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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.02.2004REOUEST BOCC 8t2t04JWH PROJECT INFORMATION AND STAFF COMMENTS To build 9 separate buiildings for central operations of gas ' :::'-'^:,1 :':::q". "i ;r "* ;ilfii;; AililHll ffi .,or material handling of natural ,"rorr"i..; PROPERTY OWNER APPLICANT LOCATION SITE SIZE WATER SEWER Robert T.Lazier Jimmy Sills / Approximarely r mile south of the Garfierd county AirporrI on County Road 319 andtGru.. tut"*\* _ _ _--_r ^-_** J ly and\Grass Mesa Road / 38,18 acres Central Water System ISDS A/R/RD A/R/RD EXISTING ZONING SUROUNDING ZONING _vrew A: to the north of the proposal _Yrew rl: to the south of the proposal 'I IL I. APPLICATION HISTORY TheZoning 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 theZoningResolution of 1978, as amended. On July lZ,ZOO ,the BOCC chose not to refer this request to the Planning Commission for recommendation. Generally, the Applicant proposes to build and operate or lease nine (9) 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, a repair shop and maintenance facilities, warehouse, and office facilities for l4-20 employees on a2 acre building envelopes for each of the nine 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. The topography of most of the 38+ acre site generally slopes toward County Road 319, is composed geologically of loess wind blown soils, and is covered with sagebrush and pinion and junip., tr."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 consisting of gtazing and pastureland and BLM land. All of the property surrounding tfr" r"U.j"ct site is privately owned. There are various observed wildlife habitats nearbyto the property. ail oltne land within the permit boundary and surrounding areas are not within the 100-ye; flood plain but can experience intense storm events that may transport massive amounts of geologic debris. IV REFERRALS Staff referred the application out to the following review agencies and or County Departments: City of Rifle: Rifle Fire Protection District Colorado Division of Wildlife No comments received (Exhibit G) No comments received /\ Note: Although the applicant's representative, Jimmy Sills, has submitted a technically complete / gaStase.to the Building and Planning Department there is an absence of pertineni and vital I information within the application pertaining to the specifics of the uses for all nine buildings; lonseCuently, staff has applied a recommendation of DENIAL for this request. c. 2 Colorado Dept. of Public Health & Environment Colorado Division of Water Resources No comments received No comments received Colorado Geological Survey (Exhibit H) Bureau of Land Management No comments received Garfield County Road & Bridge Department: (Exhibit I) Garfield County Vegetation Management (Exhibit J) Garfield County Oil and Gas Auditor No comments received Garfield County Attorney No comments received Garfield County Engineer, Chris Hale/lVlt. Cross Eng. (Exhibit K) V. COMPREHENSIVE PLAN REVIEW STANDARDS Land Use Maps: The property lies within Study Area 3 and is designated on the proposed land use map as: Outlying Residential,2-acre minimum. The Applicants proposal is industrial which is not consistent with the present designation on the county's land use map. This item has NOT been met. Text of the Garfield Countv Comprehensive Plan of 2000: consider the following Goals, Objectives, and policies that apply to the proposal: a. Goals Garfield County will encourage the long-term commercial and industrial developrnent of a diversified industrial base for the County which recognizes the human resources, natural resources, and physical location-to-market capabilities of the communifit, and which further recognizes and addresses the social and environmental impacts of industrinl uses. StaffResponse: Locating industrial development in this location is consistent with the Plan as there are other light industrial uses in the area, although the social impact of this proposal does not consider the impact that will result upon the adjacent residential development. Additionally, the impact of the proposal on the environment has not been measured as the applicant has not submitted site-specific information discussing the proposed uses. This item has NOT been met. b. Obiectives 4.2 To ensure that commercial and industrinl developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process. StaffResponse: The property is located in rural and partially developed areas of the County, which is mainly used for other industrial uses and rangeland. There is no significant single- family residence presence in the area other than a proposed 20+-lot single-family dwelling unit subdivision, which this proposal would surround on 2 sides and be within immediate proximity. This item has NOT been met. d. e. f. ob. h. i. j. k. l. 4.3 Encourage the location of industrial development in areas where visual, noise, air quali$4 and infrastructure impacts are reduc ed. Staff Response: The level of impact on the surrounding natural environment and built and proposed development is unable to be determined at this time due to the lack of information from the applicant. The Applicant should use but has not proposed an adequate combination of berms, trees, and other various landscaping components to fully screen the proposed use. Additionally, The Applicant further proposes to defer this requirement to the building permit phase, which is unacceptable. This item has NOT been met. 4.6 Ensure the type, size, and scope of industrial and commercial development are consistent with the long-term land use objectives of the county. Staff Response: The Plan's proposed land use map shows this property as Outlying Residential, 2 acre minimum and although there are few Residential structures in the immediate vicinity it is perceived the proposed single-family dwelling units to be constructed adjacent to this proposal or nearby along the 319 corridor would be adversely affected. However, as stated earlier, the applicant has not fully discussed the impact of the proposed uses, which may help to mitigate the perceived impact that this proposal introduces to the area. This item has NOT been met. SUBDIVISION REGULATION REVIEW STANDARDS The site is currently being divided by warranty deed, however at this time is still part of a77 - acre parcel of which the SUP is requested for only 38+/- acres. Also, the Applicant appears to have illegally subdivided land by creating by warranty deed with at least 2 parcels each less than 35 ac. These are shown on the plan drawing as the northern and the southern portion of the SUP parcel, although the metes and bounds description on the plan describes the two portions as one parcel of land. The Applicant includes the land conveyed to Garfield County by warranty deed in 1910 for what is now a portion of CR 319 to show contiguity between the north and south portions of the SUP parcel. However, the warranty deed conveying land from the LazierlSills partnership to Sills specifically excludes the land conveyed to the county as does the metes and bounds description on the plan. Applicant must prove its right to include CR 319 in the description of the subject parcel. This item has NOT been met. VII. ZONING RESOLUTION REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the TnningResolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial VL perfonnance standards in 5.03.07 and 5.03.098 of the Zoning Resolution. Staff presents these review standards below followed by a response. A. Section 5.03 Review Standards I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approied by the Board of County Commissioners shallbither bb in placb or shall be constructed ii conjunctioiwith the proposed usel Staff Response: 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 of Mountain Cross Engineering, the County's consulting engineer: "The well is not permitted for the uses proposed. Also, the chart in the application from West Divide does not account for the uses proposed. The water system proposed would need to be a community system that would need to be regulated and approved by the State..." The application's description of the 319 watercompany 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 is not available. Also, the information included proposing commercial development is incomplete from a fire protection water standpoint. The data in the application documents submitted by the Applicant states that fire protection water is available and that it will be provided, however it does not include the design of the system or any other pertinent data. This item has NOT been met. 2) Street improvements adequate to accornmodate traffic volume generated by the proposg-d_use and to provi.de safe, convenient access to-the use shall-either be in-place or shall be construcied in conjunction with the proposed use; StaffResponse: Section5.03.07(D)oftheapplicationspeakstotheincreasedtrafficthat is anticipated from the proposed Special Use though these impacts have not been adequately addressed. Although there is an expectation of minimized industrial traffic between Rifle and the proposed sites one can assume increased administrative and onsite support staff traffic which the applicant has further failed to address. A study assessing quantifiable traffic impacts attributed to the proposed use, indicating the existing infrastructure can accommodate the proposed traffic, should be provided. This item has NOT been met. 3) Design of the proposed use is organized to minimize impact on andfrom adjacent uses of land through installation of screenfences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points,lighting and signs in such a manner as to protect established neighborhood character; 5 Staff Response: The use as proposed is expected to adversely impact adjacent uses as there is no adequate provision in the application for the use ofscreen 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 staff which circumvents review for this phase for recommendation to the BOCC. Further, the Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. B. Section 5.03.07 Industrial Operation Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: 1) The applicant for a pennit for industrial operations shall prepare and submit to the Planning Director tey (10) copies of an impict statement onihe-proposed use describing its location, scope, design and constructi.on schedule, includiig in explnnation of iis operational characteristigs. One (l) copy of the impact statement sha[befilednith tht Couryty Commissioners by the Planning Director. The impact statement-shall address the following: a) Existing lawful use of water through depletion or pollution of surface run-off, streamflow or ground waterl Staff Response: 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 Nor been met. b) Impacts on adiacent landfrom the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Response: The Applicant has indicated there "shall be no generation of vapor, dust, smoke, glare, vibrations, or other emanations permitted on this lands", but has failed to fully describe the proposed use so staff can properly ascertain the full impact of the uses proposed and ultimately offer proper mitigation efforts or at a minimum concur with the Applicant s assessment This item has Nor been met. 2) c) Impacts on wildffi and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, bTockade of migratiiln routes, usepatterns or other disruptions; Staff Response: 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, the Applicant has failed to fully describe the proposed use so staff can properly ascertain the full impact of the uses proposed. This item has NOT been met. d) Affirmalively show the impacts of truck and automobile traffic to andfrom such usesand their impacts to areas in the County; Staff Response: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. e) Th-at sfficient distances shall separate such usefrom abutting propefi which might otherwise be damaged by operations of the profosed use(s); Staff Response: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. fi Mitigation meas.ures proposedfor all of theforegoing impacts identified andfor thestandards identified in Section 5.03.08 of this Resolution Staff Response: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. P^erryi* 1n-p be grantedfor those uses with provisions that provide adequate mitigation for the following: b) The -County Commissioners may 1eeuire securigt before a permit for special orconditional use is iss_ye(, if ryquired. The applicait snaUfturn'ish eviience'of a bankcommitment_of credit, bond, certified check-or other secirity deemed acrtftobl, bythe County- Commissioners in the amount calculated by the-County Comiissioneis to secure the execution of the site rehabilitation plan ii workmanike *anner and inaccordance with the specifications and construciion schedule established or approved by the -C-orlnty Commissioners, Such commitments, bonds or check shall be'payable to and held by the County Commissionersl Staff Response: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. 7 c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of t:his Resolution. Staff Response: see Section 5.03.08 Below. C. Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a rnanner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the propefi in which such uses are located, in accord with the following standards: 1) \olume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Staff Response: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. 2) Vibration generated: every use shall be so operated that the ground vibration inherently and re_cut-ently ge,nerated is not perceptible, without instriments, at any point of aiy boundary line of the propergt on whi.ch the use is located; Staff Response: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. 3) Emissionl o{ sryo\e and particulate matter: every ase shall be operated so as to comply with all Federal, State and County air quality laws, regulationi and standards; Staff Resnonse: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any analysis of any proposed mitigation of those uses. This item has NOT been met. 4) Emission of heat, glare, radiation andfumes: every use shall be so operated that it does not emit heat, glare, radiation orfumes which substantially interfere with the existing use of adioining property or which constitutes a public nuiiance -or hazard. nlaring if gases, aircraft warning signals, reJlective painting of storage tanks, or other suc-h oyerations which may be required by law as safety or air pollution control measures shall be exemptedfrom this provision; Staff Response: The Applicant has failed to fully describe the proposed use so staff cannot properly ascertain the full impact of those uses and as a result cannot provide any ,t analysis of any proposed mitigation of those uses. This item hasi NOT been met. V[I. SUGGESTEDFINDINGS l. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. 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 lacts, matters and issues (other than sound levels of the proposed use) were submitted prior at the meeting. 3. That for the above stated and other reasons, the proposed Special Usr: Permit it M in the best interest of the health, safety, morals, convenience, order, prosperrity and welfare of the citizens of Garfield County. That the application is NOT in conformance and compatible with the Garfield County Comprehensive Plan of 2000. That the application is NOT in conformance with the Garfield County Subdivision Regulations of 1984; and 5. That the application is NOT in conformance with the Garfield County ZoningResolution of 1978, as Amended. IX. STAFF RECOMMENDATION Staff recommends DENIAL, for the following reasons: 1. The Applicant has not shown the application to be in conformance with the County L444 Use Maps. - I 2. The Applicant has not considered nor demonstrated tile social and environngental-irnoacts-'\ of the pioposeo industrial use. t - I 3. The Applicant has not considered nor demonstrated the compatibility of the proposed uses with adjacent land uses of mitigation of impacts. 4. The Applicant has not demonstrated the how the location of the proposed use will reduce 4. 4. v i s u al, no i se, air qu al_ity- Tfi n fryltg g!qf"_ jqqp-act. 9 III I Exhibits for Robert T. Lazier SUP Public Hearing hetd on August 2,2004 II Dxr , Lazler DUr fubtic Hearing held on August 21 2004 I II t,Atrz' I , Illttltll l r'r"t l | " ^g'vt-a-t<-t7 t-' 4 7/,/xotta I I W 77*ud 4 d1 2x{ /i7r*-re" Il''<%;2,*ir-ry;^9*r:* | lW'":t ,,.Iu*r-,-{c'- | I t ut Y -. ,/.t'l a-l 4 lL\zr/\*v u --e t I I I Exhibit Letter (Ato Z\ Exhibit 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 Review Memo: Colorado Geological Survey I Review Memo: Garfield County Road & Bridge Department J Review Memo: Garfield County Vegetation Management K Review Merlo: cqlg]qlgurrly Elgingq;r, chris Hale of tvtt. cross pneineerils &/1*;*W{ffu-rlr:-a4.-.rci*n J q/? //"/x ce^ 7{-47 87/ E *l ffi :. ... IulY 2?,2004 : ' Garfield CorurtY Building an Attenti,on ; Jim Hardcastle i;;In"iil;,:ffi;20i ,' . iefer"nce: Robert T. Lazier commercial Properties Mr. Hardcastle, As *" had discussed via crnail, the infonnatiou hr:luded {or thc reviery of the Lale'r il;,;* Jffffi C;kthr,'prono*, commerciat developqent ls incompletsfrom a fue pcote -ctronqater ";"dp"i.i T[i q"ointn"packet suites]htt fire protectionwater is available and that ,t ,ril t p*uia.d, powwer it does not inctude the design of rhe systern or any othu Pertrnent data- , :-'.: I mel wrth lt4r. sills and High cormty Engincsnng last wcdncsday to discuss these issues. They wcre informed of minim11"ir"a*a."*a h3ve 3greed to design the system to meor rhose minimum standards for s*U*itt"t- -Attlattime-t witl Ue atle to provide "o*In*t" on the adeqrncy ofthe deqgn of the de,vptopment' Thank you and feel free to contaot mc if I can be of furthsr assistancet RECETVED JUL 2 7 20a4 -g.fmi'*P,',fH^f[J Telephone (97o) 625-1 243 1850 Hailroad Avenue ' ' Fax (970) 625'2963 Ritte, Coiorado 81650 Chief , REcmevffiffi JUL 2 3 2004 GARFIELD []OLJT{TY euiinri'tc & PLANNING Sincerefy, Mountdin Cross eh* Chris Hale, PE MOUNTAIN CROSS ENGINEERING. INC. Crvt nHo ENvrrorvlteNtnl Colrsultrlc aNo Drsrcr.r Iuly 22,2004 Mr. Jim Hardcastle Garfi eld County. Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Review of Special Use Permit for the 319 Properties Dear Jim: tr have performed a review of the documents provided for the Special Use Permit (SLry) of the 319 Properlies. I ha,"e ilie ftiilo',ving cgmm€lits, qucs'iions, or conccrns. . The well is not permitted for the uses proposed. Also, the chart from West Divide does not account for the uses proposed. The water system proposed would need to be a Community systgm 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. o Section 5,03(1) requires that sanitation services be provided. Since individual sewage'disposal systems are proposed, engineering convention would dictate that as a condiiion of approval, each building site should have an engineered sewage disposal system. o The applicant has provided the existing Average Daily Traffic counts for various counf roads including County Road #319 West Mamm Creek Road. However Section 5.03.07(D) speaks,to the- increased traffic that is anticipated ftom the proposed Special Use and these impacts have not been adequately addressed. A study assessing thJ inireased iraffic and the associated impacts should be provided. Section 5.03(2) appears to supportthis. : . After review of the letter dated July 14, 2004 submitted by the Colorailo Geologic Survey 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 biilding site. . The preparation of the above engineered plans would also provide a better means for estimating the costs for a reasonable securitSz for site rehabilitation as mentioned in Sections 5.03.07(2)(4) and Sections 5.03.07(2XB). Otherwise, for erosion control and revegetation of the SUP site an estimate of $2,500 per site for 9 sites, $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. 826'l/2 Grand Avenue . Clenwood Springs, CO 81601 ,, lJ Valves rry to 16 irci in size Bohs ad ntcs of mnY sizes even mic Frac sand Lost circulation material Well heads Drillingmud fhillingfoam DriII pipe Casing fuuipment fiIters Gaskets Gasket sealant Pipe dope wHo Dwt tape Electrical tape Mscellaneous srryplies ircIuding wire, wirenrfrs, etc' What I rhink we arB rnissing in considering this application is the faft tlat the development of 66ral resorurces ce regulated-d strictly so. MSDS (Material Safety Data Sileets) informdion is required for all chemicals, d|{s-'rE,,- ae used in tho inaus{I]r I have not fcund a definition in the regutdlons for stomge of heavy equipment but it would see,tnthis fuuld include: Backhoes Trackhoes Motorgrad€ls Dozers Skid steers Semitnrcks Semi trailers Dump tnrcks Tnrcks rated over I ton Ditchingmachirrcs Hydm testingrmits Watertrucks and tanks Waterpumps Generators Compressors Welders 't !l ( The third itern allowed aod rcquestd is for tbe stoEse of oit tnd Es drire *"b-""tThe following is alisf forth€se items: Drill bits Shkers Screens Work over rigs Frac taoks Aminrmits Separators Foryrr iqiectorudts Xray mits Frac hoods Wire line units Mud t*nks Miscellaneow hmd tools d &ining equiprn'ent Hopeftr[y this informdion addresses your mncems Jimmy Sills From: Sent: To: Subiect: Matt Sturgeon [msturgeon@rifleco.org] Tuesday, JulY 27, 2004 8:14 PM Jim Hardcastle Lazier SUP - CR 319 The Rifle planning commission requested staffforwar dP&z's support for the application' The Planning commission found the use appropriate at this location and supportgd moving the gas subcontractors closer to the gas fields. They also wished io cbrv"y tt ut tt " application.should be approved with conditions requiring the applicant and future users to comply *itrr irr. .rr" ,p..ifi.ations outlined in Section 2,pages3 & 4, of the Special U se Permit application. Thank you for the opportunity to comment' Matt Sturgeorq Director Planning & DeveloPment City of Rifle 202 Railroad Ave Rifle, CO 81650 JIMMY SIIJS 4SI05 HY[/Y 6 &U GLENW(XID SPRTNGSL Cr). tr60r PHONE yrc. Wr- 95.11FAX vI0. 9{r. vr33 EMAILEc3I@ .dryusfr 9,2W4 Mr. Jim Hardestle Gafield Comty Building & Planniug Departnent 10t 8th Strcsq Suite20l Glennood Spitrg$ Colora& 81601 Re: L"AZIERSPECIAL USE PERMIT REQT}ESTED USES. DearJnq The Garfield Courty Zun@Resolution of 1978 idic*es fte special rrc that may be requested for properties ?M AIRIRD- Section 3-U2-03 of ths Resoh*im idetrifies the folowing uses which rypty to urr applicaion md reqtresE 1-Storsgs Z-Storege of lcrw eqlip[c[fi }'Storrsc of oil rnd srr drflins Gouipment Section Z-ff2i1(4) of thc Resolr*ion defu stor.gc rc *a(t of sro@ tr state of being store{ specifically, th safe ke€piry of goods fu a urarehorre m o&cr imh& Imoducts rnd open storagg of mirreral storage piles of granel ore md shale: The rylication fu ihis Special Use Permit is comistemt wfth eis definition- It ls absolutely impossible to hw evef,y boltand nut ttat may be storcd on the poperty amd an rmrwrable rcquest in my ryinion- Itwould seem a b€tr€rwaytoatrEssthisrmould be to ideilifr items '' -t esnmrt be stm€d- Hazrdots materials for example are not allowed ad tk pupose of th Idustrial Perfomaoce hdards and the Indrsial Operatioils Impact Statmt of fu qilicdim pmvifu lhe effiol of wtd Sffild be ttrc items ofconcem. In an attempt to provide the irrforrnatiom requested 6e fo[owing items may be sbrcd gtr the propufy: Pipe and fittings rpto 16 irch in size tt i- I EDWARD MULHALL, JR Scorr BALCoMB LAWRENCE R. GREEN TlMorHY A. THULSoN DAVID C. HALLFORD CHRTSToPHER L. CoYLE THoMAS J. HARTERT CHRtsToPHER L. GEIGER ANNE MARIE MCPHEE DEBoRAH DAVIS* SARA M. DUNN * Aso eoutneo to P&lcE lN Nry YoRK No MlssouRl BAr,coMB & GnPPx, P.C. ATTORNEYS AT IJAW . P.O. DRA\^/ER 79O 8 1 8 COI,OR-{DO A\IENLIE GLEr{WOOD SPRTNGS, cOr,oRA-Do a 1602 TELEPHoNE: 9?0.945.6546 FAcsrMInE: 97O.945.89O2 we'av. ErArrco]\ifrrcREEN. COT\r August 9,2004 OF COUNSEL: KENNETH BALCOMB JoHN A. THULSoN Jim Hardcastle Garfield County Building and Planning 108 8'h St., Ste. 201 Glenwood Springs, CO 81601 Re: Application for Special Use Permit by Robert T. LazierlProperty Located Along County Road }1.|9lGafiield County Colorado Dear Jim: As you are aware at its hearing of August 4,Z}O on the above entitled applicatior,, th" Board of County Commissioners continued its consideration of the ru*" for the filing by Applicant of additional information clarifying the nature and extent of uses. Additio;a[y, Carolyn Dalgren and yourself have raised a number of concerns regard.ing the staius of the ownership/title of the subject property. The following is submitted in lesPonse to both of the above concerns. L. Number of Sites Requested: As presently constituted the application identifies nine (9) potential building sites. As explained at hearing, Applicant his immediate plans for the development of only two 1Zy potential sites-those identified as Sites 2 and 3. The additional seven (7) sites were identified as a product of Applicant's misunderstanding that all potential sites within the subject pioperty r.rrrcib" identified at this time. Defining at this time, the nature and type of ,rur 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 naffow its present request to the uses hereinbelow set forth as being applicable to Sites 2 and 3, solely' All representations contained within the application to the seven (7) sites, excluding Sites 2 i -l 1 ItAr,coMB & GREEN, p.C. ATTORNEYS AT LA.w August 9,2004 PageZ and 3, would be limited for purposes herein to the matmum 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 all 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 appioval. 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. nU siia 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 specific to standard oil and gas drilling rigs. A more exhaustive list of its equipment is set forth in ]immy Sills draft correspondence 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 llf referred to Planning and Zoningby the BOCC. ,l] BAr,coMB & GnPPw, P.C. AICTORNEYS AT IrAW 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, approtmately 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 Cornmissioners under Resolution #2003-48. d. Special Warranty Deed from Robert T. Lazier to ]immy 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 approxim ately 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. ^S,I The above-described conveyances leave approximately Wacres titled in Robert T. Lazier out of which the 41..95 acres-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 'L^b.et .n (commitm ent #0407054) provided herewith as Exhibit C. The remaining +t*{icr"s (831? acres - 4L.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 Approvai 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 yotlr convenience. Very truly yours, BALCOMB & GREEN, t' "t ) BAr-coMB & Gnrcpx, P.C. ATTORNEYS AT IJA\V 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 be1,%bathrooms-the full bathroom containing one shower stall. with7s00,-"::ii#""ffi'#,Tl:tr;:#:,l::;ffi lff l;j,T3::"'#l:: j:f, ::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 Iink 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. : r,.^*ffiHi,"":::il."*-r""ilffi:;'#:I:- application. 3. Propertyfiitle 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 Page 396. 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 l/4 of Section 26) of which the subject property is contained. b. Quitclaim Deed from Sills-Lazier Partnership and Robert T.Lazier and Jimmy 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 ft' File No. 0407054 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situated in the S1/2SE1/4 of Section 23, and the N1/2NE 1t4 of Section 26, Township 6 South, Range g3 West of the Sixth Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows: Beginning at the Northwest Corner of said 51/2SE'1/4 of Section 23, also being the Center South 1/16 Corner of iaid Section 23; thence North 89o48'41' East along the North line of said S1/2SE114 1410.51 feet to 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 Of1c-e; thence ieaving said Northerly line and along said Easterly line South 07'33'40. West 77.0g 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 64'02'14'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 2O7.50 feet; thence North 41"01'30' West 42.66 feet; thence South OB'21'52" West 890.01 feet; thence South 89"39'50" West 320.95 feettoapointontheEasterlyrightof waylineof saidCountyRoad; thenceSouth 15'14'12" Westalongsaid Easterly iine t+1.83 feet; thence leaving said Easterly line North 90"00'00" East'190.26 feet; thence South OO.2g,j4" East 5g8.7g 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 the South line of saiO-ruil2t'tE'1/4 Section 26; thence leaving said Easterly line and along said South line South Bg"3g'50, West 748.04 feet to the Southwest Corner of said N1/2NE1/4 also being the Center North Corner of 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'OO'00'East 415.17 feet; thence North 45"19'38" East 851.97 feet; thence North-g0"00'00" East 46.32 feet to a point on the Westerly line of said County Road; thence North 15"14'12" East along said Westerly line 155.46 feet; thence continuing along said Westerly line North 10"03'25" East j52.34 feet; thence leaving said Westerly line North 90'00'00" West 152.34 feet;thence North 10"03'25" East BZ.7g feet; thence North 08'21'52" Easi697.63 feet; thence North 45"00'00" West 234.89 feet to a point on 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 said centerline North 00"01'00" East 364.95 feet; thence South 74'19'O3" West 1143.00 feet to a point on the 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). | 't 1 File No. 0407054 SCHEDULEB-SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any otherinstrument recorded subsequent to the date hereof may appear as an exception under dcfreaute B of the policy to beissued. Unless otherwise 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 andauthority of the person authorized to execute instruments conveying, encumbering-or otherwise affecting tile to realproperty on behalf of the entity, and containing the other information required Uy CnS 38-30-172, evi-idencing theexistence 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-s .1 File No. 0407054 SCHEDULE B. SEGTION 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. Ealements, or claims of easements, not shown by the public records' 3. Discrepancies, conflicts in boundary lines, shoriage in area, encroachments, and any facts, which a correct survey and inspeciion of the premises would disclose, and which are not shown by the public records. 4. Any lien, or rignl io a lien, for services, labor or material heretofore oi hereafter furnished, imposed by law and not shown by the public records.5. Deficts, liens, encumbrances, adverse claims or other matters, if any, created, ftrst appearing in the public records or attaching subsequent to the e*ective 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. 6. Any and all unpaid taxes,,assessments and unredeemed tax sales' 7. Any lien or charge on account of the inclusion of subject property in an improvement district. g. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. g. 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. 1 0. 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. Right of way granted to Southeast Piceance Pipeline Joint Venture in instrument recorded May 6, 2001 in Book 1259 at Page 66. 13. Terns and conditions of Surface and Damage Agreement recorded June 11,2001 in Book 1259 at Page 846 and recorded April 15, 2002 in Book 1345 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 iisures only to the extent oithe amount actually disbursed, but increases as each.disbursement is made in good faith inO 'fuitnout knowiedge 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 Owne1s 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 claims; reservations or exceptions inI 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 14. 15. i, I''ri Commonwealth Title Company of Garfield County, lnc. 127 E.Sth Street / P.O. Box 352 Rifle, CO 81050 Phone (970) 625-3300 lFax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444lFax (920) 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: I1 co M M rrM E Nrclos J'J=. 1, * t u R.AN c E File No. 0407054 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 POLTCY (10-17-92) Proposed lnsured: 3. 4. $410.000.00 Weststar Bank, lts Successors and/or Assigns 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: Robert T. Lazier 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 CHARGES Mortgagee's Policy Tax Certificate $s12.00 Construction Loan Rate 15.00 COUNTERSIGNED: Authorized Officer or Agent jg Valid Only if Schedule B and Cover Are Attached American Land Title Association Schedule A (Rev'd 6-86) lssuing Agent: Commonwealth Title Company of Garfield County, lnc. 127 Easl5th Street Rifle, CO 81650 An Employee-Owned Company lr Crvu- EruclrqeeRrNG 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81501 970.945.8675 phone LAZIER SPECIAL USE PERMIT TRAFFIC ST{IDY PREPARED FOR: JIMMY 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 (970) 94s-8676 August 6,2004 Leruo SuRvevrruc 14 Inverness Drive East, Suite F-120 Englewood, CO 80112 303.925.0544 phone HCE Job No. 2031046.00 r ,r-j PAGE 1 1 1 1 1 1 J I. il. m. IV. V VI V. SECTION DRAWINGS: APPENDIX: iNTRODUCTION EXiSTING AND PROPOSED LAND USE SITE ACCESS SLIRROUNDING LAND USE TRIP DISTzuBUTION TRIP GENERATION CONCLUSION TABLE OF CONTENTS FIGURE 1 - Vicinity Map (8.5" x 11") FIGURE 2 - SITE PLAN (11" x 17") A: Traffrc Distribution Tables L-', i SPECIAL USE PERMIT TRAFFIC STUDY INTRODUCTION This traffic study for the Lazie.r Special Use Permit associated with a proposed Commercial Development located near Rifle, in Garfield County, Colorado. The proposed development is located along County Road 319 near Grass Mesa Road. Please reference Figure i 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 319. 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 72 lots, currently with 68 residences. TRIP DISTRIBUTION The overall directional distribution of the site-generated traffic was based on the existing travel pattems 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 coru:ecting the site to Airporl Road was under construction and one-way traffic only was allowed. 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 8:15 having a total of 134 trips pass throughthe 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 arrdT3Yo 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 wiil be used for general light industrial. Each building wiil include approximately 1500sf of office space employing 3- 4 fuIl-time employees, and approximately 7500sf of shop or warehouse space employing r_1 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 wouid 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 development. The data in Table t has been grouped into traffic generation traveling to or from the proposed buildings. Table 1. TRIP GENERATION AM PEAK PM PEAK TRIPS IN TzuPS OUT TRIPS IN TRIPS OUT Per Buildine 5 1 2 4 Phase 1 10 2 4 8 The total existing traffic volume through the intersection of CR3 19 and Grand Mesa Road during the AM Peak is 134 trips. The anticipated traffic increase produced by Phase I is i2 trips. This increase to CR319 is approximateiy 9Yo. The PM Peak has a existing total volume of 113 trips with the anticipated increase of 12 trips. This increase is 11%, i.t\rl CONCLUSION The Average Daily Traffic (ADT) is the focus of this study. The irnpact to County Road 319, based off of the information above, is 37 trips per day for each building. Phase I, consisting of 2 buildings would have an impact of 74 hips per day. This is consistent with developments of this nature. The increase in traffic is minor in relation to the existing traffic. ._J 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 1 92 Jim Hardcastle Garfield County Building and 108 8'h Street, Site 201 Glenwood Springs, CO 81601 (970) 94s-8212 (970) 384-3740 j harcicastle@qarfi eid-counqy.com 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 opportunity 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. RECEFV.M&ForWldlife- For People AUG 0 2 20a4 Pranningr.r,"#fffi[?#rli:if# Sincerely, Dd-- Dean Riggs /E"rr Area Wildlife Manager Ron Velarde Brett Ackerman DEPARTMENT OF NATUML RESOURCES, RussellGeorge, Executive Director WILDLIFE COMMISSION, Philip James, Chair. Jeffrey Crawford, Vice'Chair o Brad Phelps, Secretary Members, Bemard Black. Tom Burke. Rick Enstrom . Claire O'Neal . Robert Shoemaker. Ken Tones 'i l Rtrle Frne PnorEcrloN DlsrnrcT ,l Garlield County Building and Plimning Attention: Jim llardcastJe ] t08 8m Street, Suite 201 Glenwood SPrings, Cqlorado 81601 ' Refer,qrgc: Robert T. t aTer CommetciaL Propgrt'les N{r. Hardcastle, Telephone (970) 625-1 243 1850 Railroad Avenue ' The Rifle Fire hcteCon DisUiCt has rooeived. and levieyed the prreliminary drawings for the Robett Lazier Conrmerciat Properties- [n these drawiogS fhe developerhas shown'a water supply tnat *itiexceua ,t* *iri.,r- fue protoctiort-water sppply requ*ements of tft" rliruii (t tO,ooo galon minimury); As the oroiect moves forward, the Distriot u'ill require fPProval-of hydrant locations and ;ffi,I;".,ilii"* *q"i*monts of 1500 gallons per minute at.20 psitesidual pressure''ilSii-ff,; il;; rninimum requirements, ttre District will rcquire"T:t.^Y-"1^^_ ;"dlrfi; ;tro"on"s a*ing thc burlding pcrr+it prooess !o insure adequate flre protectron stan<Iards are met- . : Tharrk you and feel free to contact rne if I can be of fi'gther assistance' Sincerely, . Fax (970) 625:2963 Rifle, Colorado 81650 Mike STATE OF CO fl*llil'fftl"r,'":,'i}]].'J"'Hhcw$vffiw 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3s89 www.water.state.co. us JuL 2I2004 3ft'Sit8,d5'SHfi,, 26, zoo4 Bill Owens Covernor Creg E. Walcher Executive Director 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'/oSec' 26, T65, 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 commenG on land use actions that do not involve the subdivision of land as definedln section 3o-2g-101(10)(a), 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 AU0-09-04 FR0lr,l-lolo Div oi liatsr Ratourcsr OI'FICE OF TEE.STATE ENGINEER Divirion of Woter Rdrource6 Dcpsrrmtn t ql Noturul Rtoourccg 1313 Shermon Streer, Roon 818 Dcnvr, CO 80203 Phone (303) 866-3581 FAx (303) 866,5589 Irrtp://*orer,sl0Ie,co.tu/defoult htm STATE,F COLO +3038683588 T-846 P.00?/002 Bill Orvcn6 Gov4rtlot Ruo:cl Gcorgc Executlvo Direeror, DNft I'lal D, Sinpaotr' P.E. Satc EnBineEr August 9,2004 Jim HardcasUe Garfi eld County Planning Dept 108 8th St Ste 201 Glenwood Springs CO 81601 Re: MammCreekCommonsProliminaryP[an SW%SE% Sec.23 & NW%NE% Sec" 26. T6S, R93W, 6TH PM W. Dvision 5, W. District 38 Dear Mr. Hardcastle: This letter is to correct an inadvertent error in the water supply oplnton for the abova subdivision and lo comment on new infqrmation regerdlng the use of the water supplywell. Bassd on the welt test and the consultanfs recommondatton to use an average yield of 30-000 gallons per day for planning purposos, we suggested, in our tetters of July 14 and 30, 2004, that ths aPpllcant conduct an analysls to assure thai estimated rnaximum demand mn ba met by the proposed water system. Wa also note $at he well to he usgd as a walot supply for this development is proPo$ed as a water suppiy for the project desaribed ln the Lazoar Special Use permit. This witl increase he demaftcl on tho well, ' and must be consldered ln lh6 ostimated maxirnum demand computatlons. Note'lhat ttre pending well permit appllcations do not include the uses requ$ted undgr th6 speciat use permit As such, due lo a laok of informatlon wo cannot provide comments concerning physical adequacy of the well at his time. lf you or tre appllcant has any questions concerning thls rnatter, please contacl Craig Lis of this office for asslslance. {V)l;,,Ftr','+Craig M. Lis' Water Resources Engineer CML: Mamm Crsek Commons iv.doc cc: Alan Martellaro, DIU$lon Engineer Bill Blakeslee, *ater Commissioner, Distrlct 38