearing by the Board of County Commissioners shall be held within forty (40 ) calendar days of the date of the Planning Commission 's recomm e ndation . b . Public notice of the hearing shall be published by th e Director in a n ewsp a per of general circulation in the County at least thirty (30) calendar days prior to th e date of the public hearing. 7 . Review and Action by the Board of County Commissioners. Upon a publ ic hearing conducted pursuant to Section 4 -103 G , Conduct of Public Hearing, the Board of County Commissioners shall determine whether the text should be amended . a . Decision by Board. The Board of County Commissioners shall approve, modify or deny the proposed amendment. The Board shall direct that the Director ma ke any such approved amendments to the text of this La nd Use Code. b. Effective Date . Unless otherwise specified by the Board of County Commi ss io ne rs, an approved amendment to the text of this Land Use Code shall become effe ctive upon the date of the Board 's approving the amendment. I h ave read the statements above and have provided the required atta c hed inform ation which is correct and accurate to the best of my knowledge . BALCOMB & GREEN, P .C-=----7 CJ----'i ,,,., l/j'J-<,I 0~, _By : ,,---·/ 7 Chad J . Lee , A . erney-in-Fact for Date Rocky Mountain Hotshot & Transportation In c . / ··, / / . .----/ / \-/!~/"\;'>. '" /.---, \ .... ____ / "' ...... , .... ,..... _,./ GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board ") Resolution No . 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdi vision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved . The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may requir e additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit , zoning amendment or subdivision plan . If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below , must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee . Base Fees are non-refundable in full , unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below . The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application . The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon th e application tendered to the County . • • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan I Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment I Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption I Amendment Major Exemption I Amendment Rural Land Development Option Exemption I Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan I Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review I Amendment Major Impact Review I Amendment Rezoning : Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) I Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees , as authorized pursuant to the Regulations , such as the Colorado Geolog ic Survey $325 $200 $100 $1,075 $300 I $300 $400 I $300 $400 I $300 $250 $400 $400 I $300 $50 $250 $400 I $300 $525 I $400 $300 $450 $500 I $300 $450 $250 $250 NO FEE $50 .50 $40 .50 $33 .75 $30 .00 County Surveyor Review Fee (includes review of Amended D t . d b S $ . . e ermine y urv eyor Plats, Fmal Plats, Exemption Plats) $11 -151 page $10 each addition al page Mylar Recording Fee Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application . Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit , zoning amendment, or subdivision plan . All additional costs shall be paid to the execution of the written resolution confirming action on the application . 4 . Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid . 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit , zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application . All additional costs shall be paid prior to the execution of the written resolution confirming action on the application . 6 . If an application involves mult iple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above . 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 e • • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM {Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Rocky Mountain Hotshot & Transportation Inc . Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Rezoning : Te xt Amendment (hereinafter, THE PROJECT). 2. OWNER 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. OWNER 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 . OWNER agrees to make payment of the Base Fee , es tablished for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above . OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment , or subd ivision plan . PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) BALCOMB & GREEN, P.C. B C_ _ ______-7 7 Chad J. Le -'Att"orney-in-Fact for Date Rocky " untain Hotshot & Transportation Inc. Mailing Address: 818 Colorado Avenue Glenwood Springs, CO 81601 Page 4 <"''-~~~GARFIELD 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 ... _!~~;·~~ •:, .. -; ~: I ~ f :i '; l'~ Ci\! :~:; 7 i?Gog ;~;,;..\;·!'-.. ' ~.. .)') \' CJ 1.j n_JJ if'·.: . .i ,1 ,~ LP) ~ tf •. ; ::; \x\ P-\\-di-(\)~\ q PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 21n-111-oo-359 DATE: 11/06/09 APPLICANTS PLANNER: N/A PROJECT: Text Amendment for Setbacks in CL zone district OWNER: Rocky Mtn. Hotshots & Transportation, Inc. REPRESENTATIVE: Balcomb & Green (Chad Lee and Chris Geiger) PRACTICAL LOCATION: N/A TYPE OF APPLICATION: Text Amendment to the Unified Land Use Resolution of 20081 as amended I. GENERAL PROJECT DESCRIPTION The owner, Rocky Mtn. Hotshots & Transportation, Inc., owns property in the CL zone district and was cited for having a fence in the front yard setback that was taller than the required 3- feet. In order to address this issue, the owner would like to amend the text of the land use code such that taller fencing can be allowed in the front yard setback. It was understood from the pre-application meeting that the owner was contemplating amending the following sections: };> Section 3-301(1): Accessory Structure in Required Yards: (Except as provided in the following Section (K), "Accessory Structures -Agricultural Property", which applies to the Rural, RL (Gentle Slopes /Valley Floor), and DWC zone districts), a fence, hedge or wall may be located in any required yard provided that no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard . • • • • :» Section 7-826 Accessory Building or Structure A. General Requirements. 1. Location in Rear Yard Setback. An accessory building or structure may be located within the required rear yard setback provided the following requirements are met. a. Setbacks. The accessory building meets the following setbacks. (1) Minimum setback from rear lot line not adjacent to an alley (2) Minimum setback from rear lot line adjacent to an alley b. Maximum Height, Fences and Hedges: (1) All lots not zoned R or RLGS Front Yard 3' Side and Rear Yard 8' (2) lots zoned R or RLGS 7W 10' All Yards 8', unless a higher height is approved by Major Impact Review . After further review, Staff also noted that the owner, because their lot is a "Through Lot", that they may want to address the fence heights allowed in the rear yard as well which is found in the land use code in the following section: :» Section 3-301(8) Through Lots: On lots extending from one (1) street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks; 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE /COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The following sections of the Garfield County Unified Land Use Resolution of 2008, as amended shall apply: };>-Sections 3-301(B) and (1) ~ Section 7-826 };>-Section 4-202 };>-Section 4-501(D) };>-The County's Comprehensive Plan of 2000, as amended Ill. REVIEW PROCESS Section 4-202 Land Use Code Text Amendment. Amendments to the text of this Land Use Code shall be initiated by the Board of County Commissioners, the Planning Commission, the Director or an applicant owning land which is subject to the proposed land use text change. A. Review Process 1. Application. The application materials required for text amendment are set forth in Section 4-501(0). 2. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103{C), Determination of Completeness. 3. Schedule· Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held at the next regularly scheduled meeting of the Commission for which proper notice of hearing can be accomplished .. b. Public notice of the hearing shall be published in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the proposed text amendment and prepare a staff report. A staff report shall be prepared pursuant to Section 4-103(E). 5. Review and Recommendation by the Planning Commission. A proposed text amendment shall be considered by the Planning Commission at a public hearing, • • • • after proper notice, conducted pursuant to Section 4-103{G), Conduct of Public Hearing. a. Recommendation by Planning Commission . The Planning Commission shall recommend approval, modification or denial of the proposed amendment. 6. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty (40) calendar days of the date of the Planning Commission's recommendation. b. Public notice of the hearing shall be published in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 7. Review and Action by the Board of County Commissioners. Upon a public hearing conducted pursuant to Section 4-103(G), Conduct of Public Hearing, the Board of County Commissioners shall determine whether the text should be amended. a. Decision by Board. The Board of County Commissioners shall approve, modify or deny the proposed amendment. (1) The Board shall direct that the Director make any such approved amendments to the text of this Land Use Code. b. Effective Date. Unless otherwise specified by the Board of County Commissioners, an approved amendment to the text of this Land Use Code shall become effective upon the date of the Board's approving the amendment. 8. Criteria for Approval of Amendments to Text of Land Use Code. The following criteria shall apply to proposed Land Use Code text amendments. a. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change. b. Complfance with Statutory Provisions. The proposed text does not conflict with State statutory provisions regulating land use. 9. Criteria for Approval of Request to Add Use(s) to Zone District Regulations. The Board may add to the uses listed for a zoning district established by this Code, based upon the following findings. a. Increased Hazards. The proposed use does not result in hazards or alter the natural environment to an extent greater than the other uses permitted in the zone district to which it would be added. b. Increased Nuisance. The proposed use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than that normally resulting from the other uses permitted the zone district to which it would be added. c. Compatibility. The proposed use Is compatible with the uses permitted the zone district to which it would be added. Public Hearing(s): X Planning Commission .K. Board of County Commissioners Referral Agencies: (Division of Water Resources, Colorado Department of Transportation, etc.) }> County Attorney's Office }> Others TBA IV. AfP_LICAIION REVIEW FEES Planning Review Fees: $300.00 Referral Agency Fees: $ Total Deposit: $300.00 ~n.eral Ap.P-licatfon Procg_s_sing (additional hours are billed at hourly rate) Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body . • • • • QiillaLmer 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 vestep right. EXHIBITB EAGLE COUNTY I ARTICLE 3: ZONE DISTRICTS 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT [Article 3, April 21, 2009 Land Use Regulations, Pages 3-55 and 3-56] SECTION 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS 4. Fence, Hedge, Wall or Berm. A fence , hedge, or wall or earthen berm may be located in any required yard or common area , provided that the fence, hedge, wall , berm , or any combination of fences, walls and berms shall not exceed eight (8) feet in height (as measured from natural grade at any point on the s ide of the berm that faces an adjacent property), or 150 feet in length in a required side yard, rear yard or common area, nor shall it exceed three (3) feet in height or 150 feet in length in any required front yard. Exception is provided for properties in the Commercial Limited (CL), Commercial General (CG), Industrial (I), Rural Center (RC) and Resource (R) zone districts, where an eight (8) foot fence, hedge, wall , earthen berm or combination of fences, walls and berms may be located in all yards (front , side, and rear) and common areas. Proposals for earthen berms that exceed the dimensional limitations stated herein shall be required to obtain a Finding of No Significant Impact (FONS!) from the Director of Community Development or approval of a Site Specific Development Plan form the Board of County Commissioners, as provided in Section 4-230 .A. 11 , Approval Process for Large Landscape Berms, prior to construction. The installation and design of earthen berms shall further conform to those processes and standards listed in Section 4-230 .A. 10., Landscaping Standards for Landscape Berms. (am. 5116106) .... Mesa County Land Development Code (Effective May 2000) Last Revised July 2009 page 46-6 (*denotes change to code -see Appendix A) Chapter 6 / Density & Dimensional Standards .... B . Exceptions and Permitted Encroachments Setbacks must be unobstructed from the ground to the sky except that the following features may encroach into required setbacks: ... 15. fences or walls six feet or less in height, if otherwise allowed by County regulations (Note: fences or walls over six feet in height require a Building Permit and shall be subject to all setback standards); and .... Pitkin County Land Use Code, July 2006 (Page 19) Chapter 5: Dimensional Requirements; 5-20: Rules of Measurement I 5-20-80 : Measurement of Gross Floor Area 5-20-100: PERMITTED ENCROACHMENTS INTO SETBACKS FROM ROADS AND PROPERTY LINES In measuring a front, side, or rear yard setback, the horizontal distance between the lot line and the closest projection of the principal or accessory structures shall be used. Required front , rear, and side setback areas shall be unoccupied and unobstructed from the natural grade skyward, except as provided below: (e) Fences, walls used as fences, berms, hedges, or similar obstructions erected or maintained within twenty (20) feet of any street corner shall not exceed forty-two (42) inches in eight as measured from street grade. Rio Blanco County Development Department, Section 268 I Rio Blanco County Land Use Resolution I Revision B: 12-9-2002 I Pgs 5 and 6 of 8 Section 268: Standards on Landscaping, Buffering, Screening and Fences. Fences, Walls and Hedges Fences for Individual Residential Uses All fences are subject to Sight Triangle standards that can be applied by the County Road and Bridge Department. Fences in the required front yard setback cannot exceed 8 feet high . (Note: Any fence over 6 feet requires a permit from the County Building Department.) Fences for Individual Non-Residential Uses (Excluding Agricultural Uses) Fences up to 6 feet high may be placed anywhere on the lot, but are subject to Sight Triangle standards. Security fencing may include 3 strands of wire o.of the fence and will not be included in the h.t measurement. The wire strands must not extend beyond the pro . ine . Security fencin g may be required to bes ed by rows of trees and/or shrubs to provide compatibility with surrounding land uses .... • • Recorder. WARRANTY DEED THIS DEED, marle this 10th day ofOctobc:r, 2007 Between WILLIA}.1 H. DUBOIS SR . AND DONNA M. DUBOIS ofchc •County of Garfield, and Stale of CO, grantor, and ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION INC ., whose legal address is : 810 County Road 223, Rifle, CO, 81650 oft.he County of Gorficld and State of CO, grantee: WITNESSEIB. That the grant.or for and in consideration of the sum of $1,225,000 .00 DOLLARS, the receipt and sufficiency o f which is hereby ad:.nowlcdged, has granted, bargained,. sold and conveyed, and by these prcsc:nts docs grant., bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all lhc: real property together with improvements. if any, situatc, }ylng and being in the County of Garfield and State of Colorado described as follows : See Attached Exhibit "A" as known by SU=t and ownbcr as: TB(! HWY 6&24 Rifle CO TOGETHER with all and singular thC hcredilaments and appurtenances thereto belonging, or In anywise appertaining, and the revcrnon and revCTSions, remainder and remainders:, rents, issues and profit'S therco{, and all the estate , right, title, interest. claim and demand whatsoevtf of the grantor either in law or equity, of, in and to the above bargained premises, with the hc:R:ditamcnt! and appurtenances . TO HA VE AND TO HOLD the said praniscs above bargained and described, with the appurtenances, unto the grantee, his he irs and assigns forever . And the Grantor, for himself, his heirs., and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, hi s he irs and assigns, that at the time of the cruealiog and delivery of these presents, he is well seized of the premises above conveyed, ha.s good, sun:, perfect, absolute and indefeasible csta:lc of inheritance, in law, in fee simple,. and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and fonn as aforesaid. and that the same a.re free and clear from all fonnCI" and other grant!, barp.ins., sa.k:s. liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general to:~ and assessments for the year 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reflc:cted in Commonwealth Title Company's Commitment No. 0612036-R The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and tlSSigns, against all and every person or pc~ns lawfully cla..iming the whole or any part thereof. The singulas number shall include the plunl, the lural the singular, and the use of gender shall be applicable to all genders. lNWlTNE RE - ST A TE OF COLORADO COUNTY OF GARFIELD ) ) SS. ) Donna M. DuBois The foregoing instrument was aclcnowledged before me on October IO, 2007, by William H. DuBois Sr. and Donna M. DuBois. My commission expires : Commoowc.a!th Fi.le No .0612036-R J..mimio; ~y Mcu-'o HouMIC A: T~ ""'- l!O UNN:y A-.:1221 lt..i'11 CD 116SO ~~ ~~~-~~ t-; :~T L. HUBBELL OTARY PUBLIC I E OF COLORADO M ~ Cc :.ifniss 1on El:pires 04 10a1os .,.. 1111 ~111.i.MHll.ti'ilf.Nf,~11¥/.Wf,llt~I~.~·~ 11111 Reception#: 735147 1011212~"7 04 : 13 ;29 Pr1 Jun Rlb•r i eo 2 cf 2 ~•o F .. ;$1 1.00 Doc Fee :122 .!i0 GARF I ELD COUNTl' CO File No. 0612036-R EXHIBIT "A" A tract ofland, contained in the SEl/4 of the NEl/4 of Section 11, Township 6 South, Range 93 West of the 6th P .M ., more particularly described as follows: Beginning at the intersection of the northwesterly right-of-way line of State Highway 6 & 24 with the east line of said Section 11, whence the El/4 Comer of said Section 11 bears South 00°16'58" East 510 .75 feet thence, along said right-of-way line South 63°01'54" West 721.64 feet thence leaving said right-of-way line North 02°24'45" East 1134 .73 feet to the northerly line of said SEl/4 of the NEl/4 thence, along said northerly line North 89°39'46" East 591.41 feet to the NE comer of said SEl/4 of the NEl/4 thence South , 00°16'58" East 809.96 feet to the POINT OF BEGINNING. • • NEWPORT ECONOM I C DEV LJ..RR\.' GREEN ROCKY MOUNTAIN HOTSHOT & TRANSPORTATlON fl'\C. 810 COUNTY ROAD 2523 RIFLE, COLORADO 81650 PH: 970-625-2338 August 21, 2009 &::irfield County Bui11ing and Planning Department 1 (1~ 8'1 ' Srreet, Sui<:e 401 5'.enwood Springs , CO 81601 Re : Rocky Mountain Hotshot <i Tra.nsp"rtatian Inc. -Variauce Application ll>~ar Madam ar Sir : PAGE 05 ~011 : With this Jeher we authorize Chad J Lee and the law firm ¢f Balcomb & Gr~en . PC.. to act GS ... Hhe authorized repr~senmtive of Rocky Mountain Hotshot & Transportauon Lie in regard to the: above- j l~ferer,ced a.pplication. 1 \ • Thank you for your conside-i:ation of this appbcation . I 11: I I' I . '1' : I ' ,. i I ~I. 1,, 1: Very rru.ly yours, 0812112009 -illl-~11'• t'~i1lV\l,MU 1~11, 1¥1,tlt~~t,-.,~1~rl'~111~lft~,~11 & 11111 MIC DEV PAGE 03 ~010 ! I i : ! • I I I I c j i' I I H .. H ~ : ' ~ ' , . I 1~. ~1111 1 Reception~: 778251 1 1/24 12009 03 :50 :34 PM Jean ~lberico 1 of 1 Rec Fee :$6 00 Doc Fee :0 .00 G~RF!ELD COUNTY CO STATE~NT OF AUTHORITY Fursuant to C.R.S. §38-3C -1 12, ~he und~~sig~~d exe=~~e~ d.is St.ll."ter:tent of Authoricy on b2ha~f Of ROCKY MOUNTJ!.IN P.CTSHOT & TRA.."'lSPORTA.TION INC . , a Colorado corporation, a;:-~ enti.ty ot!'ler t:1an an individual, ·:.:apable of hol::ii::'lg T~tle :o real ·property (the ¥Ent~tyu), and stateB es follow~: The name a: LH~ Sntic~· is ROCKY V.OUNTAlN HOTSHOT & TRA...~SPORTATION INC. and ~s :crrned ur..der the laws of Colorado. The mailing add~ess for ~he Enti~y i~ aio County Road 223 Ri=le, Coloredo 81650. The na~e and/or positiort of axecute instruments co~veying, effecting title ::.o real property TIFFANY D. WOOD . the pe.:;$On encumbeL".i n g, c,.:i behalf of authori:zed t:J Ot:" ot~_E;!:wi.~e i::he Eneity i.!!i ~he lirritaticns ~po~ the au~~crity of the person ~amed above or holding the po~ition d~scri~~d above to b ind the E~ri~y are a:i fol.:i.ows: None ()()()2.. :1f ~o !imitations, insert. ~No~eH) Other matters concerning ~he manner in w~ich tie En~ity ceals ~iLh any intere~~ i~ r9al p~operty ar@: (i f no o~ha~ nat~e r, leav~ th ~3 ::X!CVIE D tt-_i3~ jay. of Au9".1.::>t, 20C9 ST.l\.''.'2 or ~RK.l\.lJS.1\£; ... o ,r "~" "~ _J/'I .... v.c~ ... \,;~'(1 ... '.J .:~' 5:!..~n<1.i;;ur N~~e:~yp~d or pri~te Tit.le I if any ); Pres:.dant ) SS . The foregoing ir:.9t.~urn2:it "'ai: ackr,c1.-1:'..edgec! bef;:,;;e r..~ thi!I d:l.__ day of .P.ugu~t. ~009 by Tiffany D . '"1oocj, Pres;id.t:nt. c:: behalr c.f Rocky Ncun'::a.i:-: tio':'.st'tot. 0.. '!'rat:lilportat.ion Inc., a Colorado corponu:ion . 0~/09 •!on .. , my hand aM oft:;..•" . I'!:,· comrr.i~~ion l!:Xpi..i:~.s : • H M £5{ I [SEAL } e NOTARY PUBLIC-STATE OF ARKANSAS JACKSON COUNTY My Commission Expires Sept 11, 2018 COmmlsalon # 12361821 - • January 4, 2010 revised 1/5/10 Chad Lee, Esq . Balcomb & Green, P.C . 818 Colorado Avenue Glenwood Springs, CO 81601 c!ee@balcombareen .com Garfield County BUILDIN G & PLANNING DEPARTMENT Reference: Rocky Mountain Hotshots and Transportation -TEXT AMENDMENT Dear Mr. Lee; This office is in receipt of a request to amend the Garfield County Unified Land Use Resolution of 2008, as amended in order to allow fences of up to 8' within the front yard setback of properties zoned Commercial General. The submittal documentation has been deemed technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Unified Land Use Resolution of 2008, as amended. This application will be reviewed by Staff and a report will be sent to you. The Planning Commission will discuss and review the application at a public hearing scheduled on Wednesday, February 24, 2010 at 6:30 p.m. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Administration Building, 108 8th St., Glenwood Springs, CO 81601. As a matter of process, the Planning Commission shall hold an advertised public hearing on the proposed Text Amendment at the scheduled meeting. The Applicant shall be solely responsible for the publication of notice. The Applicant shall present proof of publication at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: 108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 1. Notice by publication, including the name of the applicant, a description of the proposed change to the Land Use Code and nature of the meeting, 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 such hearing, and proof of publication shall be presented at hearing by the applicant. The Rifle Citizen Telegram is the official newspaper for notice. Be aware that this is a weekly publication thereby requiring some additional time to meet the above requirements. I have enclosed the appropriate notice with this letter for the Planning Commission public hearing as mentioned above for your convenience, please note: Staff has provided these documents as a courtesy. The Applicant must verify that all information provided in these documents is correct. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. Note: Please submit 22 copies of the completed application as itemized on the attached referral form and return copies to this office no later than January 12, 2010. If the copies have not been submitted by this date, your public hearing may be jeopardized. Please feel free to contact me if you have any questions. Enclosures CC: Cassie Coleman, Assistant County Attorney File • e • • PUBLIC NOTICE TAKE NOTICE that Rocky Mountain Hotshots and Transportation, Inc. have applied to the Planning Commissio~ Garfield County, State of Colorado, to request a Rezoning : Text Amendment to §3-301 and §7-825 of the Garfield County Unified Land Use Resolution of 2008 , as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description Practical Description Request Description APPLICANT MUST INSERT 28730 Highway 6, Parcel 2 of the Green Subdivision Exemption To clarify and add Commercial General Zone District to provisions in §3-301 and §7-825 which allow construction of a fence, of up to eight feet (8 ') in height, within the front yard setback. All persons affected by the proposed Variance are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the land use request. This application may be reviewed at the office of the Planning Department located at I 08 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p .m., Monday through Friday. A public hearing on the application has been scheduled for Wednesday, February 24, 2010, at 630 P.M., in the County Commissioners Chambers, Garfield County Plaza Building, Suite 100, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County BALCOMB & GREEN, P.C. ATTORNEYS AT LAW EDWARD MULHALL, .J R . P. 0. DRAWER 790 SCOTT B ALCO MB LAWRENCE R. GREEN TIMOTHY A. T HULSO N D AV ID C. HALLFOR D CH RI STOP H E R L . COYLE THOMAS .J. HARTERT CH R ISTOPH ER l. GEIGER SARA M . DU NN 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 DANIEL C. WENNOGLE SCOTT GROSSCUP C H AO .J . LEE VIA HAND DELIVERY TO: Fred Jarman, Pl anning Director Telephone: 970.945.6546 Facsimile: 970.945 .9769 www.balcombqreen.com November 24, 2009 Garfield County Building and Planning Department KENNETH BALCOMB (I 920-2005> OF CO UNSEL : .JOHN A. T HULSO N ; .. : C1 \.. r.~ 7 ,:~· .~~ l'i D ,..:: '/ ·::f~, •-'~ r1._,(d,i1\.1,'·(:J Re : Rocky Mountain Hotshot & Transportation Inc.; Application for Code Text Amendment Dear Fred: Enclose are three complete copies of an Application for Re z oning: Text Amendment per our discussion at the preapplication conference on November 6, 2009. As yo u know, Rocky Mount ain Hotshot & Transportation Inc. is the owner of Parcel No. 2 177-111 -00 -359 in th e Commercial -General z one district. This Application submittal package contains the following: 1. Rocky Mountain's request for a land use code te x t ame ndment; 2. Warranty Deed evidencing ownership of the subject property b y Rocky Mountain Hotshot & Transportation Inc.; 3. Letter authorizing Balcomb & Green, P .C. to repre se nt Rocky Mountain Hotshot & Transportation; 4. Statement of Authority for Rocky Mountain Hotshot & Transpmiation Inc. record ed on November 24, 2009 as Reception No. 778251; 5. Garfield Co unty Assessor 's maps showing the subject prop erty; 6. Pre-Application Conference Summary; 7. Co mpleted Garfield County Application for Rezoning : Te xt Am endme nt ; an d • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman , Planning Director November 24, 2009 Page 2 8. Executed Payment Agreement Form and our check in the amount of $300.00 which we understand to be the appropriate application fee. We have already submitted tlu·ee copies of a s ite plan during Rocky Mountain 's withdrawn variance application. Please let us know if you need add ition al copies. As alway s, I look forward to working with you and the Garfield County Plannin g staff in the County's revi ew of this Application. Please do not hesitate to contact me should yo u hav e any questions about thi s Application. CJL/bc Encls . xc : Tiffany Wood (w/out encls.) Very truly yours, BALCOMB & GREEN, P.C. _____---; (1 .4z~_>/. I ---------By:~~~~~~~.+-_,_,:_-·_··~~~~~~~- Chadl.L9// 4534560 • PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Andrea Porter, do solemnly swear that I am a Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 1121/2010 and that the last publication of said notice was in the issue of said newspaper dated 1/21/2010. In witness whereof, I have here unto set my hand this 1st Day of February 2010. £J~ Andrea Porter, Publisher • Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 1st Day of February 2010. ~0---v1 .S. ~ Mary E. Bofkenllagen, Notary Public My Commission expires: August 27, 2011 Balcomb & Green ~;,f:~,:.'.l~j"J£.eU8~1c 'Non97;·•i•~·~~;;~~~~;~ I' ·TAKE •NOTICE lhal i F!ocky Mounlaln·Hotilhoi·&·i •• J, Transportatlon 'lnc:• has app!led ,to)hej P.clannlng .;; ,. Commission, Gertleld County, Stale ol Col0(8do,,1o .;, >'.niquest a'l!and Use CodeJexi "Amenarrie'ni'P.Jiistr.'" ~ 8111 to S~on ''4"20~ of \l)e Gaiflekl C!>!!n!YS!_n1~'7 ;L:and<Use!Resolutlon of '200B )"a s.amended •· ;r,code:):to amend lhe·pro~sioba of Se<;llcio(\l:'!!01 ;{ ifanch7'825 of the Code In connecllonwtlh :lne .fo V J r.~!Qli <1,esc~.!>ed pro,pilrty 1n ,Gar11e1a ~11)Y;,CQ1,1>:.~ r,,~~·~#;;-~;+~:it\r;~~.fy "'-e·.~ :·:·:~~~;.~·~~~?1~y;-,J~f:.~ • tegei ~;;,f .A.·1raci0i 1ancfr 'co'ri"tifiii~d i l'1.' 'Phe,SE1/4 'of.\hli·NE1/4 of Seiition '1 ,f1'JT~shfp·e.~ '.SoU1h, Range 93 West of lhet 61h!P.M.~ more'par"' ~·~J~~~;~8\.~~~·.:~:'..'~~;;,,,~'!~t;r~cl;,:,~ 'Beginning at the lnleraecllon of, l~e northwesterly , "?~ght:Oh\Yiiy)lne ·or .Stale Hlgh\.;ay ,e•&l 2-4l'W1tti'lhe \ 'ea81 llna '.of .88ld'Sectlon .11';'wlience lhe 'E114'Cor· "• "ner of sakl Sectlori .11 ·beara SOulh 00~1e•ss~!East~ ~510 . 75 . f~et .plll,nce,,alon~ 8a)<l1 rlght;5ll.~1¥&Y11!ite ,i ··=~~~w5:"1~~~ :.J:~~~~~.,1 ~~~8·" '~18et to lhe"n0~ttv·sne of aald SE1/4o f 1hii·NE114 '·: <· therii:e :aloi\a'sald •northelty l!ne 'North ,89~39 '46' · • Easree1 ~41 .fee1 to .lhG NE comer.OlcliaJd SE1/4 of ' ,. the NE1/4 .thence.~South .00 :16'58'-East e09 :es ,., >;!ee!JQ.!he J~OINT,Of; BEGINNING.:;Thls property,·; 'JllBy,iilso,be descr1bed aa ·28730 /j]gh1¥ay,6;P,,ar· e·ce12 of tha 'Green Subdivision Exemptloil :..,-'\;:""'·· t .. "l..~:!4'.>=.-,;;..:~~:=~~-~·ur...i.. ··~-, .,,_ ;·· '_~: ·:·_ Deacrtp!lon ot Req.-t: Currenlly, the Code .Um· ' Its lhe .hefghl of .a lance wllhlrl'B frorrt yard selback ,o r Jn Iha Commeri:lal General Zone Dls1rtc1 .10 ;1hr11e;;< ~;\eet ,ln helght;:Appllcant ·ls ·raquestlpg1ii\'ame~d,' , ',menl 1o:sect1ons ·3•301anp1,025 of .lhe ,~o ''increase ;th,1permllt8d he!ght lof.'a1fence :wtthln 'a "' f.• tionfyi11d sG1baCk In lhe .Comni,iiiciarGeniiralZoile f; r;]~~~~~w~~~~~l~t:ft~~~~~~j ~'man( ar~ '1.n~tted to 'appaar. ~nd s1a1~'!'1,elfylejV9',1J !:~rsem~nti101 op)ecttona?d l y<?U cannot appearp 1.! personally at such meel!ng, lhen .ycu .are •uroed .to i; ~t slale ,y 0 ~r:v!it\¥§.by,letter, as ~;Boan:t·ot:C9 unly .; :.:,.Commlsalo(18ra wlll ,gtve conslderaUon;Jo 'the,com· 4 ')nenls Of suiloundlng propi!rtY)JWrierS BOd;ot heia '· :affeCted •ln'deckllng .whe1h t r1to 'giint'or:diloy:th$:1 \reqU,e~'tqMhe'lanil use re'quem ~·Thlli"aP,plli:at!on l r may_ be ·rev)~w8d 1at lhe ott!ce J)f the. P,lannlng 'De· ; "p~rtJriant localed al 108 8th Streel ;'Sulle 401,'<;3ari 'J .'!!aid County1Admlnlslrallon . fWlldln·g.,GlanwoOd ·, ' .~r1ngs ;,eo1orad1i .. llc!tweeii:the houis .. • --·~· l1 and .5:00 p!m.;'Mondliy thro•...,·F.r1da'.y · 1 ,::~·"~tv-.;:_~.-,:_ ~·2i-_~:,~ .. r..~ '.~ ,.,..•:l~'J[J.,1. ~~"A .--...... ~.,-''" !• A 'public' tieilrlng ·oii · the ·a ppllcatfon •1ias 1 ti.~en .. r.·s~hedule~ for1Wednesday .<F1tb'ruarv:?4.•;!01 O,'at ·~ .,.6.30 RM.,Jni the ,pounty,Commlssloners Cham-., i .. i .. ;b.·ers:i Garlleld ,County ·Plaz. a1.B u lldln~·~·s:ullii'i100 ;~, •108'8tli'Stlilet 'GlenWood Sp11ngs' Co\oie:.,;;'~"' ·"' \~~§~~~~\( .. , ··'t:'!:~'.lc;if~~';J<:·:1 ., PutiHshed In lhe Cltlze'n ·Telegram 'on ·January 21',"' . ??!~:. ·!~r ··· . .. ... .~ .;,~·':.. II e ~~ II 4-f--ht:i uLv"'---~-1 .... -_/l_p ~ i1 NV\HS --u !:<>"'~, .,, ~~ 1 1 ~CM//t~~ . . . ~~ ••·•··· . . Tl ~·---. h " -Vt I' f'_> . . . -. -.. --- . -·-H ··-.. ··--ft· "JU (/t _ .. 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OOVVJ ~ -71\-······ . ... ~.~ ·····~~-~~-: .... ···- ' ) I J -- ····················· .... ~.~.~-?€~ ~,-~,;oE __ ~~-~1 ; ·· .. ; i ---------··-······· ------------ . --------··---··· --.----------------·----····-------·------·--·---~·----------------------·-···----·-----1 -=::··· --·-···--. ·-- i l =~~~==~?··:~·~-~·=~--~-····~.I --------~-------------• ----------------------------------~M • -----------------------------------~-~ ---------.. ~l~ ms •1 rY~0 ....... 1 bM ····~l~~~ ·-.. J ,-------s ' ···-------.. .i ~ . --AA ~----· ----. ··········· .... ·· 1 \/~\. p.12... ~ ... ---.. -.. j 1ri(Lr~-~A A .. -~J -... - _ ...... : 1 /l,,_, ""v ·~u ~ ... ~ .. -· --.. -. ----. ---···-. -. ............ ilt0J _ ' . ' ' '' . --··------·----....... ·---- ; : -------. . ------, : i --·---·-·---·--. -~J .. --- . ' • • 0r ---s\AJ ---------------------------,--t Wl __________ j_ __ _ -_z -----~-r~ --------I --·---·· rr --w25 -+- ------r ---------w-------~1--------------- ----r ----------------r1 ---------1---------------------- ----1->----_____ ,;2 _~ ---------- --s--------orv --------=-----Wl ---~r----------- s p~ o~ c;01VYJ~ W9 : I NEWPORT ECONOMIC DE V L.t.RRY GREEN ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION 11'C. 810 COUNTY ROAD 2523 RIFLE, COLORADO 81650 PH: 970-625-2338 '---·----·--------------- August 21, 2009 ' ~:uJield County Build.mg and Planning Department C•8 8'J• Srrett, Sui ;:e 401 '.enwood Springs , CO 81601 :: f. !' Re : Rocky Mountain Hobihot ci Transportation Inc. -VariatlCt! Application tt>~ar Madam err Sir: PAGE 05 ~(111 : With this Jetter we a1.1thorize Chad J Lee and the law furn of Balcomb & Green . PC., to act as ... Hhe authori.zed repusentative of Rocky Moi.mtain Hotshot & Transportanon he in re gard to the above - ! 11Herer.ced 1.pplication . 1 I· Thank you for your consideration of this apph catian . i 1: I I' I , ·1, :. l i i I J, Ii, ,, ! ~ ; ' I ,, 1: 1· i I I ' I I '· j Very trU.ly yours, j I ! : ! . I i I I c I i I I I I ' i i . ' i ~ MIC DEV PAGE 03 STATEJ.mNT OF AUTHORITY Fur~uant to C.R.S. S3S -3C-1~~. ~he undersig~~d exe:~~e~ d'.i~ St.ll.-:er".1.ent o! Authoric.y on beha.:..f of ROCKY MOtJNT~.lN ECTSHOT & rRA.~SPORTA.TION INC. , a Colorado corporation, ar-~ ent1.ty ot:~er t:1an an individual, ·.::apable of hol:ii::ig ~~tle ~o real ·property (the vEnt~tyff), and states es fellows: The nam~ a: LH:l Sn tit.}-' is ROCKY r-'.CUNTAlN HOTSHOT & TRA..l\JSPORTATION INC. and :.s :crrned ur!der tn.e laws of COlC'rado. The mailing add~ess for ~he Entity i~ a10 County Road 223 Rifle, CQlorado Sl6so. The nani.e and/or po.si ti on of the pe~son authori:zed t:i '3Kecute instrum1!ints cor.veying, encutnbe.r: .i!"lg, or ot~.e !:wi ~e effecting t.itle ::o real pro9erty C ·~ beha l f Of the Eneity i.5 'TIFFANY D. WOOD . :he li~itaticns ~po~ the aut~crity of the person ~amed above or holding the poeition descri~~d above to bind th@ E~~i~y ere as fol~ows: None ()6rx2. ~~~~.~~~~~~:--.:__:~.:..,.._:;.-,-~~..,.....~~~~-,.,--~- : 1 r ~a !imita~ions, i~sart "Na~eH) Oth.e'.!'.· matters ccncernin9 -;:.he manner in wt:ich t:ie Er:.i:i ty deals Ni~h any intere~~ ir-real p~operty ar@: ST.!\.':'2 or ,\RK.~JS.1\£; ~0 ~~7!' C>?~ ritle !if any ): Pres1d•~t )SS . The foregoing ir..9t.~un2:1t wa.io ackric~2.edgec! bef::i ;e r.a thi!! Jj__ d~y of .P.ugu~t, ~009 by Tift.any D. 'tl'oo(j, President. c~ behal~ <:.! Rocky Mcun::ai:-: li-'':Gnot. o. '!'~ar.e~ortat. ion Inc. , a tol or ado corpcr11.t. ion. 0~/09 ~010 ® @ l@ ® l!HHH®HG®® ~;iitiiiiiiitt I! HliH®®H ~; iilii'9ii -I @®®@ ~® -• " • ~ n § § .: "" 0-0) ~ ~ 0-<>: I ® ~~ ,..; ® -... Recorder. WARRANTY DEED THIS DEED, made this 10th day of October, 2007 Between WILLIAM H. DUBOIS SR. AND DONNA M. DUBOIS of the • County of Garfield, and State of CO, grantor, and ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION INC., whose legal address is : 810 County Road 223, Rifle, CO, 81650 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of Sl.225,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See Attached Exhibit "A" as known by street and number as: ra.q HWY 6&24 Rifle CO TOGETHER with all and singular the hcrcditamcnts 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 grantor either in law or equity, of, in and to the above bargained premises, with the hcrcditamcnts and appurtenances. TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, thal at the time of the cruicaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, barpins, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0612036-R The gran&or shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable poSKSSion of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the lural the singular, and the use of gender shall be applicable to all genders . IN ~TNE ERE the grantor ccutcd this deed on the date set forth above. ST A TE OF COLORADO COUNTY OF GARFIELD ) ) SS . ) 0~~0-Gj Donna M. DuBois The foregoing instrument was aclcnowledged before me on October 10, 2007, by William H. DuBois Sr . and Donna M. DuBois. My commission expires : Commoowcalth File No.06 J2036·R -..10: llocky-. -• r._....;o.1nc:. 110 Couoty llood lll Rift• co 116$0 WITNESS my hand and official _....- 1111 Wii\Kr.MHH .NUWf,rl'f.~l.Cl~~IJsta',*•~ 11111 Reception#: 735147 . 10/1212007 04 ·13 ·29 Pl'! Jean Rlber1eo 2 of 2 Rec Fee :Sil .00 Dee Fee :122 .50 GARFIELD COUNTY co File No. 0612036-R EXHIBIT "A" A tract of land, contained in the SEl/4 of the NEl/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., more particularly described as follows: Beginning at the intersection of the northwesterly right-of-way line of State Highway 6 & 24 with the east line of said Section 11, whence the El/4 Comer of said Section 11 bears South 00°16'58" East 510.75 feet thence, along said right-of-way line South 63°01'54" West 721.64 feet thence leaving said right-of-way line North 02°24'45" East 1134.73 feet to the northerly line of said SEl/4 of the NEl/4 thence, along said northerly line North 89°39'46" East 591.41 feet to the NE comer of said SEl/4 of the NEl/4 thence South, 00°16'58" East 809.96 feet to the POINT OF BEGINNING.