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HomeMy WebLinkAbout1.0 ApplicationGA.RELD COUNTY PLANNING DEPAR1NT 109 8TH STREET, SUITE 303 GLENWOOD SPRINGS, CO 81601 Telephone: 970-945-8212 Fax: 970-945-7785 APPLICATION SPECIAL USE PERMIT Date: (0-R- Applicant: -774 i ^.k. -O Co A (-00^'\ ? / Address of Applicant: L,5) CcZ-dark-4 /0 Special Use: Legal Description: SE_? ore_ s�g-SS Practical Description (location with respect to highways, county roads, and residences): toa C2-1 N;) L l�' Cswoy-1- c FE 21, bz � Se,}a Requirements: 1. 3 5. Plans and specifications tor proposed use (hours of operation, number of vehicles/day, location and size of structures, etc.). Existing or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. A vicinity map drawn to scale depicting the subject property, location and use of building and structures on adjacent lots. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of Zoning Regulations. A copy of Assessor's map showing property, and a listing of all adjoining property owners of said property. A base fee of 5400.00 shall be charged for each application and shall be submitted with the application; additional charges may be imposed if county review costs exceed the base fee. Attach a copy of proof of ownership for your property (deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least fifteen (15) days prior to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper at least fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best of my knowleda . Applicant 6--13-g1- Date SEO-WTR DIV 5 ROY RPMER Gov rnor MEMORANDUM TEL • Jul 21 97 15:19 No.011 P.05 JERIS A. DANIELSON State Engineer DIVISION OF WATER RESOURCES WATER DIVISION V ORLYN J. BELL DIVISION ENGINEER P.O. BOX 396 1429 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81602 945-5665 June 13, 1989 TO: Mel Malley FROM: Dwight Whitehead, Water Commissioner (Wells) )-'11- RE: tRE: SBU Field Inspection For Permit No. 034301-F On June 8, 1989, 1 conducted a field inspection for Permit No. 034301-F and the following was determined. Water Court Case No. 82CW145, Rippy Wells Nos. 3, 2, and 3 are conditional water rights. Currently three well:; do exist. Only the No. 3 well has been put to beneficial use. The No. 3 well is the furthest north well owned by Mr. Rippy with Permit No. 034303-F. Therefore, the Statement of Beneficial Use submitted by Mr. Rippy on Permit No. 034301-F for the No. 1 well is incorrect. The stated range for Permit Nos. 034301-F, 034302-F, and 034303-F is Range 93 West. The field inspection shows the correct well locations are: NE1 of the SE=4, Section 5, Township 6 South, Rangte 91 West, 6th P.M. Well locations per decree in 82CW145 are correct but the stated location on the well permits is not. Please see the attached letter from Mr. Adair hippy dated March 10, 1989 for more information. Feel free to contact me if you have any more questions. DMW/nch Attachment cc: Orlyn J. Bell Steve Lautenschlager SEO-WTR DIV 5 TEL:303-945-5665 Jul 21 9' 15:20 No.011 P.06 STATE OF COLORADO. OFFICE OF 1HE STATE ENGINEER DIVISION OF WATER RESOURCES BENEFICIAL USE FIELD INSPECTION WELL,PERMIT NO. 034301-F 1) Has water been put to beneficial use as claimed? NO 2) Is the well located where claimed? NO *See Comments 1 -Yes or No) —Tres or No) 3) Are the number and legal description of the acresAirrigated accurate? YES ZYes or No) 4) Is a totalizing flow meter installed on the well? 5) Comments: NO (Yes or No) The applicant submitted Statement of Beneficial Use on Permit No. 034301-F which has not been put to beneficial use. Currently the only well the applicant is using is Pcrmit No. 03430:3-F. Correct well location is: NE1 of the SEIE, Section L, Township 6 South, *RANGE 91 West, 6th F.M. I field inspected the site of the well permitted under the referenced well permit number on June 8, 1989 , and the above is an accurate report of my findings. . 2t7 Signature Dwight M. Whitehead ate Water Commissioner (Wells) Division 5 11211 Title Division/District. P.O. na , CO 81623 Colorado, of the second part 000 00 ) shoat legal address 1s County of G tP1I ID " end Stet* of. ♦• 340, of the for and 1n conalderatlon of the sun of,_',ta ;. 1111 VITNESSET N, That the said party of the first pert, THREE KINDRED FORTY THOUSAND DOLLARS Mon 00/100TNi rt of the second part, the receipt whereof to herebl id the said party these present' the r deep grant, bargain,er sell, to the sale party of tan first part granted, sold and conveyed, and by a prese all thin rant, described lot . convey ended confirm, confessed,.untrt, his heirs and, utlgns **.trey end parc.lunto the add party e, the g Ind being In tan or parcel of land, and its, lying ty r; y of I'I ABID ands fADID r tANPART) I . O li�TT mAa �'� IN li W Nagai , NEi'7 CT;TTLX, 00 81647 ' �,.� also known n street motor 0023 SLIPPY LANK .,,. or 1n anywlw aynertsi nl ng end i rtenanees thereto belonging,. _ . r eversionNER w d all and *, singular and and r.as1r ter am appu profits thereof; andel all the *state,. right title.; partyof the first, part, either in law er equitY,of,'it and to, the ,Sv ___,,•=......., th. reversion and reversion*, remainder end reamlftdera, .rant a, issues and Dr 11 above bargained id pre iden, tth thevhr of the said n ulth tan appurtanancsa,,unt o " sed party o} seam* TONAVE0 10 00( with .td premises ably and gal. d andcsa. w 1�3[ TO NAVE AND TO Hao the said premises above bargained and Msarlbd, rt, his heirs end 1..t p the second part, his heirs and covenant, grant, bargain,an agree forty of and with first part, for said party of theeesecondt part, heirs e es olommlao♦ .ndoi gno,o lhattatr t dose oftho se and t. assigns, that at od thee of perfect, absolute ends indefeasible *state of inheritance,. In law, in fee stint,. andvhas good conveyed. f •c of good, t.afut authority bargain, sell and convey the same In manner and form es aforesaid, and .,O tat lull at ars fad land omto form, _ ' S ' .Aar that the same are free and *loan from all former and other grants, bardeltr; salsa, diens, taxes, assessments end �' �w..� emmtebrencec of whatever kind or nature sower) iA " RESsti TRICTIONS,PT COVENANTSCTARESOAam 1S FCR SEAR 1997 1.00 FORTH ON ATTACMEDENTN EARS, AMD EJECT TO EASEMENTS, -RESERVATIONS sea o of the second part, his heirs and S remises in the quiet and peseta,* ,assastion of said partynd thereof, the said party ���� and the agave bargained P person or persons lawfully claiming or to claim the drove or any W of tow .ramp til and every pt . ral the of the first pan shall and will WARRANT AND FCREVE0. D':FEID. The sing`I ar number shall include the Ptunt, e }pot above '` I singular, and the use of any gender shall be applicable to all geode IN WIIKESS 0000(0F, the said party of the first part has heretnto set his hand and seal the day and yearas F written. f f, !SEAQ;;:. D•LIABILITY COMPANY MAL a :x fed+'I LSoylKr l29rd1997�' k t �Tfis forapotng tlnatrvmartt wt eekrtowladgd befDre aK an this dry of �� ��t -. r ��� L7A8� �FSNLUti&9 L,SLSIT7ID br, 0± y gni A3 wje or WI�IVUR CB C�tRBS� 14!'4.1 A OCQ+ORADO it he p� �y� 4r LIABILITY, CO '' sr1 fl �f A ij,r z.;r_. 5_ .gi : :L,;' , i.. a.ts ai {My coral 561 on expires.', ��(Ia� ry witness M had and offic 51 o6el JANICE V.JOHNSONI NOTARY PUBLIC ;STATE OF COLO ne Vel WARRANTY DEED ' For7Photegraphi Record 4' Eon' w-4, 21952.221952: „ 1 221952 s`1'.f: r`}�:,t, r �a RA r $ :; * � .s CI SISCTION "S r; . •WN$ �_ S0, H,i ..� A TRACT QW LTND 8 T� ' AAIt(( ", tiwTH.91 ,WSBT Qp,4THB rSDkSCyty SN lOYFICR Op $ �3ARFI8LD fi `pothyy 'i `myxf: °0l -,!+AND !poor ,� pxk,360 A / 8; rDB '� SSS, BRR ANP 1tsCORI? FOLLON ?�,p XMC LILLY DSS I kit. ON .f , +S6UT3d8RLY pIG »OP.WAY, 08 a ON, 5 4t# $.G0NNING ,AG<) fitif o >s,R'HR IA S8 rI»70`;iPRON'1'AC�B ROAD,oN3lBNCB°TH$s' 1/4t C0�{NBR.wQ long L143O DEGRB$S'4?r,r523137,4 FlilET1�rr' ,THBNCB N C77 :Q8CRSIS ,06a , dTHBNCS; 44,0,,,,7,7,::MORS; 0,9a 30 Bt' lOt'22''FBET THBNCB 45 0,15$4RBUS,'50, 400 2!$,.19$ 13 FE Tr :THENCS,0,Stl9.DEGR819 'O6"' 0 SET ' '''TNUNC8 }0'�BGRB85 QQ d3 1308 illiENCir'01k84 DRGR888 37 8. W. Ox PSBT THENCE to DaaRB$�49 " h8376rFBBT �i1�`;frr;HINCB s /89"DBGRSB81 *AO 4LW. 143 *9;ix 88 :TCEr.S Er46DSGREBS 31.E ,1614143:59 EINE I. 'THENCE 9.';:,.:15 .DEGRSTS<13,04 ' S : ;THHNCBSs«;89-DEGR8H8<074" W 2 M38�881 ,y/PHBNCBAN0 DSGR883�3f � 59944 9'.42Nrt ♦ ::! f - E yf b ! i"•41 li"a l $�I'j 4r ` h y. C0t7NTY 0F.'GARPISLD'�.a OF C1,LORAAQ+ STATE } �i r 'fit s 1l a rSK�w A� e� xxl AXA TRACT 4 ADAIR RIPPY SXSMPTION� RSCORDSD JUNE 1.::,1995 AS .. t ... 7 ist.' SECSPTI0N N0 111111111111111111 IIIII I ItL ILII 111111 III Ilill IIII 1111 014 04/30/1007 04.15P 01017 P170 432 7TC 2 •f:3:'R, 10;00 D 34.SO.M 04N DRRF , , • • sxsisIT ..,iriis 777 (::: :::::0:,,.0R,,.:711ND - 4 4.' '. ',,' PROTECTION , ' SOIL ' CONSE SERVICE OR STREET, ItiPR074:1!1,47,,,,,A.,,P:6,14:'-' .1' INCILUS IONS IN GENER Ao':qir . SP BC IP IC WATER', CONSERV t : _,R , 140,41 4,1N,•,,Ctopyli I 0NiINNY,r: : WA Tf i!,,,z, AN .., .,. • : ' . ' ' . : , . , , , .', '-'' ' ' . ' ':;'-:.-r'-: ': 'V, ''J 'f.,..1'-;'' . .V''. .,140 •k. i ,,,.. , ' l't'' , ''.." ii4. 4.1-itnts,k5ixii.,1 Pt. , r• ', 8XTPC GHT OF ' PROPRIETOR OP A , VE IN OR LODE , 124.3TRATB., oitr. s,, pssrlz. SEP RVED ` I N- ;UNTHITED"ANSTEATBEESAR, 7Pr712NT3 w' 4,1,R118PC903RDlatig,s; Nocge,ttb1.3;17-,1wR3 'hilt, 4,,,F„ei,831,:r0;1002 'AAIAT PAGE:;79'10139911PPia4'.,;*Iffig41,5PV, 1AlsiSIZRERFsRE.OM ' SHOULD , b-.'''' ' ' ' airRucTsp BY,. • .1itmiciitt`4.07‘ t1i8!:,4 4' . T HES OR. '.;,:.,; 4 il,it1HT: OP :WAY FOR Pi c ' • .t.A24‘ Arrit CINTTATtiri 2T3 ' :.:-:UNITED STATES AS RES RAVED. q44.:106#yRECORD193414P"' 01 IN SOOK,, 12 ' ,?tT,;,p,9:14.7y,..,-;•.,„.7:„,,,,.,!eiltiv42,,AI•141# ,,,,,04,.; --10.107ki.o.,,,,.*, ,'IAND• - Cciibi'noNe.As„.cpri+4ror ) g IN, BOOR: TERNS AND . CONDITIONSISONTANEDI A -vr , CONDITIONS g; PU RD I * 112: 'o3WT,14.,:li s00x„42o„,ATi::,.,p,Acjk,.el.q:',Lkrn,Aae'A';'' 13°. iytt,AP.30,194 f$DOCUMENT. RE CORDED:. AUGUS Tip 9 9 4.,IN kBOORk 9 1 3 4ATIP,AGE .t.2 9 TV EAS SMENTS FOR,. WATER 7 L 114E.AS ZCONTAIRE/1TI),4, EED7RSCORDSDY ,,. • EASEt4ENTS ' AND ;,.RIGHTS • OPI NAV% owTsp4go.t. .s . iysmt.co 1 ; . T IONS TA 9 2 7 07 4 ., RECORDEDIAUGUST, Z49 9 21 OMMASI:::::::14'OLUTION;-- 14,,, 4 il 3:973.iy.4 .,. ;TERMS AND ,. COND I TION 9 'O,I'' GARF I ELD CO .'‘ •,' ' `:, i)300 K„.. .:43i 9 ;?‘7.,FAG.,$, 5 99A(PPE01S,,,: '"! ,,,..4., ,' EASEMENTS , ' RIGHTS : gr,,wAYfANp °mine. : .7sSIPiltssszixos-xnpNTss,,INAy4.P1.,04.:,r ,i,,o,p.,,t,,,,(4t,,,T,f),6,,-4•0,iiis,t-JAVO,,ipoolti4,0& , ..#•? — i " 49954:As • : csser,I914.,m.o,, V 813,; 4 iTERMSCONDITION,SAND;TROViSIONROF,PARIII.ELD.,:g0T.INTXPR LUtIOW,9', ?..1?:::1'14, 4,i7,,A44.',..0•, V.OP; MO. ADAIR'.' pa P PV,EXEMPTIPRECO 1,,SI,OriflAY49'1'::WV.'',,...41,14.,_ii.V4014;•,, . ..,i1. : . t W:,,,' ,',''' ' - 14, l'' ''''.4 ..''.."". -",4',A'-t! ': RE STRICT IVE,:, COVENANTI rn,,I.WE;31,4743,131x043:.114.70T1i4,.;tocNT014EINI3,,,31a,:Fri,047,3J31.,:frR9397,,',P;;;‘,R,,,,i1214.,,EVItoEir9.0.4p,f, CLAUSE , AS ,,CONTAIWW: 743.;;;Aili!"44:4't1W4441.1t4 • " ' ',TERMS : AND COND IT I ON S -;;0 WELL% AND1NATEA 'COVENANTS:`. RE cFiapgri ",.t7UNE 41.1 119 9 5 .4IN, BOOK942 AT PAGE751-:‘..Z,;:,:i...0:1;V:$.\1'f,.;:' '4 .-'AT , ;`, • •;`, ii$4 e4/3e/l9 41P t�i7 P171 432 3 of 3 R 34.80 N,s.es sc.t,srz,„ courir4 frit «:0 Thermogas Company 0 n 0 autj nate 01. iaa3 S9 0 0 0 0 0 amiu a:}uoxj . SE 8 9699 BRIGHTON III POST OFFICE BOX 280 HENDERSON, COLORADO 80640 87-9700 FAX (303) 287-2505 tI Thermogas Company June 13, 1997 GARFIELD COUNTY PLANNING DEPARTMENT 109 EIGHTH STREET, SUITE 303 GLENWOOD SPRINGS, COLORADO 81601 To whom it may concern: Regarding the enclosed application for a special use pennit, we have included the following: • Assessor's map showing property location. • Proof of ownership. • USGS map for further clarification • Drawing to scale depicting adjacent properties, buildings, etc. Additionally, our proposed hours of operation will be 8:00 AM to 5:00 PM with occasional weekend and after hours use. Vehicles will probably not exceed four, and the only structure will be a small loading dock, made of non-flammable materials. There will be no need for sewer or water, and road access is already available. Below is a list of property owners with common property lines: • Pauline Rippy 103 Rippy Lane New Castle P.O. Box 1207 Glenwood Springs • Geneva Bailey 054 Rippy Lane New Castle P.O. Box 460 New Castle • Joseph Abbot ( Colorado Cedar Sellers) P.O. Box 1154 Eagle Thank you for your consideration. If you have any questions, please call our Glenwood Springs office at 945-2474. Sincerely, David R. Thomson District Sales Manager 9699 BRIGHTON ROAD POST OFFICE BOX 280 HENDERSON, COLORADO 80640 (303) 287-9700 FAX (303) 287-2505 (".. JS: 44 FAX SOn28?2305 • PUBLIC NOTICE • TAKE NOTICE that TIiERMOGAS COMPANY has applied to the Board of County. Commissioners, Garfield County, State of Colorado, to grant a Special Use Permit in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit "A" Practical Description: Located at 0023 Rippy Lane. Said Special Use Permit to allow the petitioner storage of not more than 30,000 gallons of LPG. All persons affected by the proposed Special Use Permit are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly ifyou have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Special Use Permit. This Special Use Permit application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m, Monday through Friday. That public hearing on the application for the above Special Use Permit request has been set for the 28th day ofJuly, 1997, at the hour of 3:00 p.rn., at the office of the Board of County Commissioners, Geld County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Nanning Department Gar.1eld County 1 Thermogas 7/28/97 SUP This application is for a special use permit to allow the storage of up to 30,000 gallons of LPG on a tract of land that is approx. 4 1/4 acres in size located west of new castle on the south side of the I-70 frontage road. The vacant Rippy construction office occupies the easterly portion of the tract, the storage use would be on the westerly portion. Adjacent land uses include residential, agricultural and commercial. The storage that thermogas is proposing would occupy approx 1/2 acre with one tank having a capacity of 30,000 gallons with associated storage of smaller tanks having a capacities ranging between 124 and 1000 gallons. Additional storage would allow for on-site parking of the delivery vehicles. Hours are proposed from 8 a.m. to 5 p.m. and occasional weekend and after hours operations are expected. The tract was created as an exemption parcel, which had conditions of approval attached. It appears that those conditions have been satisfied; however, protective covenants also govern the tracts, where not superseded by county zoning regulations. In terms of zoning, the tract is zoned Commercial limited, which allows storage as a special use. As the Board knows, all special uses are required to meet certain standards for water and sewer, access and mitigation of impacts to established neighborhood character. No water or sewer usage is proposed by the applicant; however, staff suggests the on-site provision of portable toilet facilities for the delivery drivers. The southerly I-70 frontage road would provide access and appears to be quite adequate. This access is considered arterial, thus the storage of materials must adhere to these setbacks. Additionally, there is an existing gate into the site that is aligned with the rest of the perimeter fence, I do not know if there is adequate area for all trucks to safely pull completely off the roadway before unlocking or opening the gate. Therefore, staff suggests the gate be modified to allow for this access. In terms of maintaining the neighborhood character, the application does not contemplate use of any mitigational devices. Earlier I mentioned the protective covenants that govern these parcels, which set forth the use of grass in setback, unimproved and disturbed areas. The covenants additionally require sight obscuring fences for this type of use. In conjunction with the covenants, the zoning resolution provides that the Board may require additional landscaping to reduce visual impacts. In staffs opinion, there would be visual impacts associated with this use and the Board should require landscaping to be installed and maintained. Finally, regarding fire protection, the storage use would be required to meet all state, federal and county regulations and staff suggests an emergency mitigation plan be developed and submitted to the local fire protection district and the county office of emergency management. Staff also suggests the site conform to Garfield county wildfire mitigation policies. Based on this analysis, staff recommends approval, pursuant to the listed conditions. 41-,..1.6 !�. Ppm k. /2 r. /.ALL 6 " y