HomeMy WebLinkAbout3.0 BOCC Staff Report 08.17.2004srn/algfur"* .r,,rey'
Exhibits for Robert T.Lazier suP Public Hearing held on August 2,2004
Eihibit Leftei(AioZ) ,
Exhitiit
A Mail Receipts
B Proof of Publication
C Garfield County Zoning Regulations of 1978, as amended
D Garfield County Comprehensive Plan of 2000
E Application
F Staff Memorandum
G Review Memo: Rifle Fire Protection District
H Rwiew Memo: Colpfqdg @ological Survey
I Rev ew Memo: Garfield County Road & Bridge Department
J Rev ew Memo: Garfield County Vegetation Management
K Review Memo: Ga4gE_apqnty Engineer, chris Hale of Mt. cross Engineerine
L Packet From Scarrow (received a! 812/04 meeting)
M Packet for Commissioners from Applicant (r"ceir"@
N Packet for Staff from Applicant (rec ived at 8/2104 meeting)o Review Memo: City of Rifle
P Ilqfns for use withinthe SUP, from Jirnmy Sills
a SUP uses and Legal Split discussion letter, Tim Thulson
R Traffic Study, High Country Engineering
S Review Memo: Colorado Division of Wildlife
T Review Memo: Rifle Fire Protection District (re-review)
U Review Memo: colorado Division of water Resources Jury 26,2004vReview Merno: colorado Division of water Resources August 9. zoo4w
x
Y
%*6^ - .& b,i a-r'a-** pz.z, 4 q ?zE /r;4 a.-**zf
4/5 cl,//t"f/ / {qtnya
d7,g,7, h"ilO*;:a/.fi. fr1 /a 'r/rz'" 'z? 4(
Pt fuk ,/* tr /"-b-*r* ,/,e//fz.ft^ f,@(^/./ /Ab ffi ,/f r''-,.1-*;n +*{; /,8, /rtr /L'' /44 -r'l^ z47oz*zz^4d/>
/'k/L a44
il"L,{rr,^" {hz. ;fb/.42ry44 fuf/a 4
flu,lr//az z4)6. 4/6rb1 ,24 -/^-{,r1--,, y'-f o?1^^€/eraz.@ ^,fr7.-4ftfl-c.
lnyfu /l ,h.,--t 4ra h,a,-
*
M
fUcfurn* ,ku %- en*-#.M/^,o-
% % fr"/* 4/?.,-/ z/ea*,.-,
fi-(g<a ; 6n<t^,//^ zLZ,-lZa4>
4 y'a4n /rr^a a"'*/ 'z/c{aazt4-{.4/L-.- ' .O* 2- /h*^ rfiqcfo-a-
/+y / ,/yr
/
*>,rt*y'/zaz
Zaz4.
REQUEST
PROPERTY OWNER
APP,LICANT
LOCIATION
SITT] SIZE
WAl]ER
SEWER
EXISITING ZONING
SUROUNDING ZONING
BOCC 8t2t04 JWH
(Continued from Previous meeting) BOCC 8ll7l04 JWH
PROJECT INFORMATION AND STAFF COMMENTS
To build 9 Two (2) separate buildings for central operations
of gas and oil related development companies as a Special
Use Permit of storage of oil and gas drilling equipment,
storage, or material handling of natural resources.
Robert T.Lazier
Jimmy Sills
Approximately I mile south of the Garfield County Airport
on County Road 319 and Grass Mesa Road
38.18 acres
Central Water System
ISDS
A/R/RD
A/R/RD
View A: to the north of the proposal View B: to the south of the proposal
\
A
I
I
,'/
V
0
!
g\
\\t\
\\
\
/
/'nCo*
I. APPLICATION IIISTORY
The Zoning Resolution of 1978 as Amended provides the Board with the option of referring
Special Use Permits to the Planning Commission for their recommendation in a public hearing as
per Section 9.03 of the ZoningResolution of 1978, as amended. On July 12,2004, the BOCC
chose not to refer this request to the Planning Commission for recommendation.
New StaffComment (8/17104): Subsequently, it was determined by the BOCC at the August 2,
2004 regular meeting of that body essential information was missing therefore the applicant
consented to a continuation of the Public Hearing to be heard on August 17,2OO4 for evaluation
of new information to determine conformance of the proposed use.
TI. DESCRIPTION OF THE PROPOSAL
Generally, the Applicant proposes to build and operate or lease nine(9) two (2) separate buildings of
approximately 1,500 to 10,000 sq. ft. for oil and gas industry companies in and near the Grass Mesa
Area and by code, allowing storage of oil and gas drilling equipment, storage, or material handling of
natural resources. The use would include storage of oil and gas industry related vehicles of various
size, arepair shop and maintenance facilities, warehouse, and office facilities for 14-20 employees on
2 acre building envelopes for each of the nine two buildings. Hours of operation are proposed to be
24 hours although operations that would generate excessive noise will be limited to 8 am to 6pm
Monday through Friday.
New StaffComment (8i17104): Although the applicant's representative, Jimmy Sills, has submitted
a technically complete package to the Building and Planning Department there is an absence ofo'Wnoclearimpactmiti n adi
reening and lack which to this consequently, staff
again applied a recommend this proposed request.
III.SITE DESCRIPTION
The topography of most of the 38t asls site generally slopes toward County Road 3 19, is composed
geologically of loess wind blown soils, and is covered with sagebrush and pinion and juniperi...r.
The adjacent land uses are considered to be medium to heavy intensity industrial uses and proposed
single family residential while other nearby uses includes relatively large properties coniisting of
a.
b.
c.
d.
grazing and pastureland and BLM land. All of the property surrounding the subject site is privately
owned. There are various observed wildlife habitats nearby to the property. All ofthe land within the
permit boundary and surounding areas are not within the 100-year flood plain but can experience
intense storm events that may transport massive amounts of geologic debris.
TV REFERRALS
Staffreferred the application out to the following review agencies and or County Departments:
City of Rifle:
Rifle Fire Protection District
Colorado Division of Wildlife
Colorado Dept. of Public Health & Environment
e. Colorado Division of Water Resources
f. Colorado Geological Suruey
g. Bureau of Land Management
h. Garfield County Road & Bridge Department:
i. Garfield County Vegetation Managementj Gar{ield County Oil and Gas Auditor
k. Garfield County Attorney
l. Gar{ield County Engineer, Chris Hale/lVlt. Cross Eng.
No comments received
(Exhibit G)
No comments received
No comments received
No comments received
(Exhibit II)
No comments received
(f,xhibit I)
(Exhibit J)
No comments received
No comments received
(Exhibit K)
New information recieved since the continuance from the August 2,2OO4 BOCC below;
m. City of Rifle: @xhibit O)n. Items for use within the SUP, from Jimmy Sills (Exhibit p)
o. SUP uses and Legal split discussion letter, Tim Thurson (Exhibit e)p. Traffic Study, High Country Engineering (Exhibit R)q. Colorado Division of Wildlife (Exhibit S)r. Rifle Fire Protection District (re-review) (f,xhibit T)s. Review Memo: Division of water Resources luly 26,2004 (Exhibit u)t. Review Memo: Division of water Resources Aug.2,2004 (Exhibit v)
map Ou,
: The proBefiy lips within Study
the prexint desig/ation on the
3andisd the p
s land
Objectives,policies that to the pro
,/ a. Goals
the long-term industial development of a
the County the human resources, natural
capabilitiesrif the community, and which further
recogni4es addresses the social impacts of industrial uses.
in this location is consistent with the Plan asindustrial
are other lig ustrial uses in thd area, although the social impact ofthis proposal does
Additionally,impact of the on the environment has not been
3ll=ll!.
as the
not submitted si c information discussing the This
Staff has received informati that specifically
discusses this i re no change in the ion as noted is warranted at
this time.
b. Ohiectives
2 To ensure commercial and htrial developments
during the plan rql,
compatible with adjacent land
uses and impacts idenfi,process.
is located in ru hd partially developed areas ofthe Counry
rangeland. There is no significant single-ch is mainly used other industrial
nce in the area other a proposed 20+-lot single-family dwelling unit
subdivision, wly this proposal surround on 2 sides and be within immediate
proximity.
N Staff has received no new i 'specifically
base for
rysical
this issue; therefore
///
change in the determination as
4.3 Encourage the location of industrial development in
infrastru cture imp acts are reduc ed
warranted at
noise, airqualig, and
the use.
to the ilding permit
Staff Response: The level of impact surrounding environment and built and
proposed develofment is unable to etermined at thi due to the lack oli
from the applicdnt. The Appli ld use but has proposed an
of berms, tree6, and other vg:i landscaping co nents to fully
Additionally,'The Appli
phase, whicfi is unaga{1
\t/
further proposes to
This item has
New Staff Comment (8/17104): Staff has
4
from the
r this
been
The
where
exhibits to this detailing types ofuses and materials stored
iew do not to have ial of violating this however the
use is still not a point of discu item. This item
6 Ensure,type, size,scope of i,and are consislentwith
the objectives the county.
proposed use map this property as Oqlying
and there few Residential iil ttre
the ily dwelling units
to this or the 3l 'corridor would \e/adv er sely
', as stated ier, the has not lly discussed t\zlmpact of proposed
fed is
upon.
the
NOT met.
Staff
discusses fore no full
at this ti plicant has i
with ofrepair and
allowed iday, 8am to 6 pm.
Thd site is divided by
ay'reparcel SUP is
ave il ly su land by
than 35 T are shown on
the although the
Pon/lons as parcel of
App includes
is now portion
the SUP
impact that t${proposal i to the
that spec
above is
'a day fog
however at this time is still part of a77-
y 38+/- acres. Also, the appears to
deed with at each less
ng as the northern the
land from
the county the and
prove)right to i cR 319 i
NOT met.
Staffffis received new i that discusses
still show how this
hern portion of
nds description the plan ibes the two
to Garfield nty by w deed in
the h and south
l9l
deed
conveyed
the
to Sills
this i the
which may
area. This item
CR 319 to
determination from above modified. I
be met,the
The
2 acre
vicinity it is
VL
no new
;e in
ant of 24
to be only and,t6 be
contiguity
6Lq
VII. ZONING RESOLUTION REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of the ZorungResolution. In addition,
the proposed use, due to its industrial nature, shall also be required to address the industrial
performance standards in 5.03.07 and 5.03.098 of the ZorungResolution. Staffpresents these
review standards below followed by a response.
A. Section 5.03 Review Standards
StaffResnonse: The Applicant has not demonstrated the ability to provide required water
rights that would adequately serve the proposed use. As stated in the July 22,2004 from
chris Hale ofMountain cross Engineering, the county's consulting engineer: "
not permitted for the uses proposed. Also, the chart in the application from West Divideiloes sed. The water system proposed would need to bET
-
!comm e regulated and approved by the State..."
The application's description of the 319 water company states that is was created to
provide water service to not only the subject parcel but also a planned residential project
on the west side of CR 319, and "future developments that may occur within the 160-
parcel purchased by the LazierlSill Partnership in 1978." Therefore, adequate for water
provision for the 38 ac. SUP site may not available.
Also, the information included proposing commercial development is incomplete from
a fire protection water standpoint. The data in the application documents submitted bytheApplicantstatesthatfireprotectionwaterisavailable@
. This
item has NOT been met.
New StaffComment (8/17104): As stated above, the data in the supplemental application
documents submitted by the Applicant states that fire protection water is available and the
fire district has reviewed their proposal, however because there are lingering questions as
to the adequacy ofthe well and outstanding amendments needed to the water contract and
well permit, staff feels a re-review should be offered to the fire protection district with
realistic amounts of actual water service potential so a more clear determination can be
made concerning this issue. This item has NOT been met.
2)volume
use
Street to accommodate ry the
lplace
l) Ufilities adequate to provitl
standards aid annroied bv
or shall be conitiucted ii t
ryith
Staffhas impact :y,
as an exhib impact no
ofservice adju presumption ofthis
one-way trips buildings amended apdli
will be no si increase in traffic i cR 319, a
reviewed and validated by the County
met.
r for this p
3) Design ofthe proposed use is )undfrom adjacent uses
of land through installation of screenfences or landscape muterials on the periphery
of the lot und by location of intensively utilized areas, flccess points, lighting and signs
in such a manner as to protect established neighborhood characterl
Staff Resnonse: The use as proposed is expected to adversely impact adjacent uses as
there is no adequate provision in the application for the use of screen fences, or landscape
materials. The landscaping plan is mentioned in general terms, and it is stated that it will
be provided at too late a date for proper review by staffwhich circumvents review for this
phase for recommendation to the BOCC. Further, the Applicant has failed to fully
describe the proposed use so staffcannot properly ascertain the full impact of those uses
and as a result cannot provide any analysis of any proposed mitigation ofthose uses. This
item has NOT been met.
New Staff Comment (8/17104): Staffhas received new information from the applicant,
submitted as Exhibit N, Attachment H which discusses, for example, landscaping of
evergreens presumably every 90 feet along the property ROW, shrubs spaced at similar
intervals, and 3-4 foot irregularly shaped berms at 20-30 feet long with 5 foot fencing
placed upon this landform and within the storage area only. This attachment does not
detail on the included diagram and within the narrative where screening measures will
specifically be placed (as the storage area is not identified in relation to the sited buildings,
landscaping and ROW) and how they will effectively minimize the impact ofthe use. This
section requires "through installation of screen fences or landscape materials on the
periphery o.f the lot and by location of intensively utilized areas, access points, lighting
and signs in such a manner as to protect established neighborhood characler " and such
elements have been briefly introduced by the applicant but with no clear commitment to
meet the intent of the requirement of this section.
cbrfJto
f,atedty
bes74t
ffi%
the
d0$r
Staffwould suggest, with the consent of the Applicant, that a provision be placed upon
this item indicating that all physical requirements to meet this item be in place the full
length ofthe uses proposed and to extend from the proposed uses a specific distance to be
visually screened from the ROW. This item has NOT been met.
B. Section 5.03.07 Industrial Operation
tndustrial Operations, including extraction, processing, fabrication, industrial support facilities,
rnineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall
be permitted, provided:
1) The applicant for a permit for industrial operations shall prepare and submit to the
Planning Director ten (10) copies of an impact stutement on the proposed use describing
its location, scope, clesign and construction schedule, includiig an explanation of iis
operational characteristics. One (1) copy of the impact statement shall befiledwith the
County Commissioners by the Planning Director. The impact statement shall address
thefollowing:
a) Existing lawful use of water through depletion or pollution of surfoce run-ffi
stream flow or ground water;
StaffResponse: The Applicant has indicated that as a result of cleaning and washing of
vehicles used in the extraction of materials, any liquids and washed materials in this
process shall be required to be sealed in a container and removed from the property. No
water not normally allowed to be discharged into a residential septic system will be
allowed.
The Applicant has failed to describe and the mitigation features and locations that will be
applied to this preventive measure such as lined wash pits, collection systems and
methods of removal and disposal. This item has NOT been met.
New Staff Comment (8/17104): As stated above, the data in the supplemental
application documents submitted by the Applicant states that fire protection water is
available and the fire district has reviewed their proposal, however because there are
lingering questions as to the adequacy ofthe well and outstanding amendments needed
to the water contract and well permit, stafffeels a re-review should be offered to thefire
protection district with realistic amounts of actual water service potential so a more
clear determination can be made concerning this issue. This item has NOT been met.
adjacent the generation of smoke, noise, glare or
or other
item HAS been met.
t@nd domestic animals through the creation of hazarflous
ottroctions, alteration of exisfing native vegetation, blockade of migration routes, use
: Staffhas fromtfi6 applicant,
attached to this ing types ofuses and materials
do not appear to ofviolating this section. This
patterns or other disruptions;
StaffResponse: The applicant states that an extensive wildlife and vegetation report
was provided in a previous separate though related application proposal and not in this
application as required. Additionally,
preposeMstaffcan properly ascertain the full impact of the uses proposed. This
item has NOT been met.
New Staff Comment (8/17104): the Applicant has not submitted a vegetation report
for this area, and has only referenced the vegetation report for Mamm Creek Commons
Sketch plan which may have different constraints and issues, thus it is inappropriate to
review vegetation and ecologic areas which are adjacent and similar though ultimately
different. This item has NOT been met.
show of truck and trafficto and.
ancl their impacts in the County;
Staffhas
this 6port as an ch indicates t ADT and of service
. The and co submittal
trips for ildings amended int'{catingthere
ill be no signi increase in trafiic i ing CR 319, a that has been
reviewed and by the County Engineer for this
met.
such usefrom abutting whichmight
proposed use(t
Uil't'P
IS
stored which
impact
shall
uses,
and upon of thKi
at Building both of
esoasto future impact
t-for all of the_
Section 5.03.08
has
and upon
in the
of operations ished to
StafffpeIs that the
uses as far baCk from
uses. This item HAS
tfor the
that the
sense. At
the effect of
tto
materials
has few
specific
2)
uses on adjacent uses both future,the impacts i
5.03 08. This i
Permits may b^e grantedfor those uses with provisions that provide adequate mitigation
for thefollowing:
b) The -County CoyTnissiongls may require security before a permit for special or
conditional use-is issltel, rf ryquired The applicant siallfurnish evitlenciof abank
commitment of credit, bond, certified check or other secirity deemed accelitable by
the County Commissioners in the amount culculated bv the-County Commissioners
to secure the execution of the site rehabilitation plan ii workmanlike manner andin
accordance with the specifications and construition schedule established or approvetl
by the -C-orlnty Commissioners. Such commitments, bonds or check shall be payable
to and held by the County Commissioners;
Staff Resnonse: The Applicant has failed to fully describe the proposed use so staff
cannot properly ascertain the full impact ofthose uses and as a result cannot provide any
analysis of any proposed mitigation of those uses. This item has NOT been met.
New Staff Comment (8/17104): the Applicant has not submitted a vegetation report
for this area, and has only referenced the vegetation report for Mamm Creek Commons
Sketch plan which may have different constraints and issues, thus it is inappropriate to
review vegetation and ecologic areas which are adjacent and similar though ultimately
different.
Also, the County consulting Engineer has noted "The preparation of the engineered plans
would also provide a better means for estimating the costs for a reasonable security foi site
lh
l0
lists
rehabilitation as mentioned in Sections 5.03.07(2)(A) and Sections 5.03.07(2XB). Otherwise, for
erosion conffol and revegetation of the SUP site an estimate of $2,500 per site for 9 sites, $22,500
could be used for site rehabilitation. This estimate has not been verified bv the Garfield Countv
Vegetation Management Department.
This item has NOT been met.
c) Impacts set forth in the impact statement and compliunce with the standartls
contained in Section 5.03.08 of this Resolution.
StaffResponse:Section 5.03.08 Below.
with upplicable County, State, and
pollution and shall not be conductedin a
Operations shall be conducted in such a
glare and odor and all undesirable
of the property inwhich 'are located,
in accord
1) Vt comply with the in the Colorado
new applicution is
has received information from the applicant,
en
submitted is
stored which
to this report iling types of uses and materials
appear to have of violating this section This
use shall be so thatthe ground inherently
is not without int of any
on 'use is located;
ived new
report detailing
t
2) Wbration
and
bou,
is several exhibits
fed which upon review do
item HAS been met.
to have potential of
and
State and
': ever! use shall be operated so as to comply
quality lm,os,
failed to tully
standards;
the use so staff
pact ofthose and as a cannot provide any
of those This item OT been met.
applicant,
cannot
analysis any
'aircraft
Staff
several exhibits this report detailing ofus6s and
upon review do not Ippear to have potential of irfg this section.
radiation and use shall be so operated that it does
radiation or s ub st a nti ally i nt erfer e,existing
or a public nuisance Fhrtng of
reflective of tanks, qf other such
may be ired by law,safety or air measures
(B)
may
such
'from this provision;
The Applicant has use so
in the tull i oft and as a
ofany mitigation those
taff received new i the
several exhibits this report detai uses and
upon review do to have potential -olating this section.
sanitary landJill and waste disposnl areas : (A97-1 12)
mable or explosive solids or
and laws and shall ccimply w the national, state and local fire
shall be in accordance with
and reco the appropriate local
ndi regarding with t appropriate codes; (A97 -
Applicant has
be no "on-storage of Di gasoline other
other than used in small bays i to
equrpment.ys are shall inside facility
all solvents used in disposed,off-site by licensed
ion of the County all outdoor facilities
to be enclosed by
t2
from adjacent
ng or wall adequ to
new
New Staff Comment (8/17104): The Applicant has not indicated in the
newest submittal of information whether the "equipment needed to be stored
and warehoused on site" will be inside or outside. If any outside storage will
occur, staffsuggests to the Board elect to require the option ofthis section to
mitigate the visual impact of this portion of the proposed use.
$ttu!
Ttfl
(6) tv'r
(C) No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred offthe property by any reasonably foreseeable
natural causes or forces; (A97-112)
New StaffComment (8/17104): The Applicant shall provide a site plan for all
specific uses at the time of Building Permit and shall not violate the intent of
this section by allowing any storage outside of designated and approved
- fenced or internal storage and warehouse areas.
/ (D) Storage of-He.ary E-quipment will only be allowed subject to (A) and (C) above and the( follou'ing standards: (A97-112)
l. The minimum lot size is five (5) acres and is not a platted subdivision.
2.Tle equipment storage area is not placed any closer than 300 ft. from any existing
residential dwelling.
i 4ll.equrpmen! storage will be enclosed in an area with screening at least eight (8)
feet in height and obscured from view at tle same elevation or lorve'r.
Screening may include berming, landscaping, sight obscuring fencing or a combination
of anv ofthes-e methods.
4. Any repair and maintenance activity requinnq the use ofequiomentthatwill ssnerale
noise, odors or glare.beyond the property bbundlries will be cimilucted wi*un abuilding
or outdoors during the hours of 8 a.-m. tb 6 p.m.. Mon.-Fri.
5. r:oading and unloading Q{vehicles shall be conducted on private property and may
not be conducted on any public righrof-way.
(E) Anv storage area for uses not associated with natural resources shall not exceed ten (10)
icies iri size. (.lez-t tz;
(F)rrage area shall be pointed
to prevent direct reflection on a
and inrvard to the
(Ae7-ttz)
which potential 'exist, it be necessary to install
6f the hotection Agenqt
has received y)rf the app
uses and ma sexhibitsto this report
with the
may begin.
is
stored which review do appear to have
nformation
this sectio lThis
pollution:
Ary ligl
rty center
All percolation tests or ground water resource tests as may be required by local or
State Health Officers must be met before operation of the facilities may begin.
VilI. SUGGESTEDFINDINGS
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
That the hearing before the Board of County Commissioners was extensive and complete and
that all interested parties were heard at that meeting; and all pertinent facts, matters and issues
(other than sound levels of the proposed use) were submitted prior at the meeting.
That for the above stated and other reasons, the proposed Special Use Permit is NOT in the
best interest of the health safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
Plan of 2000.
Thatthe is NOT in
{and
5. That the application is NOT in conformance with the Garfield County ZonngResolution of
1978, as Amended.
Ix. sTAx'F RECOMMENDATTON
Staffrecommends DENIAL, for the following reasons:
2.
aJ.
theThat
visnal; neise; air qndity; and ir$astruettre inrpaet,
f Ja^rzt^tr.n 14
I
ion is
2.
and
pff*%
of tl
The
lrr,fn, /qa- lLh /"ft/ M /a 7 7 N o, d"^/? z '
tuc;/(L'[o-,,- 3o ru2 4 @a+*r
L
40-Ie
I A"D
Exhibits for Robert T. Lazier SUP Public
,rt/ ,
t@i:',/rou('"
Cdxl
Hearing held on August{/,2004
C^l ;,9
kn 4o
/
@t,
*- Nfu hf,% /z/rtlrtttn'b'^t, rry *i { -
U,r"hp*_" ^/h<-Terr:- ( rl . fu% ?r*,ffiWariak-al"d6w @s"ot)
/o* h k '(ofub W'lL <,ot/r,r*t, l'{WLfu,u
Proof of Publication *
Garfield Zonins,Rezulations of 1978. as amended
Garfield nsive Plan of 2000
Review Memo: Rifle Fire Protection District
Review Memo: Colorado ical
Review Memo: Garfield Cou Road & B ment
Review Memo: Garfield Cou
Review Memo. Garfield County Engineer. Chris Hale of Mt. Cross Engineeri
Packet From Scarrow (received at 812104
Packet for Commissioners lrom Applicant (received at 812104 meeti
Packet for Stafffrom received at 812104 meeti
Review Memo: City of Rifle
Items for use within the S[IP, from Ji Sills
SUP uses and lit discussion letter" Tim Thulson
Traffic St Hi
Review Memo: Colorado Division of Wildlife
Review Memo. Rifle Fire Protection District (re-review
Review Memo: Colorado Division of Water Resources July 26,2004
Review Memo: Colorado Division of Water Resources Ausust 9.2004
,i, ld#J C'*Lrr-4
,ll
7
Exhibit Letter
(AtoZl
Exhibit 4(V
A Mail Receipts :rx 9( {a
B
C
D *
E Application )
F StaffMemorandum
G *
H
I
J
K
L
M
N
o
P
o
R
s
T
U
v
w
x
--l X . t/Z'
l,a-Lr {,t
t ,.,
{1
"l!1,
itrr,
t;
t
'\\r\r
L TT
q
.i' \
\
i
I
t*t
Y
Rrrle Flne PnorecnoN DsrnlcT
i-
Garfietd Cowrty Building and Planning
Attention : Jim Handcastle
108 8" streer, Suire 2ol
Gleawood Springs, Colorado 81601
Reference : Robert T. Lazier Commorcial Properties
Telephone (970) ti25-1243
1850 Railroad A'renue .
. Fax (970) 625-2963
Ritle, Coiorado 81650
W]
Mr. Hardcastle, l
As we had discussed via cmail; the infonnation irrcluded for the revigry pf the Lazier
Property on Mamrn Creek that proposes commercial development is lncomplcte &om a
fire prorec(ionqater stapdpoint The data in flre packet states tbal fire piotectiqn water is
available and that it will be provided, however it does not include the design of the
I met with lt{r. Sills andHigh Cormtry Enginccring lastWcdncsday to discuss these
. issues. They were informed of minimum standards and have agreed to design the system
to meet those minirirum standards for submittal. At that time I will be able to provrde
commearts on the adeqrncy of the design of the development.
'
Thank you and feel frec to contact mc if I can be of frrthet assislance-
RECEIVED
JUL 2 7 2004
,9..fmiT-ort?rr#JJ
Chief
Deportment of Noturol Resources
1JlJ Shermon Street, Room 7]5
Denver, Colorodo 8020J
rnone (30J) 866-261 l
FAX (303) 866-2461
cA-05-0001
Legal: SW%SE%, Sec. 23, T6S, R93W,66 PM
July 14,2004
IvIr. Jim Hardcastle
Garfie.ld County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: The 319 Properties Special Use Permit (sUP) geologic hazards review
Dear Mr. Hardcastle:
Bill Owens
Covernor
DEPARTMENTOF
NATURAL
RESOURCES
Russell George
Executive Director
Ronold lI. Cottony
Division Director
Vincent Motthews
Stote Geoloqist
Thartk you for the SUP submittal. At your request the Colorado Geological Survey (CGS) has
provided a technical review of the special use development plan with regard to potential geologic
hazards and geologic conditions that may impact the proposed land use. Included with your submittal
was a bound book of application documents and a SUP application plan that shows the layouts of the
various sites or lots. The proposed land use is for industrial puqposes. Neither a geologic hazards nor
geotechnical report was included in the application documents. The CGS conducted a site inspection of
the property on July 14,2004- Please consider our observations and land-use recommendations as you
consider this SUP application.
The site lies on both side of Garfield Country Road 319 about one mile south of Garfield County
Airport. The site also lies where the Dry Creek Wash roughly parallels the road, crossing it in the
southern portion of the property. Geologic mapping of the area shows the Dry Creek wash area to be
fiiled with sheet wash sediments and wind-blown ioess. Field verification indicated that the
development sites are underlain by'relatively thick deposits of fine-grained alluviums from the creek and
wind-blown dust that have been eroded by the Dry Creek ilroyo.
These types of soils can be potentially problematic for structures that are founded on them. Dry,
low-ciensity soils derived from rnud-flows and wind-biown souroes cail be highly susceptible to erosion,
hydrocompactiorq long-term settlement, and dispersiveness (prorre to piping-type erosion). All these
scil properties could manifest themselves as grounC settlement and soil collapse if bearing soil becorne
wetted or satwated, or water is allowed to drain on the surface into subsurface voids.
Further geotechnical investigations are essential to design arry foundations that are contemplated
for this area. Those investigations should include certain soil index testing (moisture content, density,
and swell-consolidation testing) so that the degree of potential hydrocompaction can be assessed.
Grading and proper drainage will also be very important. Care should be made that sorm drainage does
The 319 properties SUP, Fage 'i
,? / J -r(
not simply course over the side of the arroyo. Piping could occur if allowed to do so, which could result
is subsidence voids, deep ground fissures and spontaneous openings referred to as pseudo-karst
landforms. Such occurrences are common where culverts cross County roads in the area and are
difficult to control once they occur. Such landforms were noted at this property where fissures, voids,
and holes have formed near the gully edge. To help prevent potential foundation settlement, positive
grades must be established from the foundation backfill so that water will not collect at the forurdation
walls. Roofs should have rain gutter equipped with downspout extenders so water is not allowed to flovr
next to foundations. Proposed sites 5 and 6 are the closest to the steep arroyo and may be most
susceptible to possible ground fissures and voids impacting the structure if proper storm water
management is not done.
Other than the water-sensitive soils, we find no other geologic hazard or condition that will
appreciably impact this site. Further investigations are warranted for proper foundation design and to
determine feasibility of ISDS. If you have any questions, please contact this office at (303) 866-3551 or
e-mail : jonathan.white@state. co.us
Sincerely,
Jonathan L. White
Senior Engineering Geologist
The 319 properties SUP, Page 2
GARFIELD COLINTY
Building & Planning DePortment
Review Agency Form
Date Sent: IloJy 2,2004
Comments Due: JulY 2312004
Name of applicatio n:Lazier Special Use Permit
Sent to: Garfield County Road and Bridge Dept.
Garfield County requests your comment in review of this project. Please noti8/ the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Jim Hardcastle
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-3 84-3470
Phone: 970-945-8212
General Comments; Garfield County Road and Bridge Department has no objection to
a sign stating trucks turning placed on Cr. 319 north of the Grass Mesa entrance facin9
the south bound traffic lane. There will be no. need to place a sign in the-north bound
traffic lane of Cr. 319 as the existing sign for the Dalbo truck storage lot will cover the
new entrances. ThiS sign. post and installation will be as required in the MUTCD (
Manual on Uniform Traffic Control Devices)
Name of review agency: Garfield County Road and Bridge Dept
JakeB. Mall Datelul:r7-2004By:
Revised 3/30/00
.t 'i J -rr
MEMORANDUM
To:
From:
Re:
Jim Hardcastle
Steve Anthony
Comments on the Lazler SUP
Thanks for the opportunity to comment on this permit.
My comments are as follows:
l. Vegetation
The applicant states that an extensive wildlife and vegetation report was provided to the County in
the Mamm Creel Commons preliminary plat application. A vegetation report should be included
with this application.
2. Landscaping
The landscaping plan is mentioned in general terms, and it is stated that it will be provided to the
Commissioneriut tfr"ir August meetin-g. This seems to circumvent staffreview and it would
seem to be more efficient to have the Plan prior to the Commissioner's meeting.
-4../-,Z-jL\//J/r \\w MOUNTAIN CROSS
ENGINEERING; INC.
Ctvrr- lHo Euvrnoru,r.trltel CoNsulrtruc nro DrstcN
Properties
Dear Jim:
tr have performed a review of the documents provided for the Special Use Permit (SUP) of the 319
Propei'iies. I havc ilie foililrving coli'irncliis, qucs'.ions, or concerns:
o The well is not pbrmitted for the uses proposed. Also, the chart from West Divide does not account
for the uses proposed. The water system proposed would need to bp a Cornmunity system that would
need to be regulated and approved by the State. These items take time and effort to resolve.
Therefore, it is recommended that the water system be in place and operational prior to issuance of
the SUP. Section 5.03(l) appears to support this.
r Section 5,03(1) requires that sanitation services be provided. Since individual sewage disposal
systems are proposed, engineering convention would dictate that as a condition of approval, each
building site should have an engineered sewage disposal system.
o The applicant has provided the existing Average Daily Tiaffic counts for various county roads
including County Road #319 West Mamm Creek Road. However Section 5.03.07(D) speaks t9 the- increased traffic that is anticipated from the proposed Special Use and these impacts-have not been
adequately addressed. A study assessing the increased traffic and the associated imppcts should be
p'o,id"d.-Section.5.03(2)appearstosupportthis'
o After review of the letter dated July L4,2OO4 submitted by the Colorado Geologic Surv'ey concerning
the SUP review for the site, an engineered stormwater management plan, drainage plan, erosion
control plan, and a site specific soils study should be performed for each building site.
o The preparation of the above engineered plans would also provide a better means for estimating the
costs for a reasonable security for site rehabilitation as mentioned in Sections 5.03.p7(2)(A) and
Seitions 5.03.07(2XB). Otherwise, for erosion control and revegetation of the SUP site an estimate
of $2,500 per site foi 9 rit.., $22,500 could be used for site rehabilitation.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Inc.
RECEEVffiffi
GARFIEi'D []()UNTY
g1.!iLbING & PLANNING
'.
\rr. jilfardcastle ''
Garfield. County f lannin$
108 8th Sffeet, Suite 201
Glenwood Springs, CO 81601
RE: Review of Special Use Permit for the 319
rr- I \ t
8261/2 Crand Avenue . Glenwood Springs,rCO 81601
Jim Hardcastle
From:
Sent:
To:
Subject:
Matt Sturgeon [msturgeon@rifleco.org]
Tuesday, July 27,2004 8:14 PM
Jim Hardcastle
Lazier SUP - CR 319
The Rifle planning Commission requested staffforwardP&Z's support for the application. The Planning
Commission found the use appropriate at this location and supported moving the gas subcontractors closer to the
gas fields. They also wished io .orr"y that the application should be approved with conditions requiring the
ipplicant and future users to comply with the use specifications outlined in Section 2, pages 3 &, 4, of the Special
Use Permit application.
Thank you for the opportunity to comment.
Matt Sturgeon, Director
Planning & Development
City of Rifle
202 Railroad Ave
Rifle, CO 81650
JIMMY SILLS
4{105 E?rr 6 &u
GLENWOOD SPRINGS, Ct). tr6ol
PEONE yrt. w- 95'.1
FAX E7fi. 9{1.9231
EMAILlc3l@
Arryu$ 9,ZgO4
Mr- Jim Hadcasde
ffidd Cormty Building & Planning Departnent
10s se sffit, Suitc 20I
Glenwood Sfingsr Colora& 8t601
Re: LAUERSPECIAL USE PERMIT
REQIIESTET) USES
DearJim,
The Garfield Cormry Zuub1Resolution of l9Itsidicdes fu special rses that may bc
reqtrested for properties zoned AIR/RD- Section 3-V2-A3 of the Resolrtrion idmtifies the
following uses whictr rypt)'to orr ryplic*ion mdrcquesE
l.'Storarc
2-Store* of fcrvf cauiond
3-storreG of, oil end grs drilIiils coEinment
Seetion 2-ff2-31(4) of the Restution defu sfior€B G *act of sfio@ tr state of beins
store4 specifically, tk safe keepiry of goods fu a urarehouse m &r depositorJf,
exmples imlu& 1roducts rnd open storagg of mineral storage piles of gravel, ore md
shale;
The rytir:dion f6 this Special Use Psmit is comisfeut vrith this &finition- It is
absohfely itrfipoedble to know evef,y boltad rrrf that may be sfored on the propsty md
an mremlraible rcryesfi in my opinion- Itwould ffiem a betr€rwayto addrressthis lrculd
be to idffifiify items Sat mot be stred- Hazrdors materials for examph are not
allowed ad tb pxpose of th Inftxftial Perfomauce fudads and the Indmial
Operatioffi Impact Statmt of the rylic*im pmvifu fu effiol of u,k $@Id be
tlrc items ofconcern.
In m atlempt to provide the ffimation requesteAec fo[owing itemsmaybe sGoredm
the propufy:
Pipe a"d fittings rpto 16 inch in size
Vatves rry to 16 inci in size
BIJ;J"* of mnY sizes even ffiic
Frac samd
Lo$ circulation material
Wellheads
Dritling mud
Drillingfoam
DriII pipe
Casiry
Equip,ment filters
Gaskets
Gasket sealant
Pipe doPe
WIHO
Ducttap€
Electrical aPe
Miscellaneous sryplies ircluding wiro' wirenrfrs' etc'
what I think we arB missing ia considering this applicatig-P]:,ract Qat tne
tuelrynt of o*ral rcsources *;;r,*Jd .fiiar so. MSDS (Materia, saf€tv
Dara She"1*) inform*ion is required i";A chemicals, er, ;16,ae used in th€ id6.y'
I have not found a definition h the rcgutdiotrs for storage of hcevy eguipment but it
woutd seemthis *ould include:
Bd&oes
Trackhoes
Motor graders
D,ozers
Skid steqs
Sexnitnrcks
Semi trailers
DumP tnrcks
Tnrcks rated over I ton
Ditching machines
Hydro testing uuits
Watertnrcks aod t nks
WaterPumps
Generators
ComPressors
Welders
The thfud item allowed and rerymed is for tk storegc of oil etrd Es drik
equftlment The following is a lis* for these items:
Drill bits
Shkers
Screens
Work over rigs
p12g fenks
Aminrmits
Separators
f'srm iqiector units
Xraymits
Frac hoods
Wire line units
Mtrd t-nks
Misellmeors had tools d &illing equipne,nt
HopefuIly this informaion addresses your mnoerns-
Jimmy Sills
,il;a'
EDWARD MULHALL, JR.
Scor-T BaLcoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
DAvtD C. HALLFORD
CHRISTOPHER L. COYLE
THoMAs J. HARTERT
CHRTSToPHER L. GEIGER
ANNE MARIE MCPHEE
DEBoRAH DA.vls *
SARA M. DUNN
* Auso ovtmo ro P*crrcE rN
Nil YoRK aNo MlssouRl
BAl,coMB & GnnPx, P.C.
ATTORNEYS AT IJA.W
. P.O. DRAWER 79O
818 COLoRADo Aa'ENI-IE
GIJENaVOOD SPRTNGS' COI,ORADO 81602
TELEPIIoNE: 97O.945'6546
FACSTMTLE: 97O.945.89O2
w1^rw.TIAI-COI\,BG REEN. CO1\I
August 9,2004
oF CoUNSEL:
KENNETH BALCOMB
JoHN A. THULSON
]im Hardcastle
Garfield County Building and Planning
108 Bd^ St., Ste. 201
Glenwood Springs, CO 81601
Re: Application for Special Use Permit by Robert T. LazierlPtopetty
Located Along County Road SlglGatfield County Colorado
Dear Jim:
As you are aware at its hearing of August 4,2004on the above entitled
application, the Board of County Commissioners continued its consideration of the
ru*. for the fiting by Applicant of additional information clarifying the nature and
extent of uses. eaaitionatty, Carollm Dalgren and yourself have raised a number of
concerns regarding the status of the ownership/title of the subject property. The
following is submitted in lesPonse to both of the above concerns.
1. Number of Sites Requested:
As presently constituted the application identifies nine (9) potential building sites.
As explained at hearing, Applicant has immediate plans for the development of only
two (2) potential sites-those identified as Sites 2 and 3. The additional seven (7) sites
were idlntified as a product of Applicant's misunderstanding that all potential sites
within the subject pioperty muslbe identified at this time. Defining at this time, the
nature and type oluses that market demand will gravitate toward these sites is quite
simply, an impossible task. It is a certainty that the uses requested in this application
willnot be broad enough to incorporate all such future demands.
In accordance with the above Applicant would narrow its present request to the
uses hereinbelow set forth as being applicable to Sites 2 and 3, solely' A11
representati.ons contained within the application to the seven (7) sites, excluding Sites 2
,t i |
,d
Ba:-coMB & Gnppx, P.C.
ATTORNEYS AT IIA.W
August 9,2004
Page2
and 3, would be limited for purposes herein to the maximum number of sites that could
possibly be developed for the subject property. As such, prior to the issuance to any
building permit for any site other than Sites 2 or 3, it would be incumbent upon the
Applicant to first obtain from the County ali required Special Use Permit Amendment
approvals necessary to accommodate each such individual use. Applicant understands
and agrees that under the present code this would entail public hearings before both the
Planning and Zoning Commissionl and the Board of County Commissioners. Applicant
is amenable to having such additional processing requirements specifically incorporated
as a condition in the present approval.
2. Regarding the Specific Operational Requirements:
Presently denominated "buildings for operations of gas development related
companies", Applicant would add the following specifications to the requested uses:
General Description of Use Contemplated-the storage and housing of oil and gas
drilling equipment for on-site delivery together with associated office facilities. Nt said
equipment will be provided to the individual drilling operators as applicable pursuant
to lease or sale order; provided however, no such sales or pick-ups shall be allowed at
the facility site. These uses will entail the following:
' The equipment needed to be stored and warehoused on-site will
include such things as shakers, degassers, center fuses, hoses, pipe, valves,
fittings, motor housings, and other parts specilic to standard oil and gas drilling
rigs. A more exhaustive list of its equipment is set forth in Jimmy Sills draft
coffespondence to you attached herewith as Exhibit A.
. There shall be no on-site storage of diesel, gasoline or other
hazardous substances other than those used in small solvent bays incident to the
cleaning of equipment. These bays shall be stored inside the facility buildings
and all solvents used therein disposed of off-site by duly licensed contractors.
' Each site could be staffed with up to four (4) persons constituting
office staff and up to 12 additional persons constituting the shop and service
technicians. A traffic study prepared by High Country Engineering analyzing
these impacts on a per building basis relative to the County Road 319 corridor is
provided herewith as Exhibit B.
. But for the minor cleaning of equipment above-referenced, there
lIf referred to Planning and Zoningby the BOCC.
y ) 1 .,
BALCoMB & GREEN, P.C.
ATTORNEYS AT IJAW
August 9,2004
Page 4
Deed is essentially a nullity (no right title or interest thereby remaining to be conveyed).
c. Warranty Deed from RobertT.Lazier to Dalbo, Inc. recorded in the records of
the Clerk and Recorder for Garfield County Colorado on May 30,2003 in Book 1.473 at
Page 53. This Warranty Deed conveys out of the original 160 acres titled in Robert T.
Lazier above described, approximately 35 acres to Dalbo, Inc. This parcel of property is
the subject of the prior Special Use Permit Approval issued by the Board of County
Commissioners under Resolution #2003-48.
d. Special Warranty Deed from Robert T. Lazier to Jimmy M. Sills recorded in the
records of the Clerk and Recorder for Garfield County Colorado on August 5, 2003 in
Book 1501 at Page 854. This Special Warranty Deed conveys out of the remaining 130
acres approximately 47 acres-which parcel was added into what is now known as the
Mamm Creek Commons property.
e. Mortgage Deed from Jimmy Sills to Robert T.Lazier recorded in the records of
the Clerk and Recorder for Garfield County Colorado on August 5,2003 in Book 1501 at
Page 856. This Mortgage Deed addresses the property conveyed pursuant to subsection
d above, is irrelevant to the present analysis. I have no idea why this was included in
the original application.
The above-described conveyances leave approximately €acres titled in Robert T.
Lazier out of which the 41.95 affes-constituting the subject property-has been taken.
That the 41..95 acres constituting the subject property is presently titled in the namegf
Robert T. Lazier is confirmed under the Commonwealth Title Commitment ,Ab.6'7 a
(commitm ent #0407054) provided herewith as Exhibit C. The remaining q+*{o!rr"s (831b
acres - 41..95 acres) will be transferred to the 319 Water Company-a Colorado limited
liability company-to avoid the application of the presently sought after Special Use
Permit Approval Conditions to this final remainder parcel. Applicant would consent to
the incorporation of this required transfer as a condition of permit approval.
Should you have any questions or concerns regarding any of the above, please
feel free to contact me at your convenience.
Very truly yours,
BALCOMB & GREEN, P.
,! . I !
IlAr,coMB & Gnppx, P.C.
ATTORNEYS AT I]Aw
August 9,2004
Page 3
shall be no fabrication operations conducted at either of the facilities.
' It is anticipated that the maximum number of bathrooms per site
would be 1. % bathrooms-the full bathroom containing one shower stall.
withzs00,-"'*'|"'"T",H'#,TI:15*:#1"1::;trtLTl;i,T3::"',i;:: j:fl ::1".
above set forth and exterior yard area for remaining site area less landscaping.
Each yard area will be fenced with up to an 8 foot chain link perimeter fence with
lighting appropriate for security purposes only.
. Office facility buildings will be of the same colors and of the same
grade of construction as those buildings presently located on the adjacent Dalbo
site.
' Each facility site shall be served by the utilities as previously
outlined in the application.
: ).__ffii::i,"":::il,*""::ffi;:;#"I."'
application.
3. Propertyflitle Status of Robert T. Lazier:
Relative to the status of Title to the subject property my comments are made in
reference to the Deeds contained within Tab 3 of the Application, to wit:
a Warranty Deed from Sills-Lazier Partnership to Robert T. Lazier recorded in the
records of the Clerk and Recorder for Garfield County Colorado on April 30,1992,in
Book 830 at Page396. Constituting the vesting deed, this document conveys to Robert
T . Lazier approximately 160 acres (S % of SE 1./4 of Section 23; N % of NE 1/4 of Section
26) of which the subject property is contained.
b. Quiiclaim Deed from Sills-Lazier Partnership and Robert T . Lazier and ]immy
M. Sills, individually and as general partners of the Sills-Lazier Partnership, to Robert T.
Lazier. This deed ostensibly coveys the same property as that described in subsection a.
above to Robert T.Lazier. It is my understanding that this Quitclaim Deed was filed to
convey any potential residual ownership interest held by the individual partners of the
Lazier-Sills partnership. Given that title to this property was originally invested in the
Lazier-Sills partnership under that Warranty Deed recorded in the records of the Clerk
and Recorder for Garfield County Colorado at Book 585 and Page 55, this Quitclaim
'a t ' ''
File No. 0407054
EXHIBIT'A"
LEGAL DESCRIPTION
A parcel of land situated in the S1/2SE1/4 of Section 23, and the N1/2NE 114 ofsection 26, Township 6 South,
Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, said parcel being more particularly
described as follows:
Beginning at the Northwest Corner of said 51/2SE1/4 of Section 23, also being the Center South 1/16 Corner
of said Section 23; thence.North 89"48'41" East along the North line of said 51i2SE1141410.51 feetto a point
on the Easterly right of way of County Road 319 as described in Book 79 at Page 588 of the Garfield County
Clerk and Recorders Office; thence leaving said Northerly line and along said Easterly line South 07"33'40'
West 77.09 feet; thence leaving said Easterly line North 89"48'41" East 181.65 feet; thence South 53"39'22"
East 287.93 feet; thence South 22'49'38" East 529.64 feet;thence South 50"34'21" West 209.20 feet;thence
South 07"21'30'West 31.71 feet; thence South 64"02'14u West 50.14 feet; thence North 76'13'47" West
36.49 feet; thence North 34"56'44" West 40.69 feet; thence North 25'05'03" West 207.5O feet; thence North
41"01'30'West 42,66 feet; thence South 0B'21'52" West 890.01 feet; thence South 89'39'50'West 320.95
feet to a point on the Easterly right of way line of said County Road; thence South 15'14'12" West along said
Easterly line 141.83 feet; thence leaving said Easterly line North 90'00'00" East 190.26 feet; thence South
00"29'34' East 598.79 feet; thence South 89"39'50" West 398.08 feet to a point on the Easterly right of way'
line of said County Road; thence South 25"24'26" West along said Easterly line 400.00 feet to a point on ther
South line of said N'1/2NE1i4 Section 26; thence leaving said Easterly line and along said South line Southr
Bg'39'50' West 748.04 feet to the Southwest Corner of said N1/2NE 114 also being the Center North Corner olf
said Section 26; thence North 01'07'22" West along the West line of said N1/2NE1/4 367.89 feet; thence
leaving said West line North 90'00'00' East 415.17 feet; thence North 45'19'38" East 851.97 feet; thence
North 90"00'00" East 46.32 feet to a point on the Westerly line of said County Road; thence North 15o14'12^'
East along said Westerly line 155.46 feet; thence continuing along said Westerly line North 10'03'25" East
152.34 feet; thence leaving said Westerly line North 90'00'00" West 152.34 feet;thence North 10"03'25" East
82.79 feet; thence North 08'21'52" East 697.63 feet; thence North 45"00'00" West 234.89 feet to a point ort
the centerline of a 60 foot easement as described in Book 594 at Page 886 of the Garfield County Clerk and
Recorders Office; thence North 66"56'40" East along said centerline 163.92 feet; thence leaving saicl
centerline North 00'01'00" East 364.95 feet; thence South 74'19'03'West 1143.00 feet to a point on ther
Westerly line of said S1/2SE1/4 Section 23; thence along said Westerly line North 00"05'00' East 315.34 feet.
EXCEPTING from the above described parcel, a 60 foot right of way being County Road 319 (Book 79 at
Page 588).
,r ,,
rt
File No. 0407054
SCHEDULE B. SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other
instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be
issued. Unless othenruise noted, all documents must be recorded to the office of the Clerk and Recorder of the bounty
in which said property is located.
1. Warranty deed from Robert T. Lazier vesting fee simple title in 319 Properties, LLC.
2. Deed of Trust from 319 Properties, LLC to the Public Trustee of Garfield County for the use of Weststar Bank.
3. Recordation of a Statement of Authority for 319 Properties, LLC, a , evidencing the existence of the entity and
authority of the person authorized to execute instruments conveying, encumbering or otherwise affecting tile to real
property on behalf of the entity, and containing the other information required by CRS gB-gO-172, evidencing the
existence of said entity prior to its acquisition of tifle to the land herein.
NM6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
File No. 0407054
SCHEDULE B. SECTION 2
Schedule B of the policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the company:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, and any facts, which a correct survey and
inspection of the premises would disclose, and which are not shown by the public records.
4. Any lien, or right io a lien, for services, labor or material heretofore or hereafter furnished, lmposed by law and not shown by
the public records.S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the
estate or interest or mortgage thereon covered by this commitment.
Any and all unpaid taxes,,assessments and unredeemed tax sales.
Any lien or charge on account of the inclusion of subject property in an improvement district.
Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
Reservation of one-half of all oil, gas, mineral and fissionable materials (sand and gravel shall not be construed as a mineral
interest) as described in Deed recorded September 24, 1973 in Book 450 at Page 41 and any interests therein or
assignments thereof.
Easement 60 feet in width for the purpose of ingress and egress over the subject property described in deed recorded March
18, 1982 in Book 594 at Page 886.
11. Terms and conditions of Oil and Gas Lease by and between Robert T. Lazier, as Lessor and Snyder Oil Corporation, as
Lessee, recorded March 16, 1994 in Book 895 at Page 732 and any and all interests therein or assignments thereof.
12. Rightof waygrantedtoSoutheastPiceancePipelineJointVentureininstrumentrecordedMay6,200l inBookl259atPage
66.
13. Terns and conditions of Surface and Damage Agreement recorded June 11,2001 in Book 1259 at Page 846 and recorded
April 1 5, 2002 in Book 'l 345 at Page 945.
Right of way granted to Encana Gathering Services in instrument recorded June 4, 2004 in Book 1594 at Page 7.
Terms and conditions of Water Allotment Contract by and between West Divide Water Conservancy District and 319 Water
Company, LLC as evidenced by Memorandum recorded May 20, 2004 in Book 1589 at Page 632.
16. Pending disbursement of the full proceeds of the loan secured by the Deed of Trust set forth under Schedule A hereof, this
policy insures only to the extent of the amount actually disbursed, but increases as each.disbursement is made in good faith
and without knowledge or constructive notice of any defects in, or objections to the title up to the face amount of the Policy.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR lN THE MORTGAGE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title lnsurance committed for in this Commitment, if any, shall contain, in addition to the ltems set forth in
Schedule B - Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining clairns; reservations or exceptions in
patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
American Land Title Association Commitment
ScheduleB-Section2
Form 1004-12
6.
7.
8.
9.
10.
14.
't5.
I
a
Commonwealth Title Company
of Garfield County, Inc.
127 E.Sth Street / P.O. Box 352
Rifle, CO 81650
Phone (970) 625-3300 lFax (920) G25-330s
803 Colorado Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444lFax (970) 94s-4449
Date: July 21,2004
To: Weststar'Bank
1620 Grand Avenue
Glenwood Springs, CO 81601Attn: Allan Collins / Kelly
Phone: 945-7477
Fax: 945-8185
RE: Robert T. Lazier I
Commitment
Title Policy
Endorsement
Tax Certificate
Other
Thank you for your order.
Enclosed please find the following
in connection with our File No. 0407054:
Copies Sent To:
V
"
a
t
'
t'
COMMITMENT FOR TITLE INSURANCE
Fite No. o4o7os4 SGHEDULE A
1. Effective Date: July 19, 2004 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA oWNER POLICY (ALTA 10-17-92)
Proposed lnsured:
(b) ALTA LOAN POLICY (10-17-92) $410.000.00
Proposed lnsured:
Weststar Bank, lts Successors and/or Assigns
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee
Simple and is at the effective date hereof vested in:
Robeft T. Lazier
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE GHARGES
Mortgagee's Policy $512.00
Tax Certificate
construction LoanRate
COUNTERSIGNED:
Authorized Officer or Agent
ig
Valid Only if Schedule B and Cover Are Attached
American Land Title Association lssuing Agent:
Schedule A Commonwealth Title Company of Garfield County, lnc.
(Rev'd 6-86) 127 Easl5th Street Rifle, CO 81650
@
Employee-Owned Company
t, t
a
Ctvtr- Er.IclNreRtNG
1517 Blake Avenue, Suite 101
Glenwood Springs, CO 81501
970.945.8676 phone
LAZIER SPECIAL USE PERMIT
TRAFFIC STI]DY
PREPARED FOR:
JIMIVTY SILLS
45705 Highway 6 &,24
Glenwood Springs, CO 81601
PREPARED BY:
HIGH COT]NTRY ENGINEERING, INC.
1517 BLAKE AVENUE, STE. 101
GLENWOOD SPRINGS, CO 81601
(e7o) e4s-8676
August 6,2004
LaNo SuRvryINc
14 Inverness Drive East, Suite F-120
Englewood, CO 80112
39i.?11'914ir!",.
HCE Job No. 2031046.00
I.
II.
m.
IV.
V
VI
V.
SECTION
DRAWiNGS:
INTRODUCTION
EXiSTING AND PROPOSED LAND USE
SiTE ACCESS
SLiRROLTNDING LAND USE
TRIP DISTRIBUTION
TRIP GENERATION
CONCLUSION
TABLE OF CONTENTS
FIGURE 1 - Vicinity Map (8.5" x 11")
FIGURE 2 - SITE PLAN (11" x 17")
PAGE
1
1
1
1
1
1
J
APPENDIX: A: Traffrc Distribution Tables
l-rL
J,l
SPECIAL USE PERMIT
TRAFFIC STUDY
INTRODUCTION
This traffrc study for the Lazier Special Use Permit associated with a proposed
Commercial Development located near Rifle, in Garfield County, Colorado. The
proposed development is iocated along County Road 319 near Grass Mesa Road. Please
reference Figure 1 for the vicinity map.
EXISTING AND PROPOSED LAND USES AND SITE ACCESS
The site is currently vacant and is not being used. The developer is proposing 9
commercial buildings, with 2 of the buildings to be constructed in Phase I. These
buildings access directly to County Road 3i9. Figure 2 shows the proposed site plan.
SURROUNDING LAND USE
The property west of this site consists of a proposedCluster Housing Development.
Adjacent to the site farther up Grass Mesa Road is another residential development
consisting of 72lots, currently with 68 residences.
TRIP DISTRIBUTION
The overall directional distribution of the site-generated traffic was based on the existing
travel patterns in the area and in consideration of trip attractions and productions in this
area. Another factor considered in the traffic distribution is that County Road 319
corurecting the site to Airport Road was under construction and one-way traffic only was
aliowed. Traffic distribution was based on a one-day traffic count taken at the
intersection of Grass Mesa Road and County Road 319 on July 22,2004. The reason for
the one-day traffic count was to determine a peak hour volume to compare to the
proposed generated volume. It was determined from the traffic count that the AM peak
hour occurred from 7:15 to 8: 1 5 having a total of 134 trips pass through the intersection.
The PM Peak hour occurred between 4:15 and 5:15 with 113 trips passing through the
intersection. The vast majority of the existing traffic is on County Road 319 with 86% of
the AM Peak passing through the intersection and staying on County Road 319 and 73Yo
of the PM Peak in this category. The remaining traffic is either tuming onto or offof
Grass Mesa Road. This information is tabulated in Appendix A.
TRIP GENERATION
Trip generation was estimated using the Institute of Transportation Engineers. Trip
Generation Manual. 5'n Edition. The proposed buildings will be used for general light
industrial. Each building will include approximately 1500sf of office space employing 3-
4 full-time employees, and approximately 7500sf of shop or warehouse space employing
l!r I t
7-8 delivery employees. The Trip Generation Manual projects that the Average Daily
Traffic (ADT) for each building is 3.02 trips per employee. This indicates that the total
trips for each building would be 37 trips per day and Phase I (2 buildings) would produce
a total of 74 trips per day. A trip is defined as a one-way vehicle movement from the
origin to destination. The origin or destination of a generated trip would be the general
site, not specific to the site access point.
For the purpose of this study, we determined the trip distribution using the peak hour
traffrc volumes from the ITE manual and traffic counts collected at the site. Table 1
shows the peak hour trip generation for this deveiopment. The data in Table t has been
grouped into traffrc generation traveling to or from the proposed buildings.
Table 1. TRIP GENERATION
AM PEAK PM PEAK
TzuPS
IN
TzuPS
OUT
TzuPS
IN
TzuPS
OUT
Per Buildine 5 1 2 4
Phase 1 10 2 4 8
The total existing traffic volume through the intersection of CR319 and Grand Mesa
Road during the AM Peak is 134 trips. The anticipated traffic increase produced by
Phase I is 12 trips. This increase to CR319 is approximately 9Y". The PM Peak has a
existing total volume of 113 trips with the anticipated increase of 12 trips. This increase
is 11%.
,, ,,4 1,
CONCLUSION
The Average Daily Traffic (ADT) is the focus of this study. The impact to County Road
319, based offof the information above, is 37 trips per day for each building. Phase I,
consisting of 2 buildings would have an impact of 74 trips per day. This is consistent
with developments of this nature. The increase in traffic is minor in relation to the
existing traffic.
'r I,r\L
. STATE OF COLORADO
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNIry EMPLOYER
Bruce McCloskey, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1 192
ForWldlife-
For People
AUG 0 2 20a4
Jim Hardcastle GARFitrr il ,^\.8, ,
Garfi e-ldCountyBuildingandPlanningoeparrft dt;,f.}L,pt#,Y,#JJ
108 8th Street, Site 201
Glenwood Springs, CO 81601
(970) 94s-82r2
(970) 384-3740
i harcicasile@ sarfieid-count-v. com
RE: Land Use Comment for 319 properties
Dear Mr. Hardcastle:
Thank you for the updated packet detailing landscape recommendations made by the commissioners regarding the
3 1 9 properties. The Colorado Division of Wildlife appreciates the opportunity to provide input on land use issues
in Garfield County. The supplemental information does not include any alterations to the onginal plan that would
have substantial impacts to wildlife.
Thank you for the opporhrnity to comment on this important land use issue in Garfield County. Please feel free to
contact DWM Brett Ackerman (Rifle South) regarding this or any other wildlife issue.
Sincerely,
Dn^*
Dean Riggs
Wrr
Area Wildlife Manager
cc: Ron Velarde
Brett Ackerman
DEPARTMENT OF NATURAL RESOURCES, RussellGeorge, Executive Director
WILDLIFE COMMISSION, Philip James, Chair. Jeffrey Cravvford, ViceChair. Brad Phelps, Secretary
Members, Bemard Black o Tom Buke. Rick Enstrom . Claire O'Neal r Robert Shoemaker. Ken Tones
RflCH{V-MB
Rtrle Frne PRorEcrloN Dlsrnrcr
August 11,2004
Garfield County Building and Pliriming
Attention: Jim I lardcastle
t08 8e streeL, SuiG 201 '
Glenwood SPrings, Cqlorado 81601
Referenoc: Robert T. Lazier Commercial Propeqies
The Rifle Pirs hotecon District has reeeived. and lvieved tfrln'raiminary dtawings for
the Roben Lazier Comme,rcial Pmperties. ln thes-e drawiogs thr developErhas shown a
-** rrppfy,lr-i *ili-..te"i ,ft" *ioi,,1,r- fue protection water sUpply requrrements of
'
As tho proiect moves forwatd, the Disniqt will reqpire approval of hydr'ant locatrons and
;il;;fir; flow requi.emonts of 1500 gallons per minule at.20 psiresidual pressure'
il"diiffi, o tfrur. *.rrio*u* requireirelrts, the District will rcquire.I",r"* ol
.
i"ai"iOrrf itruct rr"s during thc building porqrlt prciooss to insure adequate flue protecton
Thank you and feel free to contact me if I can be of fiIrtlrer assistance'
:
Sincerely,
-/\*/
tr{ike Morfan
_]-
Chief
Telephone (g7O) 625-t 243 ' Fax (9-70) 625:2963
1850 Railroad Avenue ' Rifle, Colorado 81650
STATE OF CO
31 5 f :,?,:,Ii:,ilq,: "' wh, cWgv s,B
Department of Natural Resources ILE--'
1313 Sherman Street, Room 81B
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3s89
www.water.state.co. us
JuL 2 $ 2004
cA,1i',"*ii }ltHHil,I
tsUlLuli\Lr {^ r L' " "
JulY 26,2004
Bill Owens
Covernor
Creg E. Walcher
Executive Directr)r
Hal D. Simpson, PE
State EngineerJim Hardcastle
Garfield County Planning DePt
108 8th St Ste 201
Glenwood Springs CO 81601
Re: Lazier, Robert T. Special Use Permit
S%SE%Sec' 23, N%NE% Sec' 26, TOS, R93W' 6th P'M'
W. Division 5, Water District 45
Dear Mr. Hardcastle:
pursuant to the State Engineer's August 7, 1995 memorandum to county planning directors,
this office is no longer providing "orr"ni, on land use actions that do not involve the subdivision
of land as defined in section 3o-2g-101(10xa), c.R.s. This referral is for a special use permit,
and does not appear to qualify as a "subdivision".
lf you have any questions in this matter, please contact me at this office.
CML: Lazier Special Use Permit.doc
cc: Alan Martellaro, Division Engineer
Sincerely,
Craig M. Lis
Water Resource Engineer
AU6-09-04 03:08PM FR0}r|-Col o oi lr\,ater Rsrources
OFFICE OF TEE STATE ENGINEER
Division of Woter Re,ioutcel
Dc?qrtmtnt of Notursl RcsouftcA
l31l Shermon Street, Room Bl8
Dcnver. CO 80203
Phone (303) 866-3581
rAx (303) 866-3589
hrtp:l/*orer.nlte,co.tu/defoult htrn
+30386835$S T-846 P 002/002
STATE OF COL
BiI Oweng
Gowrtror
Rumcl Gcorgc
Executiva Direirnt, DNh
tlal D, Sirnpeot, P.E.
Sutc Engineer
August 9,2004
Jim Hardcasile
Garfield County Planning Dept
108 Eth St Ste 201
Glanwood Springs CO 81601
Re: Mamm Creek Commons Preliminary Plan
SW%SE% Sac.23 & NW%NE% Sec.26. T65, R93W, 6TH PM
W. Division 5. W. Districl 38
Dear Mr. Hardcastle:
This letter is to correcl an inadveilent error in the water supply oplnlon for the abovs subdivision and
lo cornment on new information regardlng the use of the water supplywell.
Bassd on the well lest and the consultant's recommondatlon to usa an average yield of 30,000
gallons per day for planning purposest wa suggested, in our tetters of July 14 and 30, 2004, that tha appllcant
conduct an analysls to assurs that estirnated rnaxlmum demand can be met by the proposed watsr systern.
We also note$atthe well to he used as a watst supplyfor this development is proposecl as a water
supply for the project described ln the Lazear Special Use permit. This witl increase hd demand on tha well, '
and must be consldered ln tho ostimated maximum demand cornputatlons. Note'thatthe pending well permit
appllcations do not include the uses requeEted undgr th6 spsciat use permiL
As such, due to a laok of informatlon we cannot provide commenls concerning physical adequacy of
the well at tris time. lf you or the appllcant has any questions concerning lhls matter, please eontact Craig Lis
of this offlce fcr asslslance.
CML: Mamm Creek Commons iv.doc
cc: Alan Martellaro, Dlvlslon Engineer
Bitl Blakeslee, Water Commissioner, Distlct 38
Craig M. Lis
Water Resources Engineer