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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.13.2018BOCC Hearing — Exhibits Cappo — Contractors Yard, Small - Administrative Review Call -Up Applicant is Cappo Properties LLC August 13, 2018 — Continued From July 23, 2018 (File GAPA-02-18-8603) Exhibit # Exhibit Description 1 Public Notice Information Form 2 Return Receipts from Mailing Notice 3 Garfield County Land Use and Development Code, as amended 4 Garfield County Comprehensive Plan of 2030 Application 5 6 Staff Report 7 Referral Comment - State of Colorado Hazardous Materials and Waste Management Division, Dated May 23, 2018 8 Referral Comment — Garfield County Road & Bridge, Dated May 24, ')n1 Q 9 Referral Comment — Garfield County Public Health, Received June 14, 2018 10 Referral Comment — Resource Engineering, Dated June 13, 2018 11 Referral Comment — Garfield County Vegetation Management, Dated June 19, 2018 12 Public Comment — Matt and Debbie Davis, Dated June 18, 2018 13 Public Comment — Dennis Fox, Dated June 19, 2018 14 Public Comment — Cecilia Hadley, Dated June 17, 2018 15 Public Comment — Dave Heyliger, Dated June 14, 2018 16 Public Comment — Howard and Pamela Irion, Dated June 12, 2018 17 Public Comment — Charlotte Lueders, Dated June 10, 2018 18 Public Comment — Rick McClellan, Dated June 7, 2018 19 Public Comment — Pat and Jim Price, Dated June 16, 2018 20 Public Comment — William Stark, Dated June 14, 2018 21 Public Comment — Sue Tarbell, Dated June 19, 2018 22 Public Comment — Jackie Sweeney, Dated June 17, 2018 23 Public Comment — David Tarbell, Dated June 19, 2018 24 Referral Comment — Colorado Parks and Wildlife, Dated June 20, 2018 25 Referral Comment — Water Quality Control Division, Dated June 20, 2018 26 Public Comment — Carolyn Strautman, Dated June 20, 2018 27 Public Comment - Walt and Joan Posluszny, Dated June 20, 2018 28 Public Comment - Bill Deter, Dated June 20, 2018 29 Public Comment - Corey Madsen, Dated June 20, 2018 30 Public Comment - Tony de Moraes, Dated June 20, 2018 31 Public Comment - Tisha Neuman, Dated June 20, 2018 32 Public Comment - Jeremy Joslin, Dated June 20, 2018 33 Public Comment - Travis Peterson, Dated June 20, 2018 34 Public Comment - Robert Stull, Dated June 21, 2018 35 Public Comment - Jess Westley, Dated June 20, 2018 36 Public Comment - Rodney Naylor, Dated June 20, 2018 37 Public Comment - William and Charlotte Zilm, Dated June 20, 2018 38 Public Comment - Martin and Carly Madsen, Dated June 20, 2018 39 Public Comment - Ted Mernicki, Dated June 19, 2018 40 Public Comment - Scott Nelson, Dated June 21, 2018 41 Public Comment - Antonio and Tammy Antunes, Dated June 16, 2018 42 Public Comment - Colt and Kim Cornelius, Dated June 21, 2018 43 Public Comment - Austin Schlepp, Dated June 21, 2018 44 Public Comment - Sharon Anderson, Dated June 21, 2018 45 Public Comment - Alex De La Garza, Dated June 21, 2018 46 Public Comment - Loyal Leavenworth on behalf of William Stark, Dated June 21, 2018 47 Updated Mineral Research from Applicant - Dated July 2, 2018 48 Information Regarding Domestic Treatment Works Closure at Wastewater Treatment Facilities 49 Public Comment - Dan and Cheryl Ackerman, Received July 5, 2018 50 Referral Comment - Glenwood Springs Fire Department. Dated July 3, 2018 51 Public Comment - Tammy Merinicki, June 21, 2018 52 Additional CDPHE Information 53 Updated Public Comment - Rick and Nancy McClellan, Dated July 9, 2018 54 Updated Public Comment - William Stark, Dated July 12, 2018 55 Public Comment - R. Scott Fifer, Dated July 13, 2018 56 Letter of Authorization from Applicant 57 Additional Public Comment Signed List from - Multiple Property Owners, Submitted July 19, 2018 58 Public Comment - Nolia Spry, Dated July 20, 2018 59 Public Comment - Donald Tapp, Dated August 2, 2018 60 Public Comment - Jenni Fautsko, Dated August 10, 2018 61 Record of Site Visit to Applicant's Property - August 9, 2018 62 Public Comment - Dave Heyliger, Dated August 13, 2018 63 Public Comment - Jackie Sweeney, Dated August 13, 2018 EXHIBIT G _ Cappo - Small Contractor's Yard GAPA-02-18-8603 July 23, 2018 - PW PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION ACRES ZONING STAFF RECOMMENDATION Administrative Review Call -Up — Land Use Change Permit — Small Contractor's Yard Cappo Properties LLC. Jason Neuman and Rich Carter The property is located approximately 1.15 miles south of the City of Glenwood Springs along County Road 117. The 16.66 acre parcel is located within Section 34, Township 6 South, Range 89 West of the 6th P.M. The Assessor's Parcel No. is 218534300023. 16.66 Acres Rural (R) Denial I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for a Small Contractor's Yard of approximately 3.45 acres in size occupying the northern portion of a larger 16.66 acre property. The Contractor's Yard includes the proposal for an approximately 13,000 square foot storage building. The access driveway will be located off of County Road 117 and the applicant has indicated that it will be upgraded to meet County requirements. Water and Wastewater will be handled by the City of Glenwood Springs via the Sunlight View Water and Wastewater Company. The applicant provided the following general description: The location of the storage areas for the small contractor's yard has been specifically placed in an area that is nearly hidden from the public eye. The proposed structure for this project will visible from the main entry to the site... although portions of it will be hidden be existing and newly proposed trees. The proposed storage area is located approximately 15 to 25 feet below 4 Mile Road and behind heavy existing tree and shrub vegetation. Access to this site will be from two existing locations... at the north end of the property as well as the middle section (both directly off 4 Mile Road). There are no existing residences that have a direct line of site to this proposed area. As required by the Land Use and Development Code, the application was originally scheduled for an Administrative Determination by the Garfield County Community Development Director. Based on extensive public comment, the Director determined to refer the application to the BOCC for their decision. II. DESCRIPTION OF THE SITE The site is currently undeveloped. Most recently, it was used as part of the wastewater treatment facility. This includes the use of two wastewater ponds that are no longer operational. A substantial amount of the wastewater lagoon soil has been removed as indicated by the applicant's submittals. The applicant plans to locate the Contractor's Yard below the grade of the adjacent County Road. There is existing vegetation on the property, particularly deciduous trees along the north western lot line. There are significant slopes on the site, particularly on the eastern edge of the parcel. Location Map 2 Aerial View of Subject Parcel Approximate Location of the Contractor's Yard Wastewater Ponds No Longer in Use 3 SITE PLAN !9Ti LEMMA . 164. T,. .1701.w-1 DK ,,•••••1.1.11,,4•01 ■'.V _•!. •. M ••••••••••• .w. ;r m..••.•• .o,..... i F.0 b 5`e(tion 1 4ro.ir I, 32-,. I - lave. 2 1. -• •a•• _.:.. �1_.� k• 4 • w•�a.aa III. APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designate a Small Contractor's Yard within the Rural Zone District as requiring Administrative Review. Article 15, Definitions sets forth the method for measuring the size of a Small Contractor's Yard Area (5 acres or less), measuring around the perimeter of the Contractor's Yard in a box or series of boxes. The Applicant's proposal is approximately 3.45 acres for a Small Contractor's Yard based on this measurement methodology. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. Section 4-103 and Section 4-112 of the Land Use and Development Code allow for the Community Development Director to refer the application to the Board of County Commissioners. D. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. In addition, the Contractors Yard is subject to Section 7-1001, Industrial Use standards. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. IV. PUBLIC AND REFERRAL COMMENTS Because the application was referred to the Board of County Commissioners by the Community Development Director, notice was provided by the County based on the application materials provided by the applicant. Referral comments received on the Application are attached as Exhibits and summarized below: 1. Garfield County Consulting Engineer, Resource Engineering (Exhibit 10): - The second access point on the north end of the property should not be utilized for the project, although it could be maintained as an emergency access. The southerly access should be enlarged to the north and configured to be more perpendicular to CR 117. - The road appears to meet the criteria of Table 7-107 for semi primitive road - No identified need for improvements to CR 117 - Geotechnical study is appropriate for the structure - The applicant should provide evidence that the site has been remediated to CDPHE standards and/or that CDPHE has approved the permanent closure of the former wastewater treatment site Comments addressed a variety of other technical issues. 2. Garfield County Road and Bridge (Exhibit 8): - Recommends that only one access be used - A driveway permit from Garfield County Road & Bridge is required 5 3. Garfield County Vegetation Management (Exhibit 11): - Requests that the thistle on site be removed and taken to a landfill as soon as possible to prevent seed dispersal. - The applicant should provide a weed management plan that will address how they will manage noxious weeds going forward. 4. Garfield County Environmental Health (Exhibit 9): Indicated that proper storm water management practices should be implemented during construction and operator should adhere to recommendations outlined in the Mountain Cross Engineering Drainage Report Hazardous Materials should be stored properly on the site - If there is a disturbance of the current location of the sewage lagoons, the operator should ensure the remaining sludge is disposed of properly to prevent groundwater contamination or worker exposure 5. Colorado Parks and Wildlife (Exhibit 24): - No concerns identified 6. Colorado Department of Public Health and Environment - Water Quality Control Division (Exhibit 25): - No comments 7. Colorado Department of Public Health and Environment — Hazardous Materials and Solid Waste Division (Exhibit 7) Finds the use of the property as a Contractor's Yard Acceptable Requests that the owner/contractor maintain good housekeeping practices with regards to storage onsite 8. Glenwood Springs Fire Department (Exhibit 48) - Requests to review final plan for roads - Placement of fire hydrants and sprinkler systems may be a factor 9. Other agencies that did not submit comments include: City of Glenwood Springs, Holy Cross Energy and Xcel Energy Public comment: Extensive public comments have been received on the application, both in favor and opposed. Those in favor generally identify the qualifications of the applicant, the good location of the site with regards to screening, and the minimal impact of traffic. Those opposed generally identified compatibility issues regarding a commercial use in a residential area, lack of screening, heavy truck traffic, and access to the property. All received public comments have been attached to the Staff Report as Exhibits. 6 V. STAFF ANALYSIS Article 7, Division 1: General Standards Section 7-101: Compliance with Zone District Use Regulations The property is in general compliance with Zone District Regulations for the Rural Zone District. The Contractors Yard application is requesting a reduction in the Industrial setbacks and storage standards of 100 feet. The Waiver request is discussed in the Industrial Standards section of this Staff report. All other zoning parameters have been met or will be required to be met for the Rural Zone District. Section 7-102: Compliance with Comprehensive Plan and IGAs The site is identified as Residential High with a suggested density of 1/3 to 2 acres per dwelling unit. No residential units have been proposed on the site. Excerpts from the Garfield County Comprehensive Plan show a description of the Residential High district. LAND USE DESIGNATION Residential High (RH) DESCRIPTION Criteria for determining RH density within the allowed range will be specifically determined by the Planning Commission and will be based on "degree of public benefit", considering factors such as: arnount of affordable housing including a mix of housing types, amount of parks/trails/ open space, energy conservation, fiscal impacts on the County, preservation of views, providing for schools and other public needs, etc. COMPATIBLE ZONING Residential Suburban (RS) Residential Urban (RU) Residential Mobile Home Park (RMHP) Planned Unit Development (PUD) Relevant goals and policies from the County Comprehensive Plan are outlined as follows: Chapter 3 - Section 4: Economics, Employment and Tourism Goal: Maintain a strong and diverse economic base (for both employment and income generation). Policy #3: Garfield County will encourage the development of a diversified industrial base recognizing physical location -to -market capabilities of the community, and the social and environmental impacts of industrial uses. Policy #5: The County will direct industrial developments to the airport center and other appropriately designated areas. Strategies/Actions #4: Ensure that commercial/industrial developments are compatible with adjacent land uses and preserve the visual quality of the county. 7 Glenwood Springs Urban Growth Boundary Residential Medium Subject Parcel Residential Medium High Residential High Policy #5 does not support the proposed application. It states, "The County will direct industrial development to the airport center and other appropriately designated areas." It is staff's opinion that the proposed project is not in an appropriately designated area and it is not located in the airport center. The parcel is designated as Residential in the Comprehensive Plan and surrounded by other residentially designated parcels. The Comprehensive Plan has areas designated as Commercial and Industrial, both of which would be more appropriate for a Contractor's Yard. The nearest Industrial designation for a Comprehensive Plan parcel is the Cattle Creek Road intersection with Highway 82. As stated in the Comprehensive Plan, this is a more appropriate area for a Contractor's Yard. The Residential High designation does not indicate that Contractor's Yards would be an appropriate use. Alternatively, Industrial designations are defined as follows in the Comprehensive Plan: LAND USE DESIGNATION DESCRIPTION COMPATIBLE ZONING Industrial (I) Indoor manufacturing, outdoor equipment storage, business parks, energy processing and uses that produce odor, noise, light, and/or emissions. Industrial (I) Planned Unit Development (PUD) Additionally, it is staff's opinion that the application does not meet Strategy/Action #4 8 regarding compatibility with adjacent land uses and preservation of the visual quality of the County. Further analysis on Compatibility is provided in the following section. Section 7-103: Compatibility The application includes the following description of the surrounding land uses with regards to compatibility. This project is compatible with all adjacent land uses. Current adjacent land uses are all residential... although very few and scattered in relation to proposed location of project site. Due to the location of the project (terrain and natural shielding), none of the adjacent residences will have a direct view of the proposed facility. Below is an aerial view of the subject property showing nearby residences. Approximate Location of Contractor's Yard 2 1 85 34300 010,' 21 653'4300005 21853430,'018 Section 7-103 requires the following: "The nature, scale, and intensity of the proposed use are compatible with adjacent land uses." The LUDC further defines Compatibility in Article 15: Definitions as: "The characteristics of different uses or activities or design that allow them to be located near or adjacent to 9 each other in harmony. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development." The proposed use benefits from the topographic and vegetative characteristics of the site with regards to screening. The main location for outdoor storage as identified by the Applicant's cross-sections, will be located at a minimum of 10 feet below 4 Mile Road. Additionally, there are deciduous trees that will help with screening that border the County Road. The Land Use and Development Code limits the structure to 40' in height and as such the structure will likely be visible from surrounding properties. Graphic provided by applicant showing topography screening Refer to 4-203 F B for set- back narrative and Land Use Change Permit Applica0on for waiver request on set -back requirements i Proposed Structure Proposed Storage Yard Road RoadY Refer to 4-203 F B for set -back narrative and Land Use Change Permit Application for waiver request on set-back requirements Refer to 4-203_0 B for set -back narrative and Land Use Change Permit Application for waiver request on set -back requirements 6.:0 Proposed Road Storage 'lard 6146 There is significantly less screening on the southern portion of the property. Drivers heading north on County Road 117 will be able to see a significant portion of the site. If the board chooses to approve the application, staff has included a suggested condition of approval that additional vegetative screening be put in place near the access point to the parcel. As indicated in the applicant's engineered traffic study, there will be approximately 52 10 daily trips both in and out from the facility, with eight during the morning peak hour and nine during the afternoon peak hour. The applicant's traffic study indicated: Based on these results, development of the Cappo Properties Shop Building project is anticipated to generate a very low traffic volume. When distributed and assigned to the surrounding public streets and intersections, a negligible increase in traffic volumes are anticipated. It is expected that the surrounding street network will successfully accommodate this project traffic volume. The engineer's summary states that some traffic will be assigned to surrounding public streets and intersections. However, based on Four Mile's characteristics and restricted entrance point, it is likely that much of the traffic will mainly be using County Road 117. Garfield County Road and Bridge counts from the bottom of Four Mile Road indicated that in 2014 there was an Average Daily Count of 2648. The applicant's traffic study indicates that there will be an addition of approximately 52 vehicle trips per day. As such, the proposal will result in an increase of approximately 1.9% of traffic on Four Mile Road. The Traffic Study also broke down the traffic counts at peak hours. It indicated that there would be a total of 9 additional trips during the PM Peak Hour and 8 trips during the AM Peak Hour. The applicant's proposed traffic generation is significant from the site. Additionally, due to the nature of the use, staff anticipates that a higher percentage of the traffic will be generated from trucks. The traffic impact from the site is different than the impact that would come from a single-family residence even if the overall traffic generation was the same. The proposal also includes an approximately 13,000 square foot building within the Contractor's Yard. The application shows screening for the property, however the scale of the structure means that it likely cannot be screened entirely. The height of the structure is limited to 40 Feet in the Rural zone district. While there are other agricultural buildings and some shop buildings along 4 Mile the scale of the applicant's proposal is significant. Proximate uses include single-family residences, which are not as large as the 13,000 square foot building proposed. The impacts from an industrial use are different than the residential use that the Comprehensive Plan designates for the site. More truck traffic will be generated from the site and the scale of the structure is significantly larger than a residence. The definition of compatibility in the Land Use and Development Code speaks to maintaining the character of existing development. Existing development immediately surrounding the property is residential in character. Even the Creekside Assisted Living Facility directly to the south of the property has the appearance of a residential use. While there are some residential workshop uses and agricultural uses along Four Mile Road, those uses are not as significant in scale as what is proposed. The character of the proposed development is larger in scale with more traffic, a larger structure, and outdoor storage. 11 It is staff's opinion that the nature, scale, and intensity of the proposed industrial land use is not compatible with adjacent properties. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The application has proposed a small bathroom to be located in the associated structure. A will serve letter has been supplied by the Sunlight View Water and Wastewater Company. The application was reviewed by the Garfield County referral engineer and no issues were identified regarding water. Section 7-105: Adequate Central Water Distribution and Wastewater systems The application has proposed a small bathroom to be located in the associated structure. A will serve letter has been supplied by the Sunlight View Water and Wastewater Company. The application was reviewed by the Garfield County referral engineer and no issues were identified regarding water and wastewater. Section 7-106: Adequate Public Utilities The Applicant has represented that all necessary utilities are currently in place and has shown the location on the site plan. The site plan was reviewed by the Garfield County referral engineer who indicated that there were no issues with regards to utilities (Exhibit 10). Section 7-107: Access and Roadways a. A referral letter from the County Road and Bridge Department (Exhibit 8) provided the following comments. In reviewing application and doing a site visit, it is our recommendation that only one access be used. The access at the middle of the property is best suited for meeting current driveway standards. A driveway permit from Garfield County Road & Bridge would be required. No other concerns with this application. The application was also reviewed by the Garfield County referral engineer who indicated (Exhibit 10): The project will be accessed from CR 117 at an existing entrance for the property located the southerly end of the project. A second access point is proposed at the north end of the property. The second access point at the north end of the property is not an acceptable design for the proposed project and does not appear to be necessary. The north access should not be utilized for the project, although it could be maintained as an emergency access. The southerly access should be enlarged to the north and configured to be more perpendicular to CR 117 to better accommodate semi -trailers hauling materials and equipment. 12 As a result of these comments, Staff recommends that if the Board chooses to approve the application a condition of approval be included that the Applicant obtain a driveway permit from Road and Bridge and construct any necessary improvements prior to issuance of the Land Use Change Permit. Additionally, a suggested condition of approval has been included that the applicant submit an updated site plan only using the southern access. With these conditions, the applicant has demonstrated legal access to the right- of-way. b. The Traffic Study provided by the Applicant indicates that the Contractors Yard will have 52 average daily vehicle trips. Peak hour trips included a total of 8 in the AM and 9 in the PM. The Application includes the following description of the traffic impacts: Based on these results, development of the Cappo Properties Shop Building project is anticipated to generate a very low traffic volume. When distributed and assigned to the surrounding public streets and intersections, a negligible increase in traffic volumes are anticipated. It is expected that the surrounding street network will successfully accommodate this project traffic volume. Garfield County Referral engineer comments indicated that (Exhibit 10): A Traffic Study was prepared by Kimley Horn and appears adequate for the project. The project would generate 52 average daily trips (ADT). There is no identified need for improvements to CR 117 to accommodate the proposed project. Based on this review, it does not appear that there is a need for improvements to CR 117, beyond what is required by the Road and Bridge Access Permit. Significant public comment was received regarding the traffic generated from the site. This is discussed in the Compatibility section of this report. c. Circulation within the Contractors Yard area is depicted on the site plan. The Applicant has indicated that the access roadway to CR 117 will meet the dimensional requirements outlined in Section 7-107 for Semi -Primitive Driveway Standards. County Referral engineering review indicated that the road design appears to meet the criteria of Table 7-107 Roadway Standards for a semi primitive road. Staff recommends a Condition of Approval that the roads be built to the standards outlined in Section 7-107 and that the site plan be amended to show the removal of the northern access be subject to review by the Garfield County designated engineer Section 7-108: Natural Hazards The Applicant has represented that there are no known natural hazards on the property. A review of Garfield County GIS data does not show any known hazards. There are significant slopes on the site, but the site plan shows that the yard will be located away from those areas. Garfield County Referral engineering review indicated that a geotechnical study should be completed for the proposed structure as it will be built over the existing wastewater pond areas. 13 Section 7-109: Fire Protection The application has been reviewed by the Glenwood Springs Fire Department, who indicated that they would like to review the final plans for the road on the site and that use of the building may require the placement of fire hydrants and/or sprinkler systems. The fire department will review the structure at the time of building permit for fire suppression issues. A suggested condition of approval has been included that the updated site plan for the road is subject to Fire Department review. Article 7, Division 2: General Resource Protection Standards Section 7-201 Agricultural Lands The property is not currently in agricultural production. Impacts to agricultural uses are expected be minimal to none. No irrigation ditches were noted by staff during the site visit. Section 7-202 Wildlife Habitat Areas The application was referred to Colorado Parks and Wildlife who responded that there were no concerns from their office (Exhibit 24). Historically, the site has been used for a sewage treatment plant, as such impacts on Wildlife are anticipated to be minimal. Section 7-203 Protection of Wetlands and Waterbodies No wetlands or waterbodies have been identified on the subject parcel. As a result, impacts to wetlands or waterbodies is not expected as a result of this proposal. Section 7-204 Drainage and Erosion The application included a Drainage Report prepared by Mountain Cross Engineering. This included both hydraulic and hydrologic drainage calculations. The report was reviewed by the County designated engineer who stated: The storm water flows calculated for the property are reasonable and the grading, drainage, and erosion control plans address the estimated storm events. Garfield County Environmental Health included a comment that the operator should adhere to the recommendations outlined in the Mountain Cross Engineering Report or as updated. If the applicant disturbs one acre or more, they may be subject to a CDPHE National Pollutant Discharge Elimination System Permit. Sections 7-205 Environmental Quality While the impacts to air and water quality are expected to be limited to typical impacts from motor vehicles and storage uses, the property was used as a wastewater lagoon for a sewage treatment facility. The applicant has supplied a variety of information indicating 14 the remediation work that has been done on the ponds. Largely, this has included the excavation and removal of material from the pond location. The applicant supplied a report from an environmental consultant that indicated, based on their observations that any remaining pond sludge appeared to be residual. The application was referred to multiple Departments within the Colorado Department of Public Health and Environment (CDPHE). Comments were received from the Solid Waste and Hazardous Materials Management Program, who indicated (Exhibit 7): The Hazardous Materials and Solid Waste Division (Division) of the Colorado Dept. of Public Health and Environment finds the use of the property as a contractor's yard acceptable. The Division requests that the owner/contractor maintain good housekeeping practices, avoiding releases of liquid or solid waste to the ground, and maintaining any cleanup of soils that may be impacted and insuring that any impacted soils be disposed of properly at a properly permitted solid waste facility. All Solid Waste waste regulations that may apply to activities conducted on the property should be followed. Comments were also received from CDPHE's Water Quality Control Division (Exhibit 25). The Division had no comments on the application. Further staff research indicated that the CDPHE does not have an ultimate sign -off for a de -commissioned water treatment facility. Any entity needs to comply with regulations as indicated in the, "Information Regarding Domestic Treatment Works Closure at Wastewater Treatment Facilities" (Exhibit 48). While it appears that significant work has been done in remediating the ponds, staff has included a suggested condition of approval that a qualified professional supply a letter indicating that requirements for decommissioning have been met. The application was also reviewed by Garfield County Environmental Health who indicated (Exhibit 9): Proper storm water management practices should be implemented during construction and operation of the site. The operator should adhere to the recommendations outlined in the Mountain Cross Engineering Drainage Report. If hazardous materials such as oil or paints should be stored on the site, it should be done properly to prevent contamination of the soil and groundwater near 4 -mile creek. It appears from the Environmental Services Inc. report that there is still remaining sewage sludge from the Sunlight View Wastewater Treatment Plant on the site. If there is a disturbance of the current location of the lagoons, the operator should ensure the remaining sludge is disposed of properly to prevent groundwater contamination or worker exposure. 15 Section 7-206 Wildfire Hazards The subject property is identified as High according to the Wildfire Susceptibility Index in the Community Wildfire Protection Plan. There are slopes over 30 percent on the property however, the applicant has sited the Contractor's Yard to not be located on those slopes. The application has been reviewed by the Glenwood Springs Fire Department, who did not indicate any issues regarding wildfire. Section 7-206 requires that if the development is subject to wildfire danger, as this property is, that the roof be composed of a noncombustible material. This has been included as a suggested condition of approval. Section 7-207 Natural and Geologic Hazards See Section 7-108, above Section 7-208 Reclamation This application was referred to the Garfield County Vegetation Manager who indicated that the applicant should cut and remove any thistles onsite as soon as possible. Additionally, Vegetation Management Staff requested that the applicant present a weed management plan that will address how the applicant will manage weeds going forward (Exhibit 11). Review from the County designated engineer requested that additional reclamation and revegetation plans for disturbed areas should be developed. This has been included as a suggested condition of approval. There is soil stockpiled on the site that the applicant has indicated will be used to fill the sewage treatment ponds. This is supported by a grading permit that was issued in 2015 to bring soil onsite for that purpose. Staff has included a suggested condition of approval, that the applicant use weed control and sediment control measures for the piles while on site. Article 7, Division 3, Site Planning and Development Standards Section 7-301 Compatible Design Compatibility issues have been discussed in Section 7-103 of this Staff Report. Because the proposal is limited to one access onto CR 117, the site plan will be subject to further review by the Community Development Department with regards to Site Organization once it has been updated. The applicant has indicated that hours of operation for the site will be 7:00 a.m. to 5:00 p.m. To increase compatibility with adjoining properties, if the Board approves the application, staff has recommended that the use of the property be restricted to Monday through Friday. Buffering will be accomplished by existing topography and vegetation in 16 place. The applicant has also proposed to install additional vegetative screening at the south end of the site. While staff agrees that the site will be somewhat screened by topography and vegetation, the bulk of the 13,000 square foot building will be difficult to screen in its entirety. In staff's opinion, the use will stand out as an industrial development within an otherwise predominantly residential area. The structure and the storage use will likely still be visible from County Road 117. As such, staff finds the design of development associated with the land use change is not compatible with the existing character of adjacent land uses. Section 7-302 Off -Street Parking and Loading Standards The applicant is required to provide seven parking spaces and the site plan indicates that 10 will be available. Section 7-302 (N) requires that any access driveway for an industrial use shall be 24' for a two way drive. The applicant has supplied plans that show the use meeting the minimum requirements of a Semi Primitive driveway as identified in Table 7- 107. This only requires a width of 16'. If the Board approves the application, staff has included a suggested condition of approval that the access roadway be at least 24' in width. Sections 7-303 Landscaping Standards Industrial uses are not subject to specific landscaping requirements of the Code. The applicant has represented the following regarding additional screening: We plan to provide clusters of landscape vegetation. Each cluster will include evergreen trees, aspen trees, boulders and natural grasses that sit on a raised berm... so that it blends -in to the natural surroundings. The evergreen trees will be a minimum of 6' tall while the aspens trees will be between 8' and 10' tall. These trees will sit on a raised berm... which will essentially raise the height of the vegetation an additional 2'. Each cluster will vary in size, with a small cluster being approximately 3 trees (2 evergreens to one aspen) and a larger cluster of approximately 6 trees (4 evergreens to 2 aspen). All clusters will have random sized boulders along with natural grasses scattered through -out. We plan to provide 3 to 4 clusters that are strategically placed to effectively block undesirable sight lines between the properties. Additional landscaping will be installed on the south end of the project for additional screening. Also, Staff has included a suggested condition of approval that the applicant install additional screening directly adjoining the access to County Road 117, as screening is limited in that area. Below are photos of the existing vegetation as provided by the Applicant: 17 18 Section 7-304 Lighting Section 7-304 requires that all exterior lighting meet standards as identified in the Land Use and Development Code. These standards require that lighting is downcast and shielded. Section 7-305 Snow Storage Standards Adequate areas for snow storage are available for the proposed facility. Section 7-306 Trail and Walkway Standards These standards are not applicable based on the proposed use. Article 7, Division 3, Section 7-1001: Industrial Use Standards The Application submittal addresses key industrial use standards from the Land Use and Development Code summarized with staff comments below: A. Residential Subdivision The applicant has requested a waiver from this provision of the Land Use and Development Code and represented the following: The historical use of this property has always been more of an industrial use than a residential use (as the waste water facility for residential properties along 4 -Mile Road). The proposed industrial use of this property will have minimal impact to the existing residential neighboring properties. The proposed plan takes advantage of the natural topography in sheltering/screening the activities associated with this type of use. We feel as though we have demonstrated that this project will have negligible effect on the neighboring properties (Section 4-203.F of the original submittal). We would like to request a waiver from this requirement that states that `Industrial uses shall not occupy a lot in a platted residential Subdivision' (7-1001 Industrial Use) Staff agrees that historically the parcel has been used as a waste water treatment facility. The Land Use and Development Code does not define what it means when a parcel is located in a platted Residential Subdivision. The parcel is zoned rural and as such the applicant does have the ability to apply for a Small Contractor's Yard. Staff has researched the history of the parcel and since, at least 1977, portions of the parcel have been identified as a Sewage Treatment Plant Area. B. Setbacks The Applicant is requesting a Waiver from the 100' setback requirement from an adjacent 19 residential property line along the eastern boundary of the property. The Setback required for Industrial uses is 100' from an adjacent residential property line. The applicant has justified the waiver request as follows: The boundaries of the proposed Small Contractor's Yard fall outside of the 100' minimum setback from adjacent residential properties to the west. On the east side of the proposed Small Contractor's Yard, the boundaries between it and the adjacent residential property is within the minimum 100' setback. This property to the east has a large natural barrier (mountain) between the physical residence and the proposed location of this facility. There will be no visual connection between the physical residence and the proposed contractor's yard (due to the mountain between the two). The approximate distance between the storage yard and the physical residence bordering the east property line is 1,500 feet. A variance will be requested for setback encroachment on east side of the project boundaries (between the edge of the proposed contractor's yard and the neighboring residential property line). Staff agrees and is supportive of the Applicant's request for a setback waiver for the property line to the east. The Criteria for a Waiver request to be approved is: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Propozed Snow -JI t1r�Spn . iws• 11.44e ..., hir.i . x,, ..w 11t.em. Gercel Area where staff suggests Contractor's Yard be adjusted to show 100' setbacks from residential property line to north and west �f• 11 2 mil.,n,de dePk'�nL comp,' name and add.ez dlummszedl 5t, [o be mounle on tun.. b., SV tall 77V4'-;1:::""" Refer,o 4 - back Rat, Chan =Pe reqs reeeRremol Because the residential properties to the east are located on the other side of a significant hill, the location of the Contractor's yard on this parcel does not impact those properties as they will not be able to view the yard regardless of its location. 20 The applicant did not request a waiver from the 100' Setback for this standard on the western property line. This setback requires that the use be located a minimum of 100' from a Residential property line. Because the nearest residential property line is located across County Road 117, the applicant may use the width of the Right -of -Way to meet the setback requirement. However, on the northernmost portion of the site plan, the Applicant shows the location of the Contractor's Yard all the way down to the County Road. This does not meet the 100' requirement for the setback. A suggested Condition of Approval has been included that the Applicant update the site plan to show a 100' setback from the residential property line in this area and to the property to the north. C. Concealing and Screening The proposed Contractors Yard is to be located outdoors and with some storage occurring inside a proposed structure. The property has significant screening from some public vantage points as a result of the vegetation and topography along CR 117. Additionally, the applicant has included the following regarding additional screening on the southern end of the Contractor's Yard: We plan to provide clusters of landscape vegetation. Each cluster will include evergreen trees, aspen trees, boulders and natural grasses that sit on a raised berm... so that it blends -in to the natural surroundings. The evergreen trees will be a minimum of 6' tall while the aspens trees will be between 8' and 10' tall. These trees will sit on a raised berm... which will essentially raise the height of the vegetation an additional 2'. Each cluster will vary in size, with a small cluster being approximately 3 trees (2 evergreens to one aspen) and a larger cluster of approximately 6 trees (4 evergreens to 2 aspen). All clusters will have random sized boulders along with natural grasses scattered through -out. We plan to provide 3 to 4 clusters that are strategically placed to effectively block undesirable sight lines between the properties. The Applicant has also represented the following regarding screening: This property naturally lends itself to screening of this proposed use. As previously mentioned, the proposed building site sits approximately 15 to 25 feet below 4 Mile Road and behind heavy vegetation between the roadway and project site. Refer to Site Plan. Trees will be added to the south side of the entry drive to create a visual barrier between it and the neighboring properties to the south. Also to the south of the entry drive will be a fence for a physical barrier to the property. Refer to the submitted drawings for actual locations. While staff generally agrees that the property benefits from topography and vegetation with regards to screening, based on the mass of the building proposed, it will be difficult to screen the entire use. Additionally, there is limited screening in place on the southern portion of the property. If the Board chooses to approve the application, staff has included 21 a suggested condition of approval that additional screening is put in place in this location. D. Storing The application indicates that storage use will be a minimum of 100' from the residential property line to the west and will be less than that to the east. The applicant has requested a waiver request from this standard, indicating: We would like to request a waiver from this requirement (7-1001d for 100' setback). The boundaries of the proposed Small Contractor's Yard storage area fall outside of the 100' minimum setback from adjacent residential properties to the east. On the west side of the proposed Small Contractor's Yard, the boundaries between it and the adjacent residential property is within the minimum 100' setback. This property to the east has a large natural barrier (mountain) between the physical residence and the proposed location of this facility. There will be no visual connection between the physical residence and the proposed contractor's yard (due to the mountain between the two). The approximate distance between the storage yard and the physical residence bordering the east property line is 1,500 feet. Staff is supportive of the waiver request to the eastern property line as there is a significant natural barrier shielding the proposed Contractor's Yard from view. The application indicates that the Contractor's Yard will be a minimum of 100' from the residential property line on the other side of County Road 117. However, the Land Use and Development Code language in Section 7-1001(D)(3) reads: "Storing. Shall be a minimum of 100 feet from an adjacent property line". This language differs from setback requirements for industrial uses, which allow for the use to be 100 feet from an adjacent residential property line. Staff is not supportive of this portion of the waiver request because of the location of a Contractor's Yard in a residential area. Public comment has been received from both property owners across County Road 117 and both are opposed to the application. If the Board chooses to approve the application and is supportive of the waiver, staff suggests that the applicant update the application to show a 100' setback from residential property lines along the western and the northern boundary. The applicant has indicated the following regarding other Industrial Storage requirements: Storage items that can be easily removed from the property will be stored inside the building. There will be no storage of petroleum or other hazardous materials anywhere on this site (interior or exterior). Products, whether store inside or out, will be stored per all applicable codes. In another section of the application, the applicant mentions that there could be storage of oil. Regardless, the applicant will be required to store any material on site in compliance with all codes and in impervious spill containment areas. 22 E. Industrial Wastes No industrial wastes are proposed to be stored at this facility. A recommended condition of approval has been added that requires adherence to this Code standard. F. Noise Noise generation will need to comply with State regulations. Should future violations be noted the Applicant shall be required to achieve compliance through mitigation or operational changes (i.e. hours of operation, types of contractor uses). The Applicant has stated that the use will conform to State noise standards. G. Ground Vibration No ground vibration is expected outside that created by motor vehicles. H. Hours of Operation The Code requires that "Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7.00 AM and 7.00 PM Monday through Saturday, or as approved by the decision-making authority." The applicant has proposed more restrictive hours of 7.00 AM to 5.00 PM. To further address identified compatibility issues. Staff recommends that the operation of the site be restricted to Monday through Friday. I. Interference, Nuisance. or Hazard The Applicant has represented that the use will conform to the standards for interference, nuisance and hazards. Staff recommends a condition of approval requiring adherence to this standard. VI. OTHER STAFF TOPICS Submittal for Fabrication Facility: In early submittals for the Land Use Change Permit, the applicant indicated that there may be limited fabrication on site including cabinet making, and small painting. This is not permitted without a separate Land Use Change Permit, as identified in Not Technically Complete letters from staff. In the final supplemental submittal the applicant indicated: The proposed contractors yard is for DM Neuman Construction and will be used as a storage facility as needed for this business. Construction materials and equipment will be stored in the yard (vehicles, trailers, equipment, building materials...) as well as other miscellaneous items inside the facility (that require a greater need for security). The facility will only be used/accessed by employees of the company. As such, the applicant has indicated that no fabrication will occur onsite. Any additional 23 use of the property beyond a Contactor's Yard may require additional Land Use Change Permits from Garfield County. VII. RECOMMENDATION Staff recommends DENIAL of the application based on Comprehensive Plan (Section 7- 102) and Compatibility (Section 7-103) issues as well as identified waiver requests from required standards. Suggested Findings for Denial 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Cappo Small Contractors Yard application is NOT in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That the Application does NOT adequately meet the requirements of the Land Use and Development Code of 2013 including, but not limited to, Section 7-102, Compliance with the Comprehensive Plan; Section 7-103, Compatibility; and 7- 301 Compatible Design. 5. That the application is NOT in general conformance with the 2030 Comprehensive Plan, including, but not limited to, Chapter 3, Section 4: Economics, Employment and Tourism, Policy #5, and Strategies and Actions #4. If the Board chooses to approve the application, staff has prepared the following Suggested Findings and Conditions of Approval. Suggested Findings for Approval 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Cappo Small Contractors Yard application is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 24 4. That the Application does adequately meet the requirements of the Land Use and Development Code of 2013, as amended, with approval of the following conditions of approval and Waivers from Section 7-1001(A) — Residential Subdivision, Section 7-1001(B) — Setbacks, and Section 7-1001(D)(3) — Storing Setbacks. 5. That with the approval of the following conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. Suggested Conditions of Approval If the Board of County Commissioners choses to approve the application, Staff has included the following as suggested Conditions of Approval. Conditions Prior to Issuance of the Land Use Change Permit 1. The Applicant shall obtain a driveway permit from Road and Bridge and construct any required improvements prior to issuance of the Land Use Change Permit. 2. The Applicant shall update the site plan to show only one acces onto County Road 117 and to show compliance with required Roadway Widths. This updated site plan shall be subject to approval by the Glenwood Springs Fire Department and the Garfield County designated engineer. 3. The Applicant shall update the site plan that identifies the Contractor's Yard to show a setback of at least 100' from the Residential property lines on the western property line and northern property line. 4. The applicant shall update the site plan to show additional screening on the southern portion of the property so the site is less visible from County Road 117. This shall include, but is not limited to, the addition of two new landscape "clusters" as identified in the application. The clusters shall be installed in compliance with any required sight triangles with regards to the County Road. The landscaping update shall be reviewed and accepted by Community Development and Garfield County Road & Bridge. 5. The applicant shall supply a letter from a qualified professional indicating that the wastewater treatment ponds have been remediated as identified in Exhibit 48 from the Colorado Department of Public Health and Environment. 6. The applicant shall supply a reclamation and revegetation plan for disturbed areas on the property. 7. Thistles on the site shall be cut and removed from the site as soon as possible and prior to the issuance of the Land Use Change Permit. A weed management plan acceptable to the Garfield County Vegetation Manager shall be provided prior to the issuance of the Land Use Change Permit. 25 General Conditions 8. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 9. That the operation of the contractor's yard shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility including, but not limited to, fuel, oil, paints, industrial wastes, and hazardous materials storage. 10. Both water and wastewater for the project will be provided by central services. 11. Prior to operation, the Applicant shall upgrade all roads on site to meet Table 7- 107 requirements for a Semi Primitive Design Standard and in addition, be built to a minimum width of 24 feet as identified in Section 7-302 (N) of the LUDC. 12. Proposed screening landscaping and fencing shall be installed prior to operation of the site. Landscaping shall be maintained for the duration of the use on the site. 13. The site shall be operated as indicated in the CDPHE Referral Comment (Exhibit 7) and Garfield County Environmental Health's Comment (Exhibit 9). 14. Any signage shall be subject to Garfield County Land Use and Development Code requirements. 15.A geotechnical study shall be required for construction of the structure on the site. 16.Appropriate dust control and weed management shall be ongoing for any soil stockpiled on site. 17. Hours of operation shall be 7:00 a.m. to 5:00 p.m. Monday through Friday. 18. The use may only be accessed via the southern access to County Road 117 as indicated on the updated site plan. 19. The operator shall adhere to the recommendations outlined in the submitted Engineering Drainage report or as that report is updated. 20. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. 21. All activity and structures associated with the Contractors Yard, except the access road and landscaping shall be contained within the area identified on the updated Site Plan and shall be at least 100' from the residential property lines located to the west and north of the property. 26 22.AII lighting shall comply with Land Use and Development Code requirements. 27 Site Visit Photos: Site Looking North Excavated Sewage Lagoon 28 View From Approximate Structure Location to Road View North on the Site 29 EXHIBIT I Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. O My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the . day of _ . 20 All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] t;, • Please attach proof of certified, return receipt requested mailed notice O My application required Published notice. Notice was published on the day of . 20_. • Please attach proof of publication in the Rifle Citizen Telegram. O My application required Posting of Notice. Notice was posted on the day of . 20 _. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: 7 r" / Signature: Date: It Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. / Mailed notice was completed on the day of Ti] l , 201t All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records the Clerk and Recorder or Assessor, or through other means [list]Ted' 11 w�p feiSe4ac\r,iefeesemi-,,b'orS ■ Please attach proof of certified, return receipt requested mailed notice. O My application required Published notice. Notice was published on the day of , 20_. ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 20_ Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. 1 testify that the above information is true and accurate. Name: Signature: Date: 11 7014 1820 0001 7468 6937 m r -R u" -u -u r- rR a a ru op U.S. Postal Servicer"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com". GLENWOOD: SPRINGS! CO Posed Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) so. Total Postage & Fees 0538 rl (c{)rrfb�,,���,,., ���YrMpl f. rYO. ���jj!_._ or PO cry, 6rno!& Z P+4r ( t . 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Certified Fee arrr To D so. 0538 /p,\ 02 antis 8 GfrOel A Apr. or PO Box No. City, Shiro, lfPi 4 a � rlr See Reverse for Instructions 1 See Reverse for : nstructions Patrick Waller From: O'Rourke - CDPHE, John <john.o'rourke@state.co.us> Sent: Wednesday, May 23, 2018 1:19 PM To: Patrick Waller Subject: File Number: GAPA-02-18-8603 Review Response The Hazardous Materials and Solid Waste Division (Division) of the Colorado Dept. of Public Health and Environment finds the use of the property as a contractor's yard acceptable. The Division requests that the owner/contractor maintain good housekeeping practices, avoiding releases of liquid or solid waste to the ground, and maintaining any cleanup of soils that may be impacted and insuring that any impacted soils be disposed of properly at a properly permitted solid waste facility. All Solid Waste waste regulations that may apply to activities conducted on the property should be followed. John O'Rourke, P.G. Environmental Protection Specialist Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division 222 South 6th Street, Room 232 Grand Junction, CO 81502 Ph (970)248-7162 e-mail: John.O'Rourke©state.co.us Patrick Waller From: Michael Prehm Sent: Thursday, May 24, 2018 8:16 AM To: Patrick Waller Cc: Wyatt Keesbery; Dale Stephens; Rayjean Roman Subject: GAPA-02-18-8603 Cappo Small Contractor's Yard Patrick, a EXHIBIT In reviewing application and doing a site visit, it is our recommendation that only one access be used. The access at the middle of the property is best suited for meeting current driveway standards. A driveway permit from Garfield County Road & Bridge would be required. No other concerns with this application. Thanks for the opportunity to review. Mike Prehm Foreman Garfield County R&B 0298 CR 333A Rifle, CO 81650 Office 970-625-8601 1 195 W. 141h Street Rifle, CO 81650 (970) 625-5200 Garfield County Public Health Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Dave Pesnichak January 23, 2018 Hello Dave, EXHIBIT 1 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 I've reviewed the application for the Cappo Properties Small Contractor's Yard, and the following comments from Public Health: - Proper storm water management practices should be implemented during construction and operation of the site. The operator should adhere to the recommendations outlined in the Mountain Cross Engineering Drainage Report. - If hazardous materials such as oil or paints should be stored on the site, it should be done properly to prevent contamination of the soil and groundwater near 4 -mile creek. - It appears from the Environmental Services Inc. report that there is still remaining sewage sludge from the Sunlight View Wastewater Treatment Plant on the site. If there is a disturbance of the current location of the lagoons, the operator should ensure the remaining sludge is disposed of properly to prevent groundwater contamination or worker exposure. Thank you, 114. ..idk Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease MEN El RESOURCE ENGINEERING I N C. Patrick Waller, Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs CO 81601 RE: Cappo Properties LLC Small Contractor's Yard Review File No. GAPA-02-18-8603 Dear Patrick: EXHIBIT I0 June 13, 2018 At the request of Garfield County (GARCO), Resource Engineering, Inc. (RESOURCE) reviewed the land use application of Cappo Properties LLC for the proposed Small Contractor's Yard project. The proposed project would remove any remaining biosolids from former wastewater ponds, fill the ponds with clean material, regrade the site, and construct a building to develop approximately 3.5 acres of usable land within 7.7 acres dedicated to the project out of the 16.66 -acre parcel located adjacent to County Road 117 (Four Mile Road) in the Sunlight View Subdivision. RESOURCE's review includes applicable technical criteria and standards in Article 4-103, 4-201, 4-203, and Article 7 of the GARCO Land Use and Development Code (LUDC). RESOURCE's comments are presented below. Sections 4-203(M), 4-203(N), 7-104 and 7-105 Water & Wastewater Potable water and wastewater disposal for the proposed project uses will be served by the existing central water and wastewater systems operated by the Sunlight View Water and Wastewater Company (SVW&WC). A "can and will serve" letter from the SVW&WC dated November 3, 2017 was included in the submittal. The water and sewer main infrastructure is located on site and service lines will need to be designed and installed for service to the building. There does not appear to be any technical concerns with water and wastewater service for the project. Section 7-106 Public Utilities The existing parcel currently has public utilities on the property and/or in the adjacent road rig ht -of -way. Sections 4-203(L) Traffic Study and 7-107 Access and Roadways The project will be accessed from CR 117 at an existing entrance for the property located the southerly end of the project. A second access point is proposed at the north end of the property. The second access point at the north end of the property is not an acceptable design for the proposed project and does not appear to be necessary. The north access should not be utilized for the project, although it could be maintained as an emergency access. The southerly access should be enlarged to the north and configured to be more perpendicular to CR 117 to better accommodate semi -trailers hauling materials and equipment. Consulting Engineers and Hydrologists 909 Colorado Avenue Q7 Glenwood Springs, CO 81 801 lA (970) 945-6777 la Fax (970)945-1137 Patrick Waller, Senior Planner Garfield County Community Development Department Page 2 June 13, 2018 An interior roadway is proposed to serve the project and was designed by Mountain Cross Engineering, Inc. as part of the grading and drainage plans. The road design appears to meet the criteria of Table 7-107 Roadway Standards for a semi primitive road (20 to 100 average daily trips). A Traffic Study was prepared by Kimley Horn and appears adequate for the project. The project would generate 52 average daily trips (ADT). There is no identified need for improvements to CR 117 to accommodate the proposed project. Sections 7-108 and 7-207 Natural and Geologic Hazards There was no report related to natural hazards. The site plan identifies steep slopes that are not usable for the project. The submittal indicates that geological studies will be done for the structure. RESOURCE believes a geotechnical study is also appropriate for the structure, which will be constructed over the existing wastewater pond areas. Section 7-203 Protection of Water Bodies The proposed project is more than 35 feet (minimum setback) from an existing irrigation ditch located on the property. There are no identified wetlands in the project area in the submittal. Sections 4-203(E) and 7-204 Grading, Drainage and Erosion Mountain Cross Engineering, Inc. prepared grading, drainage and erosion control plans and prepared a drainage analysis for the property. The storm water flows calculated for the property are reasonable and the grading, drainage, and erosion control plans address the estimated storm events. Section 7-205 Environmental Quality The proposed project involves removal of any remaining biosolids in two former wastewater lagoons. The SVW&WC consultant (SGM) has apparently characterized and tested the material for removal and disposal. Another consultant, ESI, indicates that any remaining plant sludge that infiltrated below the pond bottom is residual and would be similar or better quality than the material analyzed by SGM for disposal. There is no documentation from the SVW&WC wastewater consultant (SGM) that the site meets the CDPHE criteria for closure or any applicable approval from CDPHE. Once the site is permanently closed by CDPHE, the ponds can be filled in and the property would be suitable for the proposed project. Prior to redevelopment of the site, the Applicant should provide evidence that the site has been remediated to CDPHE standards and/or that CDPHE has approved the permanent closure of the former wastewater treatment site. RESOURCE Patrick Waller, Senior Planner Garfield County Community Development Department Page 3 June 13, 2018 Sections 4-203(F) and 7-208 Landscape Plan and Reclamation An appropriate landscape plan must be developed to address the Additional Standards for Industrial Use (Section 7-1001) related to concealing and screening the property. As part of that plan (generally shown on Site Plan Sheet A1.2), reclamation and revegetation of all disturbed areas needs to be addressed. This is also consistent with the drainage and erosion control plan. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J. Erion, P.E. Water Resources Engineer MJE/mmm 885-90.0 !pH RESOURCE w7.....No� r.. wirr c June 19, 2018 Garfield County Vegetation Management Patrick Waller Garfield County Community Development Department RE: GAPA — 02 —18 - 8603 Dear Patrick, Staff looked at the site and there are at least thtee county listed noxious weeds present: Musk thistle, Scotch thistle and Dalmatian toadflax. The thistle are biennials and will soon go to seed, Staff requests that they be cut, removed from the site and taken to a landfill as soon as possible to prevent seed dispersal. Additionally staff requests that the applicant present a weed management plan that will address how they will manage noxious weeds going forward. Sincerely, , Cf Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456 EXHIBIT g r2, 1 Patrick Waller From: Deb <djodavis27@gmail.com> Sent: Monday, June 18, 2018 4:33 PM To: Patrick Waller; info@dmneuman.com Cc: malt davis Subject: Capping LLC proposed development on 4 Mile Road Dear Mr. Waller, We want to express our concerns about the proposed development by Jason Neuman for a construction yard on his property on 4 Mile Road. We have lived in Sunlight subdivision for 30 years, and have seen the traffic on 4 Mile Road increase significantly over the years. We already have heavy truck traffic with dump trucks and logging trucks, that often using jake brakes and no mufflers. The estimated 50 truckloads per day would add a level of traffic that would cause huge additional safety concerns and quality of life issues for existing property holders. This is a rural residential area, with quiet, large lots. A construction yard and heavy truck traffic would be a huge change in the nature of this area, and would have dramatic impacts on property values as well as homeowners peace of mind. We are also concerned about this traffic flowing down onto Midland, a stretch of road already unsafe due to overuse and lack of maintenance. There is also significant wildlife crossing 4 Mile Road near this property. A commercial development would surely cause harm to many natural habitats. Please deny this request for a change in zoning, and avoid the negative impacts of traffic, noise, dust, safety issues and deterioration of our quality of life. Thank you in advance for your careful consideration of this matter. Sincerely, Matt and Debbie Davis Sent from my iPad 1 Patrick Waller From: Dennis G Fox <dfoxpc@hotmail.com> Sent: Tuesday, June 19, 2018 10:38 AM To: Patrick Waller Subject: Neuman 4 mile road commercial project Mr. Waller, xi EXHIBIT 3 It is my understanding that many of my neighbors up 4 mile rd are opposing Jason's project. But, our family is NOT in that camp. We have also heard from others in the neighborhood that are in favor of this project, but aren't quite as outspoken. I have driven by the location daily since 1983 and the location provides a very hidden yet accessible place for a project such as Jason's. People would not even notice a commercial building - which I understand would be designed to fit in with the ranching heritage in the area by disguising it with a "barn" look. Not much farther up 4 mile road is the Groth Construction site which is highly visible and clearly a construction site. Right next door is the Long property that is also an obvious construction business site - both in the Lazy Diamond A subdivision. Jason's site would be far less noticeable than these sites - hardly worthy of neighborhood opposition considering the aforementioned existing construction operations located right next to 4 mile road. The general public always seems to take the easy approach of just opposing everything until it goes away without any communication with the developer. How many of the opposing people have really done their homework in order to make an informed opinion? Do they know what the alternative residential development potential is with this site? This project deserves better lines of communication from the public. I know Jason would be open to discussion and modifications so as to avoid the look of an obvious construction site. The natural topography of the area serves to hide it from view. What a perfect place for this. We can find so many worse examples every day as we drive to work. Let's make this one work for everyone's benefit. This is not a project that should just be "shelved" without due consideration and flexibility to meet the needs of all. This can be a "win-win" if approached with an open mind and communication. Otherwise, we're liable to get a high density residential complex on this site that may add even more traffic to 4 mile road. --Dennis Fox Patrick Waller From: Cecilia Hadley <chadley37@hotmail.com> Sent: Sunday, June 17, 2018 2:13 PM To: Patrick Waller Subject: Four Mile Road a EXHIBIT Dear Mr. Waller: It has come to my attention that you are considering a zone change for the property Bill Zilm sold to the Neumann's at the location where Sunlight View I & 2 had their sewer plant. This is not the right place for them to establish a business where 50 additional vehicles would be coming & going from that location. My husband & I built a house on the corner of Four Mile & Meadow Wood Rd in 1990. This stretch of Four Mile from Dead Mans Curve to the Bersheni Dip has become nothing but a race track! It has always been a very dangerous area & even worse now since no one has to slow down since they took out a lot of the DM curve. Many accidents have occurred in this area over the years & drivers ignore the no passing stripes & PASS ANY WAY! In fact many landed in my yard over the years. My lawn service men were nearly hit even though they were signaling a left turn into the driveway because so many drivers "put the pedal to the metal" on that straight stretch of the road & keep going. Even the trash service quit picking up my recycles in the winter because, at that particular time of day, with snow on the road, it was too dangerous for the men to get out of their trucks. This is a residential area. Not a commercial environment!!! I have now moved a mile down the road into the Four Mile Ranch area & am so happy to not be right next to the traffic driving too fast up & down this road, but with 50 more vehicles (trucks), it will not take long for the road to deteriorate & the road noise we all hear will be much worse! A neighbors young daughter was at my house a few years ago while her brother was planting a shrub in my yard & commented that it was sure "noisy" on this corner. She lived only two lots into the street. Please turn this proposal down. We do not need more heavy truck traffic. Thank you for your attention to this matter from all of us who have lived in this area for many years. Cecilia Hadley 518 Red Cliff Circle 970-945-7946 Sent from my iPhone 1 Patrick Waller From: heyliger@rockmedia.com Sent: Thursday, June 14, 2018 11:14 AM To: Patrick Waller Cc: dnddeford@comcast.net; 'Jackie' Subject: DENY Cappo Properties Rezoning Proposal Patrick Waller / Planning Board — EXHIBIT I 5 I just now found out that Cappo / Neuman wants to rezone a section of land up 4 -Mile to erect a "small" contractors yard & shop where the old Sunlight View sewer was located. I also learned they want to add another entrance to 4 -Mile at the bottom of the extremely DANGEROUS "Bersheny Dip". I also learned there is no Public Hearing regarding this request (hmmmm.... strange...) — but rather it will be a "Director's Decision" (you guys) for said rezoning request. I and others who live up 4 -Mile strongly oppose this rezoning proposal. The 4 -Mile corridor is RESIDENTIAL... and much of it HIGH END properties who pay a LOT in tax dollars. Placing any type of commercial building sandwiched between Sunlight View, Chelyn Acres, and 4 -Mile Ranch is ludicrous! Then on top of that... adding 50+ daily construction -type trips up and down 4 -Mile (and hence, Midland... the biggest piece of poop in all of GWS) is nothing but a seriously BAD IDEA. Almost as bad as when (you the government) were thinking of placing the FedEx distribution center by the airport. PLEASE MAKE THE RIGHT DECISION AND DENY THIS REZONING PROPOSAL. This type of entity ("small" contractors yard) needs to be placed in proper commercial zoning areas... NOT residential 4 - Mile. I can't even imagine what they (Neuman) are thinking. Really ??? !!! ??? I am pretty sure that an approval by the Planning Board will cause an extreme mass movement by all TAXPAYERS in the 4 -Mile corridor to fight this thing tooth and nail. So save yourself a fight and "do it right". Reject the request. Thanks in advance. Dave Heyliger 35 Deer Park Ct GWS (Sunlight View). 303.933.7300 1 June 12, 2018 Planning Division, Community Development Dept. EXHIBIT We would like to express are concerns on the rezoning request that DM. Neumen Construction Co. is asking for in order to construct a commercial construction facility on four mile road on the old sunlight sewer property he purchased form Bill Zilm last year. We can see this site from are home. We feel a commercial development on this site will bring down adjacent property values. Along with the visual impact of this it will bring increased noise, dust, additional hazards to the already hard to access four mile road. Living in this area for nineteen years I also no this is a natural crossing for wildlife. We ask that you consider the impact this would have during your review and deny his request for re -zoning. Howard & Pamela Irion 0107 Van Dorn. Rd Glenwood Springs, Co. 81601 Patrick Waller From: Charlotte Lueders <fourmilegsco@gmail.com> Sent: Sunday, June 10, 2018 10:43 PM To: Patrick Waller Subject: Proposed Neuman Construction Yard Dear Mr. Walker, EXHIBIT As an immediate neighbor of the proposed construction yard of Jason Neuman on Four Mile Road, I would like to object. This is a residential area, not one for a construction yard with its dust, dirt, noise and traffic. The Neuman company is known for building lovely quality homes, so perhaps some affordable smaller homes and/or duplexes/triplexes which this area sorely needs could/should be considered/suggested. Thank you for your attention. Charlotte Lueders Sent from my iPad 1 Patrick Waller From: rick mcclellan <ricknancymacl@comcast.net> Sent: Thursday, ,lune 07, 2018 9:41 AM To: Patrick Waller Subject: Sunlight Parkway Sunlight Parkway 2nd Amended Plat June 7, 2018 Planning Division, Community Development I just received the Public Notice for the amended Plat of Sunlight Parkway. Unless someone takes the time and effort to go to the website and view the complete application as to what Cappo Properties/D.M. Neuman Construction Co is proposing, they will not realize what the Applicant is asking for and the magnitude of it. We live directly across 117 Road from the site and own another lot adjacent to the one we live on, also directly across the road from the site. We are very much opposed to this plan and change of zoning. This is a rural residential neighborhood, not commercial and this site is surrounded by residential property. We do not need a commercial construction yard in the middle of it. The Applicant claims no one will see it, hear it, smell it, be affected by dust and dirt or the additional road traffic. We owned a construction yard for many years and know this is next to impossible as hard as one might try. Also the homes above us, in Chelyn Acres and Sunlight View will also be able to see this clearly. The Applicant anticipates as many as 50 trips a day to the property. County Road 117, 4 Mile Road, is already overloaded and dangerous, especially in this area. We do not need to add 50 more construction vehicles to an already dangerous situation. The proposed building of 13,000 S.F. with additional storage space does not fit or belong in a residential neighborhood. Please give this careful consideration and deny this application and change of use. We hate to see our residential neighborhood disrupted this way along with a decrease in land value for those of us next to a construction yard. Rick & Nancy McClellan 3201 County Road 117 Glenwood Springs, Colorado 81601 2 Patrick Waller From: James Price <jewinp@aol.com> Sent: Saturday, June 16, 2018 4:48 PM To: Patrick Waller Subject: rezoning proposed by Cappo LLC/DM Neuman Construction Co. EXHIBIT Dear Mr. Waller My wife and I are very opposed to the subject rezoning request. The four -mile corridor is all residential and a construction yard is inappropriate. It would add to the already large traffic Toad on four -mile and the truck entry point would be located at a point just after a sharp turn. The increase in heavy truck traffic would significantly increase damage to the roadway. Please do not approve the requested rezoning. Sincerely Pat and Jim Price 355 Dry Park Rd. 1 Patrick Waller From: Bill Stark <awmstark@gmail.com> Sent: Thursday, June 14, 2018 7:40 AM To: Patrick Waller EXHIBIT Cc: ricknancymac@comcast.net; harry@teaguearch.com; Mason Morse -Sharon Stephenson Subject: Re: Cappo Properties LLC request for land use change permit to allow a contractors yard on County Road 117 Patrick Waller, Senior Planner, Garfield County Community Development Department Re: Cappo Properties LLC request for land use change permit to allow a contractors yard on County Road 117, as described approximately 1.5 miles south of Glenwood Springs, near 4 -mile creek on the site of prior small wastewater treatment facility Parcel No. 2185-343-00-023 (also referred to as Sunlight Parkway) 13 June 2018 Mr Waller, Today (6/13/18) I received by certified mail from DM Neuman Construction Co a public notice of their application to Garfield County for a Land Use Change Permit which would include waivers of County land use codes, with less than 10 days to respond before the Director of the the Planning Division issues a decision on 6/22/18. This is first I have heard of the existence of this proposal. I am a residential property owner at 3165 County Road 117, a house I have owned since 1990. This property is situated across the road and less than 100' from the proposed DMN shop. The presence of the proposed DMN construction shop will certainly negatively impact me and my neighbors, our quality of life, and the value of our and many nearby residential properties. For this and for other reasons I am opposed to the land use change permit filed by Cappo Properties (DMN) to allow a contractors yard on County Road 117. The proposed shop should not be built in a residential neighborhood, and cannot be built as designed without the County allowing DMN waivers to existing codes. Current residential & recreational vehicle traffic is already excessive on what was originally built as a non- industrial 2 -lane rural road. The proposed DMN facility would permanently increase industrial traffic, would require construction of acceleration/deceleration lanes for two entries (most properties are limited to one entry), and the lanes would have to be large enough to accommodate tractors and trailers carrying industrial construction machines and materials. There is a blind curve at upper end of the property where cars and bicycles travel at a high rate of speed across the long flat adjacent to Chelyn Acres, and there would be an increased likelihood of traffic accidents caused by slow-moving trucks entering or leaving the DMN facility. There would be a negative impact on quality of life in a completely residential part of the county. DMN emphasizes that the shop will be nearly completely hidden from the public eye, however the visual impact cannot be mistaken as anything other than a construction facility, and other considerations are paramount— increased traffic and increased noise, and air pollution. Increased noise would come from increased traffic from large vehicles, always braking and accelerating to and from the facility. Kimley-Horn & Associates, the engineering firm engaged by DMN to evaluate traffic impact, projects that the facility will average 52 vehicle trips (vehicles entering or leaving) per day, not the 20 trips 1 average claimed by DMN. The Kimley-Horn report evaluated the site as "A manufacturing facility...an area where the primary activity is the conversion of raw materials or parts into finished products," which description is without objection from DMN. On average between the hours of 7:00 am to 5:00 pm, 52 vehicle trips per day amounts to 1 vehicle entering or leaving the site every 5 minutes for 10 hours a day. These vehicles are not silent Priuses, but construction trucks with loud, smoking diesel motors, hauling clattering trailers. In addition to vehicles entering and exiting the facility, there will be increased noise from vehicles within the yard --from backhoes, trenching machines, bobcats and bulldozers, forklifts needed for loading and unloading trailers; unloading lumber, drywall, insulation, paint, roofing material, and other construction material, and for loading trucks for delivery of material up and down the valley to construction sites, and for transfer and loading trash trucks with debris to be sent to the landfill or recycling. DMN disingenuously states that the facility "will be for the most part unmanned" (why would a nearly unmanned facility need a bathroom and sink?), however the application clearly states that there will be a shop and that there will be construction projects such as cabinet building, painting and trim work. Certainly building construction is greatly facilitated by fabricating cabinets and trim and painting in a lighted, heated shop with dedicated machines. This makes several aspects of construction much more precise and efficient, and permits the project to proceed especially in bad weather. Such fabrication will likely be more than minimal, and will probably increase in volume, as DMN has multiple projects active simultaneously, and the more that can be accomplished at this shop, the greater their business will expand, and the busier the shop will be. However, regardless of volume, shop fabrication of any sort always involves loud machines—saws, routers, compressors for paint sprayers, pneumatic nailers and wrenches, generators, welding machines, pumps, and so forth, and there is no restriction on the types or fabrication or machines that could be used in the shop. These noises can travel considerable distances beyond the shop, and certainly will travel 100' to the adjacent residences, as well as those hundreds of yards away. County Road 117 is totally residential with scattered small ranches from the bottom of 4 -mile to the Sunlight ski area. There are no other industrial sites similar to the proposed DMN project. Residents enjoy the peace and quiet of this non -industrial area. But they cannot really relax knowing that at any moment, every day, even for just a few hours a day, loud construction machinery will intrude, and knowing that even if it stops, it will resume again, and again, week -in , week -out, and they cannot ever truly relax and enjoy the peace and quiet they used to enjoy. The DMN application states the historical use of the property has always been more of an industrial than a residential use as a wastewater facility. But the old wastewater facility was small, passive, and unobtrusive, with zero personnel (truly "unmanned"), zero noise and zero increased traffic, and was by no reasonable definition "industrial". Section 7-103 of the DMN application (compatibility) states that "the [proposed] project is compatible with all adjacent land uses" but then acknowledges that "current land uses are all residential" (emphasis mine). How is an industrial project compatible with a residential neighborhood? DMN states there will be no storage of petroleum or other hazardous material on the site, but then states that handling of industrial wastes, that hazardous material will be handled per applicable codes, acknowledging that hazardous material and industrial waste will indeed be present at the site. Inevitably fumes from painting, glues, stains, as well as other chemicals, will be carried to the nearby residences. Even if the facility is paved, there will inevitably be a large volume of road dust generated by the construction vehicles, as well as industrial dusts and chemical smells characteristic of such plants which will find its way into nearby homes. Volatile organic solvents, engine coolants and lubricants, cement dust, oil spills, and dirty diesel exhaust will be on-going air pollutants. 2 Snow removal will require extensive operation of plows, front-end loaders, and trucks, potentially frequently throughout the winter. Mud, organic matter, and oil are likely to be tracked up onto the road by vehicles exiting the facility. Despite DMN's promises that the shop will be almost "unmanned", and that operation will be largely limited to several hours a day, neighbors will know that for some part of every weekday, year -in and year -out forever, they will daily be subjected to increased construction traffic and shop noise, dust and engine exhaust, and that unlike the limited disturbance of a near -by construction project which they know will be completed within a few months, this annoyance will never end. Once permitted, built and operating, there would be no realistic way to limit or contest the operation of the DMN facility, as DMN has much greater financial and legal resources than any individual residential property owner, and would in any event be able to temporize any complaints or County action over an unacceptable period of time. In section 4203.m of the application, DMN states that the shop facility is outside the minimum 100' setback from adjacent residential properties, but in a subsequent request for variance DMN acknowledges that it is less than 100' to adjacent residences. It is unobjectionable that a company would wish to increase its business, efficiency, and profitability, and it is clear that a shop and storage yard are useful to a construction company, but such a facility should properly be located in an industrial section of the county. It is also understandable that DMN or any construction company engaged in building multiple projects in subdivisions would want a storage/fabrication shop close to their projects. It reduces costs to them. However it its not the duty of homeowners in residential neighborhoods nor of government to provide any company with this amenity. Permission to build this facility would lead to a reduction in DMN's costs of doing business and therefore make DMN more competitive against other construction companies that do not enjoy similar government -provided advantages. In receiving County permission to build an industrial facility in a residential neighborhood made possible by unwarranted waivers of County codes (2 entries from County Road 117; less than 100' to nearest residences; industrial shop in residential area), DMN would enjoy what amounts to a government -subsidized advantage over its competitors. Because of precedence, if this facility is approved, other construction and industrial companies would be able to claim similar rights to build such industrial shops on land they own or might acquire, and because the DMN shop would be newly created and not grandfathered in, these companies would have strong argument to build similar facilities of their own. DMN has other alternatives. There is no compelling reason for residents along County Road 117 to be subjected to this obnoxious and irreversible project. Regards, William Stark 3 Patrick Waller From: Dave Tarbell <starbelld@yahoo.com> Sent: Tuesday, June 19, 2018 1:12 PM To: Patrick Waller Subject: proposed zone change for Cappo Properties [ EXHIBIT Planning Division, Community development, I just received notification of the amended planned development for Sunlight Parkway. Unless you take the time to go to the website and view the complete application as to what Cappo Properties/D.M. Neuman Construction Co is proposing, you will not realize what the Applicant is asking for and the magnitude of it. We live on Four Mile Road and the amount of traffic and lack of speed control is appalling. I am very much opposed to this plan and change of zoning. This is a rural residential neighborhood, not commercial. There are residential properties that surround or would be affected by this. To open the door to commercial ventures is not acceptable. No matter what the applicant says the use of this as a construction site will greatly impact the area. I would like to go down on record as being opposed to this project. Kind regards, Sue Tarbell 31 Sunlight Dr. Glenwood Springs, CO 1 Patrick Waller From: Jackie <jcksween@comcast.net> Sent: Sunday, June 17, 2018 4:29 PM To: Patrick Waller Subject: Rezoning request Cappo LLC 4 mile Road EXHIBIT I am writing in response to the request for rezoning made by Cappo LLC to allow a construction yard on 4 Mile Road (County Road 117). I am opposed to this rezoning request. I live in the Sunlight View Subdivision which is adjacent to this property. I own 2 houses and an empty lot in this neighborhood. This area of 4 Mile is rural residential. Commercial use of this area is inappropriate. I am concerned about noise, dirt and especially the increased truck traffic on 4 Mile Road. Please deny this request. Sincerely, Jackie Sweeney 1 Patrick Waller From: Dave Tarbell <starbelld@yahoo.com> Sent: Tuesday, June 19, 2018 12:53 PM To: Patrick Waller Subject: Neuman Hello, I would like to go on record of opposing D.M. Neumans plans for trying to add a commercial area to a residential area. The entrance and exit onto 4 mile is not very safe for the amount of traffic that he is proposing. I'm also confused to why there is not a public hearing about this in front of the planning and zoning council. Sincerely David Tarbell 1 Patrick Waller EXHIBIT 4 From: Taylor Elm - DNR <taylor.elm@state.co.us> Sent: Wednesday, June 20, 2018 9:35 AM To: Patrick Waller Subject: Re: FW: Garfield County Referral Request - Small Contractor's Yard (File No. GAPA-02-18-8603) Hi Patrick, had forwarded this to our local wildlife officer when we received the referral and did not receive anything back from him. I'm assuming there are no concerns on our end. Thank you for reaching out to confirm! Taylor Elm Land Use Specialist Northwest Region P 970.947.2971 I F 970.947.2936 1 C 970.986.9767 0088 Wildlife Way, Glenwood Springs, CO 81601 taylor.elm@state.co.us 1 cpw.state.co.us On Tue, Jun 19, 2018 at 4:26 PM Patrick Waller <pwaller@garf eld-county.com> wrote: Hi Taylor, Just following-up on this application to see if you all had any comments on this application. Thanks, Patrick Waller Senior Planner Garfield County Community Development Department 1 Patrick Waller From: Icenogle - CDPHE, Bret <bret.icenogle@state.co.us> Sent: Wednesday, June 20, 2018 7:31 AM To: Patrick Waller Subject: Re: FW: Garfield County Referral Request - Small Contractor's Yard (File No. GAPA-02-18-8603) Patrick, No comments for this application. Bret Bret Icenogle, P.E. Engineering Section Manager Water Quality Control Division Colorado Department of Public Health and Environment P 303.692.3278 1 F 303.758.1398 4300 Cherry Creek Drive South, Denver, Colorado 80246 bret.icenogle@state.co.us 1 www.colorado.govfcdphe/wqcd 24 -hr Environmental Release/Incident Report Line: 1.877.518.5608 On Tue, Jun 19, 2018 at 2:25 PM, Patrick Waller <pwaller(c7garflcld-couity.com> wrote: Hi Bret, Just following-up, wondering if you have any comments on this application. Thanks, Patrick Waller Senior Planner Garfield County Community Development Department 1 Patrick Waller From: Carolyn Strautman <cstrautman@hotmail.com> Sent: Wednesday, June 20, 2018 10:12 AM To: Patrick Waller Cc: Eric Strautman Subject: Cappo Properties LLC Land Use Application Dear Patrick: I am writing about the Land Use Change Permit Application filed by Cappo Properties LLC, concerning the property located at Sunlight Parkway on County Road 117. My husband and I own property nearby, at 175 Deer Park Court. I have reviewed the application and supporting documents, and I understand the project is undergoing administrative review by the County. It appears that a small contractor's yard can be a permitted use in the Rural zone district, if all applicable criteria are met and reviewed. While I am not opposed to the application in general or the proposed use, the one issue that concerns me is the impact on traffic on 4 -Mile Road, and the danger of having large trucks with trailers accessing this road at two different points. The estimated 20-52 trips per day by this business would add significant traffic to this already busy rural road. Also, as these vehicles make their way down to Midland, the additive traffic congestion could be problematic. 4 -Mile Road is not in the best condition, either, so I am concerned about allowing multiple heavy commercial trucks to travel this route and the effect this will have on the road condition. Finally, the access points onto 4 -Mile Road are at a curvy section of the road. I worry about traffic accidents which might be caused by passenger vehicles traveling at relatively high rates of speed and not being prepared to slow down for a large truck and trailer entering the road. These are my main concerns with this application, and I hope the County staff adequately reviews the traffic impacts and requires the Applicant and its experts to address these concerns. Thank you for your time. Sincerely, Carolyn M. Strautman (970) 379-8456 i EXHIBIT Patrick Waller From: Walt & Joan <redstone@sopris.net> Sent: Wednesday, June 20, 2018 12:35 PM To: Patrick Waller Subject: Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. Hi Pat, My Wife and I know Jason and his wife Gina, and most all the employees of D.M. Neuman. We believe that the project that they are proposing is in the best interest of the community and that when it is completed, it will be asset to the 4 mile road community. We drive by that very location several times per day and have no concerns or objections to what they propose and fully support it. We are currently out of town and have attached the following letter of support. Regards, Walt and Joan Posluszny 0412 Sun King Drive GWS June 21, 2018 Pat Waller Garfield County Community Development Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am i confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. Walt & Joan Poslusrny 0412 Sun King Drive (Oak Meadows) Homeowner Name(s) Address of Home Electronically Signed June 20th, 2018 Signature Date 2 Patrick Waller From: Bill Deter <bill.deter@bankofcolorado.com> Sent: Wednesday, June 20, 2018 12:40 PM To: Patrick Waller Subject: Cappo Properties Small Contractor's Yard Proposal - DM Neuman EXHIBIT Z6) Mr. Waller, I am sending this brief correspondence to you in support of DM Neuman Construction/Cappo Properties bid to improve their Sunlight Parkway lot into a facility that would house some materials and equipment. I have spoken with Jason Neuman directly regarding. As I understand it, architecturally speaking, his intention is to build something that would 'fit into the landscape' and be respectful to the surrounding area. I also understand that it would be on a portion of the lot that is not easily seen from Four Mile Road. I travel up and down the road a number of times a week and live up Four Mile myself. I have worked with DM Neuman on a number of construction projects and, they were the contractor on the Bank of Colorado new building in Glenwood Springs. My experience with Jason has been nothing short of excellent. He is honest and does what he promises to do! I actually believe that if approved, whatever they end up doing will actually enhance the look of that lot (already looks better than it did prior to acquisition). Regarding traffic concerns, I am very familiar with their company, number of employees and trucks. I don't foresee them turning into a 'LeFarge' or other larger company. I truly do not believe there would ever be traffic issues due to their access. DM Neuman has made a reputation of being a family owned, small business and builder with a history of over thirty-five years on the valley. For all of these reasons, I would support their request to build this facility as requested. Respectfully submitted, William M. Deter Bank of Colorado Market President 901 Grand Avenue Glenwood Springs, CO 81601 970-945-7422 Office 970-274-0757 Cell 970-945-8320 Fax B i I I. d ete r[7a, ba n kofco to rada. cam Bank of Colorado 19 13 THERE ' S ONLY ONE This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited If you have received this in error, please reply immediately to the sender and delete this message. Thank you 1 Patrick Waller From: Corey Madsen <coreymadsen@hotmail.com> Sent: Wednesday, June 20, 2018 12:53 PM To: Patrick Waller Cc: jmn@dmneuman.com Subject: DM Neuman Land Use Application Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. Sincerely, Corey Madsen 39 Sunlight Drive Glenwood Springs, CO 81601 970-274-8750 1 June 21, 2018 Pat Waller Garfield County Community Development Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. 0.A...(deki czxe_s, 11(04,4-44c— (() OS Homeowner Name(s) Address of Home -(q-( V Date Patrick Waller From: Tony de Moraes <tdemoraes@me.com> Sent: Wednesday, June 20, 2018 1:16 PM To: Patrick Waller Subject: Cappo Properties Small Contractor's Yard Proposal Attachments: CappoYard.pdf Hi Pat, our entire family has been living up 4 Mile since 1989. Please see attached. We see no problem with the Cappo yard proposal as described. Best Regards, Tony de Moraes 1 Patrick Waller From: Tisha Neuman <tisha.neuman.omha@gmail.com> Sent: Wednesday, June 20, 2018 1:50 PM To: Patrick Waller Cc: jmn@)dmneuman.com Subject: Cappo Properties Small Contractor's yard Good afternoon Pat, EXHIBIT I -5 \ This email is in reference to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot on Four Mile Road. I understand the intent for this Small Contractor Yard and believe that Cappo Properties LLC's application identifies a thoughtful and responsible plan for the use of the property without impact to their neighbors. I do not see any reason for concern of traffic or noise as this yard is located at the base of residential neighborhoods and not within a neighborhood. I am aware of many of the builds, both residential and commercial, that DM Neuman has completed. All have been clean and professional with an awareness to their impact on their neighbors. Efforts have been made to always include their community and minimize any negative impacts on their neighbors. The building will be on the north portion of the lot to ensure that it is largely hidden from view. I am much happier to see a beautifully fenced yard and a storage barn as opposed to smelly waste water treatment plant. This space has become a more tastefully developed area already and I am excited that the land be used thoughtfully. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space. I am in full support of this project and hope that the Community Planning Commission approve it. Sincerely, Tisha Neuman Oak Meadows HOA Treasurer 1 June 21, 2018 Pat Waller Garfield County Community Development Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. JOSL Homeowner rame(s) Sinature SOS ja v' ev i \ . Address of Home Date Ef E1 1' Patrick Waller From: Jeremy Joslin <jjoslin@bayeq.com> Sent: Wednesday, June 20, 2018 1:51 PM To: Patrick Waller Cc: Jason Neuman Subject: Support for DM Neuman project up 4mile Attachments: Scan from Bay Equity.pdf Follow Up Flag: Follow up Flag Status: Completed Pat good afternoon. I wanted to provide I letter of support 1 have signed (attached) for the project Jason Neuman is planning up four mile. I have worked with DM Neuman for many years and know the quality work they provide. There is no doubt in my mind they will design and construct a building that will make sense for that property. I fully support their intentions. Please call me if you would like to discuss this further. Thank you for your consideration. Jeremy Joslin -505 Van Dorn Rd. GWS Jeremy Joslin • Senior Loan Officer P: 970.366.3444 M: 970.930.5315 F: 970.648.3042 NMLS ID#657843 jjoslin@bayeq.com www.bayeguityhomeloans.com 1319 Grand Ave., Glenwood Springs, CO 81601 800 BAY.3703 • Bay Equity LLC • NMLS ID#76988 This message (and any attachments) contains information that may be confidential, legally privileged and protected from disclosure. It is intended for the use of the individual (s) to whom it is addressed and others authorized to receive it. If you are not the intended recipient of this message or any parts of it, please contact the sender immediately and delete the message from your system. No other person is authorized to copy, forward, disclose, distribute or retain this message in any form. Any Interest Rate Information published in this message is subject to change without notice and does not constitute a commitment to make any loan at any specific rate. Thank you..... 1 June 21, 2018 Pat Waller Garfield County Community Development Pat, EXHIBIT 133 I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. r 1 !iMs ral Homeowner Name(s) f. u„r'G2wrirrp€,6,i 6 l b©/ Address of Home Signature Date /"./W.8' Patrick Waller From: Travis Peterson <TPeterson@raelectric.com> Sant: Wednesday, June 20, 2018 2:04 PM To: Patrick Waller Subject: Cappo Properties Small Contractor's Yard Proposal Attachments: 3763_001.pdf Pat Please see the attached signed letter regarding the possible Shop Building up 4 -Mile Road. I have known Jason Neuman for a number of years and know that his intentions are true and will not build anything invasive to others. We all want to preserve where we live and make it a better area, which is what Jason's intent is trying to do. Thank you and have a great day! Thanks, Travis Peterson 970.618.7363 5317 County Rd 154 Ss 201 Oknw' edSpnngs. CO 81601 970.945-6304 (F)970•945.0») NTERPRISES OF CANUGHOALL, INC. 1 June 21, 2018 Pat Waller Garfield County Community Development EXHIBIT Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties I.LC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to n inimi2e the impact on the neighborhood and surrounding community_ The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mule corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. _ IL ( Homeowner Name(s) Signature Address of Home /--)M61-g.)47/VLF LX Date Tag ,/ ,' Patrick Waller From: Jess Westley <jwestley@neil-garing.com> Sent: Wednesday, June 20, 2018 4:31 PM To: Patrick Waller Cc: jmn@dmneuman.com Subject: RE: Cappo Properties / Neuman Project / Fourmile Rd Follow Up Flag: Follow up Flag Status: Flagged Hello Mr. Waller, EXHIBIT My name is Jess Westley and I am 4th generation Glenwood Native. I have seen the transformation of our community go from a small little mountain town to a thriving well-known resort destination. I am sure this change has been incredibly difficult for all of you to manage. That being said, I am grateful for what you, Glenn, and staff do to tackle the delicate balance of maintaining the small town appeal and keeping Glenwood a desirable place to live and play for the locals. I am resident in Oak Meadows and I have been made aware of the Cappo Properties yard and construction proposed project on Fourmile Road. I have known the Neuman family for many years and have a great deal of respect for them as a longtime reputable local family and for their quality work over the years. That being said, I wanted to express my support of the project. I am confident that they will build a structure consistent with the architectural designs of the surrounding neighborhoods. Additionally, I strongly believe that due to all of the Nueman's living on Fourmile road that they will stay true to their word and the intended uses will not be in conflict with daily traffic flows or impede/intrude on any of the area housing communities. This project will only further enhance values and improve the curb appeal of that specific area — especially knowing the quality of DM Nueman construction will most likely exceed expectations. I hope this helps as you work towards the decision on the approval of the project. Please don't hesitate to contact me with any questions. Best regards, Jess Westley CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please call collect at 970-945-9111 and delete this transmission. Thank you. 1 June 21, 2018 Pat Waller Garfield County Community Development Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. WtA Homeowner Name(s) { / c' Signature a S s, (2a l� <i. Address of Home Date Patrick Waller From: Charlotte Zilm <czilm13@comcast.net> Sent: Wednesday, June 20, 2018 6:27 PM To: Patrick Waller Subject: Administrative Review of Sunlight Parkway by Jason Neuman EXHIBIT 1 3-9- As the former owner of the Parkway, we would like to voice our support for this request. We have known Jason as a businessman, contractor and neighbor. He has always worked for the benefit of his community and neighborhood. As a former resident of Sunlight View II, he had volunteered on the Sewer and Water committee and was most knowledgeable and helpful. Even though he is a resident of Spring Ridge II, he is affected by the property daily as he conducts his business. We offered the property to Jason as we know him to be a good steward of the land. We are sure with the history of any development on Four Mile, most are glad the sewer is connected to the City. From being witness to Jason's construction of Berthod Motors, Colorado National Bank and other commercial and residential projects, it is obvious to us he will continue to conduct his business in a visually acceptable manner. If you review the complaints we had in the three hearings on Sunlight View I and II, we hope you see a sustainable and pleasant neighborhood and unfounded fears. Sincerely, William M. Zilm and Charlotte B. Zilm 0013 Laird Lane Glenwod Springs, Colorado 81601 1 Patrick Waller From: Martin Madsen <mmadsen@rfschools.com> Sent: Wednesday, June 20, 2018 9:31 PM To: Patrick Waller Subject: DM Neuman building up 4 Mile Rd June 21, 2018 Pat Waller Garfield County Community Development Pat, EXHIBIT 13& I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. Martin & Carly Madsen 99 Old Midland Drive CO, GWS 81601 Homeowner Name(s) Address of Home Martin Madsen Carly Madsen June 20, 2018 Signature Date 1 Jun 20 18, 07:12p June 21, 2018 Pat Waller Garfield County CommunityDevelopment p.1 Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this SmallCantractorYard. I believe thatCappo Properties LLC'sapplication and intentions represent a thoughtful and responsible build forthe space, and that they've taken every effort to minimize the impacton the neighborhood and surrounding community. The buildingwill be on a portion of the lot that is Largely hidden from view, and the impact on the surrounding areas will be minimal in termsof truck trafficand visual disturbance. I am confidentthatlason Neuman and his company will be nothing but respectful and conscientious ofthe neighborhoods surroundingthis space, especially knowing that he and his extended family reside upthe Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. � j (� Ci S 4 f7 IL , �1 � Nie l3 I t rt HomeownerName(s) Address of Home Li2pDate Signature June 21, 2018 Pat Waller Garfield County Community Development Pat, EXHIBIT 3 I1U a am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have known Jason and Gina Neuman for 30+ years and understand what their intentions and use for this property to be. Jason has described his use of a storage building on this property for his business and that he wants to keep it hidden from view, as much as possible, and have a limited impact on the surrounding area. I believe Jason will be respectful of the surrounding area and the neighbors. -S- Go - ,(? Sc." 'xis S, 04k_e-cy GwS Homeowner Name(s) Address of Home Signature Date June 16, 2018 Planning Division, Community Development Patrick Waller, Senior Planner Garfield County Community Development Department Dwallerggarfield-county.corn Dear Mr. Waller: We have received notification for the amended Plat of Sunlight Parkway submitted by Jason Neuman of DM Construction Company, operating as Cappo, LLC. We currently own a home in the Cheyln Acres community and we are very much opposed to this plan and change of zoning. This is a rural residential neighborhood and not a commercial site. The Plat is surrounded by residential properties and we do not need or want a commercial construction yard in the middle of it. We do not wish to visually see a construction site with trucks or storage building on our drive to or from our home and we certainly do not appreciate the fifty or more trips that the applicant anticipates that the trucks will make to and from the site on a daily basis either. This is will only clog traffic on County Road 117, 4 Mile Road even more and cause traffic back-ups for not only the residents but also the tourists that frequent Sunlight Mountain. The trucks will also destroy the road which Garfield County has recently repaired. We, along with all of our neighbors, ask that you please give this careful consideration and deny this application and change of use. The proposed building of 13,000 S.F. with additional storage space does not fit or belong in a residential neighborhood. This construction site will most definitely decrease our land and home value, which we do not appreciate. Thank you for your consideration of this letter. Antonio and Tammy Antunes 29 Van Dorn Road Glenwood Springs, Colorado 81601 June 21, 2018 Pat Waller Garfield County Community Development Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. di,/7‘/ I` --r Iacoie /e.e rj Homeowner Name(s) 6 . 0 ,O_________ 00 / ,1/, • i c! 06,./5 La /D/ Address of Home Signature Date June 21, 2018 Pat Waller Garfield County Community Development Pat, EXHIBIT I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. 14115 ;\(S&L? r Homeowner Name(s) (Am Signature Date �e°6 -• C�*n v✓rori-5/ Address of Home (o 8/60/ 0,(y (//6e Patrick Waller From: Austin Schlepp <apncoservices@gmail.com> Sent: Thursday, June 21, 2018 1:53 PM To: Patrick Waller; Neuman Subject: Cappo Properties LLC Proposal Attachments: Cappo Properties.pdf Good Afternoon Mr. Weller, Attached is a letter of support for the land use application for Cappo Properties at Sunlight Parkway. I've spoken to Mr. Neuman about this proposal and I think it's a reasonable plan. Neuman Construction has been a part of the Glenwood business community for over 30 years, so you can consider them a staple of this community. Jason and his family have lived in the Four Mile area for years and appreciate the natural surroundings just as much as the rest of us that live up here. In the few years that I've known Jason he's been a major supporter of our local Cub Scout pack here in Glenwood by donating his time, resources and property for our use. He's also donated lumber to help me build sets for a local theatrical production and even hauled it for me. He's been great to work with and I have no doubt that he wants to keep his company's impact to the Four Mile area to the minimum amount that he possibly can while trying to meet his business needs. With all the new construction already occurring up and down the subdivisions along Four Mile Road I seriously doubt Neuman Construction is going to have that much of an effect to the traffic and ever changing landscape up here. Sincerely, Austin Schlepp Austin Schlepp APN Services, LLC (720) 210-8233 or (970) 945-9022 CONFIDENTIALITY NOTICE -- This email is intended only for the person(s) named in the message header. Unless otherwise indicated, it contains information that is confidential, privileged and/or exempt from disclosure under applicable law. If you have received this message in error, please notify the sender of the error and delete the message. Thank you. i June 21, 2018 Pat Waller Garfield County Community Development Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. Homeowner Name(s) Address of Home Signature Date June 21, 2018 Pat Waller Garfield County Community Development Pat, I am writing in regards to the Land Use Application currently under review for Cappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded with Jason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represent a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The building will be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal in terms of truck traffic and visual disturbance. I am confident that Jason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods surrounding this space, especially knowing that he and his extended family reside up the Four Mile corridor. I am in full support of this project and would hope that the Community Planning Commission would approve it. ,z2_Ex DE LA �"A' 1 Horne ;ner N, •(s) crvV AAv,,ic, Address of Home ca. --4/40/9 sp ( 0 Signature Date //�� v 5ur ////cam' Loyal E. Leavenworth Leavenworth Consulting, LLC PO Box 1530 Carbondale, CO 81623 ieIIellaw.net 970-948-2261 June 21, 2018 Patrick Waller Senior Planner Garfield County Cozntnunity Development Via Email: pwaller@garfield-county.com Re: Cappo Small Contractor Yard Land Use Application File No.GAPA-02-18-8603 Dear Mr. Waller EXHIBIT I am a consultant for William Stark, who owns residential property immediately west of this proposed industrial use. Mr Stark's property is across Four Mile Road and, but for the road, would be contiguous to the site. Mr. Stark is adamantly opposed to this proposed land use. This letter is intended to supplement Mr. Stark's comments in his email to you of June 13i11. We believe the proposed land use should be denied for the following reasons: 1. The notice to mineral owners as required by CRS Section 24-65.5-103 and Section 4- 101 of the Garfield County Land Use Code ("LUC") is defective. The applicant only provided the list of mineral reservations contained in the title policy exceptions. No mailing address was provided. The mineral reservations occurred in 1948, 1951 and 1955, between 63 and 70 years ago. It is likely that one or more of the persons who made the mineral reservation are deceased and/or have conveyed or transferred their ownership interest. The County Attorney office memorandum dated June 24, 2014, at paragraphs 6 through 8 clearly require more, including a description of the research process. 2. The title policy indicates that the property (or some portion of it) is subject to Restrictive Covenants recorded as Reception No. 265535, a copy of which is attached. Paragraph A of the Restrictions prohibits any use other than single family 1 residential, (I would also note that Paragraph D prevents resubdivision, as potentially contemplated by the applicant.) There is no indication in the title policy affecting this parcel that these restrictions are not in effect, and, according to paragraph M of the Restrictions, are continuing unless a revocation signed by a majority of the property owners affected, sign and record a termination. 3. In the Rural Zone District the height limit for the proposed building is 40 feet. The elevation drop to the grade of the building from the road is only 10.5 feet. Contrary to the assertions of the applicant, a forty foot building will be highly visible and cannot be effectively "screened" by landscaping and small berms. 4. The Comprehensive Plan provides that the Rural Zone is for small farms. agriculture and clustered residential uses. The site is completely surrounded by residential uses. The proposed use is incompatible with the character of the neighborhood and surrounding uses. Section 7-103, a standard for review of this proposal requires the proposed use to be compatible with "the nature, scale and intensity of ... adjacent land uses." To suggest that a contractor's yard meets and satisfies this standard is ludicrous. Industrial uses belong in an industrial zone district. 5. The LUC at Section 3-101(A) provides that the Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas and natural resource areas" and is intended to "protect the existing character of the area...." This proposed use would be the beginning of the degradation of the character of the area. 6. A small contractor yard is limited to 5 acres. Although the applicant claims the use is only 3.39 acres, this number does not include the necessary roads for the use or the landscaping for the use. When the lands areas that really make up and constitute the proposed use are included, the land area is well over 5 acres, The applicant cannot arbitrarily exclude area from the calculation that is actually part of the proposal, such as the access roads and landscaping. Nor is there any way to determine in the future if the storage yard has encroached into the so-called undeveloped area. 7, There is no basis to grant a waiver of the 100 foot setback, which directly affects Mr. Stark. The proposed industrial use, and a building potentially 40 feet in height, do not justify such a waiver, nor has the applicant satisfied the review criteria for such a waiver. 8. Section 3-101(D)(3) provides that materials stored on the property must be 100 feet from an adjacent property line. From the site plan, storage is proposed as close as 41 feet from the property line. No waiver was even requested for this provision. 9. The proposed building will be located on top of the former sewage lagoons. There is no indication in the application that CDPHE has approved the decommissioning of the old waste water treatment facility. Indeed, the Environmental Services Inc. (ESI) report indicates the existence of sludge and effluent odor. The pictures demonstrate this. More telling is the list of "assumptions" on page 2 of the ESI report: 2 A. Assumed CDPHE would not require additional sludge removal to satisfy the requirements for permanent closure. B. Assumed no groundwater remediation would be required by the Water Quality Control Division C. The vertical and horizontal extent of remaining sludge was not evaluated. D. ESI's evaluation was limited and did not constitute a compliance audit. The applicant should be required to demonstrate full compliance with all CDPHE requirements for decommissioning the former wastewater plant and provide written documentation of CDPIIE approval. 10. The application in response to numerous submittal requirements simply says "will meet county standards." This does not meet the code requirement to demonstrate how that will happen, particularly when an industrial use is proposed in the middle off a rural residential area. We respectively request that the application be denied. Cc: William Stark 3 Leavenworth Consulting LLC re Asoortlad At...0.. r O..�a'arl�ac�k...... .....tip ,V9V..L"�_?. box466 rrCi55 ].062ti4xi };U•,.-.••14�• t5" '-• 1 A Stephens, R96¢r Br• • } • DECLARATION DF RESTRICTIONS Sunlight View Subdivision Glenwood Springy, Colorado THIS DECLARATION, made this 20th day of Hay, A.D., 1974, by Sunlight View Company, owners of all the hereinafter property and hereinafter referred to as "declarants" or "owners", do hereby declare; WHEREAS, declaranta.are the owners of a certain tract of land described as follows; A parcel of land being entirely situate in Garfield County, Colorado, being Lot 2 and the 0WXNE'l4 and all that part of Lot 3 and the S6i44NWg of Section 3, Township 7 South, Range 89 Wast of the Sixth Principal Meridian, lying Easterly of the Easterly right-of-way line of the County Road known es Four Mile Road, also all that part • of the SEgSW4 of Seotioo 34, Township 6 South, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Easterly right-of-way dine of said County Road and being more fully described se follows: Beginning at the Southerly Quarter Corner of acid Seotign 34, being the name as the North4rly Quarter corner of said Section 3; thence S. 89032'26"E. 1336.96 feet along the ' Northerly line of said Lot 2; thence ,5.00°13140"E. 1662.18 Peet along the Easterly line of said 'Lot •2 tend the SMOG; thence 5.89°53'314W. 984.42 feet along the 'motherly line of said 8tMNE14; thance N.48n50137"W 337.07 feet; thnnoe 8.21°37'38"W. 239.33 feat to a point on the southerly line of said 5E14A'*; thence 5.89053'31"W. 825.45 feat along the Southerly line of said SEMW% to a point on the Easterly right-of-way line of said road; thence N,19a• 23'11"E. 236.65 feet along the Easterly right-of-way line' of said road; thence N. 19°56'18"E. 1360.16 feat along the Easterly right-of-way line n1' said road; thence 170,35 -feet along the aro of a curve to the right, having a radius of 1100.27 feet, the chord of which hears: N. 240 22117"E. 170.17 feet; thence N. 28°48125"E 137.14 feet along the•Eesterly right-of-way line of said road; thence' 99.41 feat along the arc of a curve to the left, having a radius of 533.11 feet, the chord of which bears: N.240 05'30"E. 99.31 fest; thence N. 19048'37"E. 172.47 feet along the Easterly right-of-way line of said road; thence 190.01 feet along the arc of a curve to the left, having a radius of 388.10 feet, the chord of which bears: N.05° 47164"E. 168.12 feat, thence N.08°14'30"W. 160.32 feet along ths'Easterly right-of-way line of said road; thence N.05057103"W. 76.25 feat along the Easterly right -of- • way line of said road; thence 97.56 feet along the aro of a curvetb the right, having a radius af• 1011.74 _feet, the chord oP which boars: N,03011119"W. 97.51 feat, thence' N.000 25'34" W. 104.91 feet along the•Easterly right -of- • way line of said road; thence 94.77 fest along the aro of a curve to the right, having a radius of 644.07 feet, the nhord of which bears: N.03°47'20"E. 94.68 feet; thence N.06000'15"E. 168.96 feat along the Easterly right- of-way line of eaid road; thence 105.34 feet along the aro of a curvet to the left, having a radius of 439.26 feet,' the churd'of which hears: N.01° 08'02"E. 105.59 feet; thence N. 05044'11"W. 62.15 fent along the Easterly rilaht- of-way line of said road; thence N. 10024'11"W. 86.37 Feet - cgntinued. - Sunlight View Subdivision -Continued 80UK466 ME 557 . Page 2:r, along the Easterly right-of-way line of said read to a point an the Northerly line er sold aEgSW%;•thence_S, 89006'13"E. 087.88 feet along the Northsrly'line of said SE1SWX, to the Northeast Corner of said SEgW}G; thence S. 08043'40"W. 1526.51 feat along the Easterly line of acid SE3SSWgytntha quarter Corner on the Southerly line of said Section 34, the point of beginning. containing 76.25 acres, more nr less. WHEREAS, declarants have requested the same to be divided into tracts or lots; and WHEREAS, the dealerants desire to subject said lots or tracts of land to certain 'restrictions, conditions and covenants regulating the use and development thereof; NOW THEREFORE, said owners declare that the above described lend, hereafter referred to as Sunlight View Subdivision, shall be restricted by the covenants, conditions; restrictions, charges and agreements hereinafter est forth. RESTRICTIONS A This property shall not be used except for residential purposes, and no building shall ho erected, altcrnd, placed or permitted to remain on said property other than nos detached, eingle-family dwelling together ,with priyate borage, private stable or barn, 6 Nn dwelling shall be constructed on said lend with en original gross construction area of lase than 1,000 square feet of living space an one floor. C No building shall be located on any tract of land nearer than 30 feet from the front lot line, nor nearer then 10 fest from any side lot line. For purposes of these covenants any frontage on a public road shall be considered a front lot line and eaves, steps end open porches shall not be considered es pert of the building. Frontage setback from Four Mile County Road is 50 feet minimum as required by Garfield County regulations. O Na tract shall be re -subdivided. E There is reserved, for all utility purposes, a right -0f - way and easement 7.5 feat in width along each side of all interior lot lines and a right -of' -way and easement ten feet in width along all lot. lines bordering all public road rights of way and 12.5 feat an all rear lot lines except as shown on plat. F No noxious or offensive activities shall be carried on upon the property or any part thereof, nor shell anything be done thereon which may be or may become en annoyance or nuisance to the neighborhood. O No live swine or other livestock shall be raised, grown or slaughtered, nor any poultry raised or grown upon any pert of said tract of land. This shall not, however, prohibit the raising of horses, doge or cats for the personal use of tha owners of said land, provided that such animals shall not be raised commercially or used for any commercial purpose, and when so raised upon said premises shall be securely fenaed.within the property awned by the owner thereof. No more than one horse may be kppt per 15,000 sq. ft..of vacant lend. - continued - i `bo90166 ncE 558 Sunlight View Subdivision -Continued ;Page 3.- •H No structure of a temporary character, trailer, mobile ' homey basement, tent, shack, garage, barn or other outbuilding shall be uped on any part of the above-described property at any time as a residence, nigher temporarily or pexmenently; that nn building ehali be placed on acid lend by means of other than new construbtinn, and no building shall be used es s residence, even though new • construction which has been prefabricated and built elsewhere, it being the intention of these covenants to prohibit the use of mobile hones or modular homes ea a raeidsnca on said property which have been pre -built and moved to the property. This covenant, however shell not prohibit precut homes which ars actually con- structed an the property. I No outside'toilet facilities or temporary outbuildings shall be permitted upon any of said land, and each lot owner shall be persunelly.responsible foriiv3 proper disposition of his own garbage and, trash, and shall keep the premises in a clean and sanitary condition. In the event that propane gas is used far domestic purposes, said tanks shall be buried or screened from view. . 15 No portion of the area green belt may be fenced or used Far any individual owners private use. L All building plans must be submitted to a three-man architectural committee for approval before construction. The initial committee shall be appointed by•Suniight View Company. Subsequent committees shall be elected every two years by the residents of Sunlight View Subdivisinn after the subdivision is 40% (forty percent) completed. A favorable two-thirds vote of the committee shall constitute approval. • M These covenants shall run with the- land and be binding upon ali parties and ala personal claiming through or under the owners thereof for a period of fifteen years from date borne, after which period these covenants shall be automatically ex- tended for successive periods of ten years unless an instrument signed by a majority of the then land owners of tracts in'this ares has been recorded agreeing to change the covenants in whole or in part. That in the event Garfield County shall adopt ap- • propriate zoning regulations covering this area with provisions• therein contained for variances from the existing zoning laws, these covenants may be changed or altered by the appropriate zoning authority upon fallowing the procedure for variances as may therein be provided. N Enforcement shall be by proceedings at law or in equity against any person or parsons violating or attempting to violate any covenant either to restrain violation or to recover damages, or both. - SUBMITTED BY L illiam M. Zilm Far Sunlight Vie •mpany `ti G i<7. ���r Mr. Waller – With the help of Beverly Eberle (Garfield County Recording Clerk) we were able to research the current owners of Mineral Interests for this given property. As a result of our research I have attached to this memo two packets of information (since this property used to be part of a larger piece of property prior to it being split into separate properties). These two packets represent a complete history of how this property was passed on from one owner to the next. Also attached is Schedule B of the Title commitment so that you can reference who the mineral rights owners are (items 8-10). Schedule B on the Title Commitment refers to 3 mineral rights owners (these can be found on items 8, 9 and 10). Here is how you can Zink this information to the two attached packets: • Item 8 (on Schedule B) references Reception Number 165521... this can be found in attached Packet 1 • Item 9 (on Schedule B) references Reception Number 191425... this can be found in attached Packet 1 • Item 10 (on Schedule B) references Book 260 at Page 546... this can be found in Packet 2 (Reception Number 177555) Below is the process (based on the County Attorney's Office Memo regarding Mineral Interest Research) on how we were able to obtain this information... please feel free to contact me if you have any further questions. Thanks Richard Carter Item 1 Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. Response: Schedule B (items 8-10) of the current Title Commitment, gave us a starting point for researching current mineral owners. From here we were able to backtrack and then confirm the owners through researching past property owners... below is a summary of our research. Item 2 Review your title insurance policy. Are there exceptions to title listed under Schedule B -II? If so, review for mineral interests that were reserved and oil and gas leases. Response: Mineral Interests indicated on Schedule B of the current Title Commitment matches our research (refer to response of Item 8 Below). Item 3 Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. Response: There was no information at the Assessor's Office, so they referred us to the Recording Clerks office to continue our research. Item 4 Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Tnwnship, and Range of the subject property. You may find deeds for mineral interests for the subject property. Response: With the assistance of Beverly Eberle (Recording Clerk) we were able to research the subject property. Item 5 Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. Response: For this particular property, there was no Notice of Mineral Estate Ownership filed. Item 6 If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. Response: With the help of Beverly Eberly, we were able to find the Mineral Reservation Owners on the deeds and then were able to move our research forward to the current ownership. From the original owners to the current property owners, we were able to determine that the mineral rights were never transferred. Item 7 Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. Response: Our research indicated that the original mineral interests were never transferred. Item 8 Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Response: We searched from current property owners back to the individuals that have the minerals reserved. Our research indicates (and matches the names found on Schedule B of the current Title Commitment) that the following individuals have mineral ownership to this property: • Dan C Wadsworth and Margaret Wadsworth own % Mineral Interests as per deed dated July 22, 1948 (Reception No. 165521). No address is given on deed. Refer to attached document. • J. Hilton Wix owns % Mineral Interest as per deed dated April 8, 1955 (Reception No. 191425). No address is given on deed. Refer to attached document. • Raymond Smaltz owns'/ Mineral Interest as per deed dated July 28, 1951 (Reception No. 177555). No address is given on deed. Refer to attached document. 892726 05/23/2017 01:51:07 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $26.25 eRecorded 111 1111111111111111111111111111 Warranty Deed (Pursuant to 38-30-113 C,R.S.) State Documentary Fee Date: May 23, 2117 5 48.2 ;. THIS DEED, made on May 2017 by WILLIAM M. 7.ILM AND CHARLOTTE R 7..11.M Gnirtrar(s), of the Cotmty tfr GARFIELD and State of Cb Fora s'.> for the consideration of 0262,500.00) v++ Two Smdsed Sixty Two Thousand Fire Hundred and OOII00 *" dollars hi hand paid, hereby se Ls and Co Veys t0 CAPPO PROPERTIES, LLC, A COLORADO 11 D L!AB]LII'Y COMPANY Gtantee(s), whose street address as GLENWOOD SPRINGS, CO -1160);Couuty of GARFIELD, mud State of COLORADO. the following real property in the Comity of Grrrsd ansa State of Colorado, to wit: m`i'n rata x 2 SUNLIGHT PARKWAY 2ND AMENDED PLAT OF SUNLIGHT PARKWAY AcCOADIN'G TO THE PLAT THEREOF RECORDED DECEMBER 1, 2014AS RECEPTION NO. 8581317. COUNTY OP GARFIELD SPATE OF COLORADO also ]mown by :Meet and [umber as: TBD COUNTY ROAD 117 GLENWOOD SPRINGS CO 81601 with ail its appurtenances and warrants the title to the same, subject to general tares for the year 2617 and those specific Exce +does described by refettance to recorded documents as reflected In the Tide Documents accepted by Gnintee(s) in accordance with Renard Me Matters (Section 8.2) of the Conrad to Buy mid Sell Real Estate r4lattng ro the above described rr?di property; distil:union utility easements, inclriiing cable TV); those speci(ioully described rights of third purtrex not shown by the public records of which Grontee(s) has actual knowledge and which were accepted by Grantee(s) in aacasndmaae with Off Recard 71de Matters (Section 8.3) and Currant Survey Review (Section 9) of the Contract to Big attd Sell Rem Fstase relating to the above descrthx7d real properly; inclusions of the Property wlthfn any special tape district; and other NONE State of COLORADO Comity of GAR1'IELD LAURIE J CRUZ -POTTER NOTARY PUBLIC STATE OF COLORADO NOMNY ID 20064030483 My commission Expires Novemb■r4, 2017 2...d The 1aregping instrument was acknowledged before the on this day of May23. 2017 by WILLIAM M. ZILIH AND CHARLOTTE B. ZI LM Notary Publ 11Z My o0mtdseion expires When Recorded Return to: CAPD° PROPERTIES, LLC, A COLORADO LIMITED LIADD.LTY COMPANY TSD COUNTY ROM) 117 GLENWOOD SPRINGS, CO 81601 Farm 13084 018011 wd.odt Warranty Deed (Photographic) GW®011892 {28198452} rig 1M.ar..d at_ RNu idea W.` 2633r<z JUN 4 197...1. Mix 460 itIGE21.9 Tins Duo, 166 We 27th day .i Murch 174 , between SuwLIGsr yin . COIWAPY a aorper•&es deli •ra*ised asd •Wing redse .ad by tinse of the laws lRraen4 i sty.r JUN 4 1974 STAR FEE of the Stat. of Colorado of tie Met part, .ad WILLIAM M. ZILM of .the Colorado came/ of Garfield of the eased pert: ..d State of WrniESSETIE That the said peril at the ftrat park for and 1n eotufd.nt%on of the aura of Ten Dollars and other good and valuable considbrations R. to the said party of the Shit Partin band paid by -the said part y of the second part, the receipt whereof te bree- by coatas:ad and aesiotewledg.d, hath granted, bargained, sold and convoyed, and by these presents doth grant, bar- gain, sell, convey sad cestlrm mato the said part y of the second part, his heir., and araigns for- ever, orever, all of the folloyingrdh.cribed lot or parcel of land, situet.*, lying and being in the County of Garfield and State of Colorado, to wit: See EXHIBIT A attached hereto and made a part hereof. NO STATE DOCUMENTARY FEE REQUIRED -Consideration less than $100.00 and this deed is given to correct the description of that certain property set forth in a deed recorded in the office of the Clerk and Recorder of Garfield County, Colorado as Doc. No. 262291 in ;.'Book 457 at Page 144. TOGETHER with'all and angular the hereditareente and .ppurtenaaces thereunto beiosgiag, or in anywise appertaining, and the revere/on or reversioru, remainders, rents, lune' and profita thereof; and all the estate, right, title, interest, claim and demand whatsoever of the paid party of the first part, either in law or equity, of, in and to the above bargained premises with the horedltemmta and appnutsnances, TO HAYS AND TO BOLD the said premicea above bargained and described, with the appurtenances unto the said part y of thesewnd pert his beim and assigns forever. And the said SUNLIGHT VIEW COMPANY, party of the firat part, for itself, and its successors, doth covenant, great, bargain, and agree to end with the said pert y of the second pert, his heirs and assigns, that at the time of the enie.ling and delivery of there presents it is well seized of the promisee above conveyed, ea of a good, sure, p.Meot, absolute end indefeasible estate of inheritance, in law, in fee simple, and bath good right, full power and lawful authority to grant. bergahn, aril end convey the Sams in gunner and forth aforesaid, and that the same ere free end clear from all former and other grants, bargains, sales, Sena, taxa., areesementa end ineumbrenees of whatever kind or nature aoewer; except 1974 general property taxes due and payable in 1975; U.S. patent reservations and exceptions; any and all easements and rights of way of a public or private nature; governmental rules, regulations and restrictions; oil, gas and other mineral eservations and exceptions of record; and the lien of that cviertain Deed of Trust iron Sunlight Development Company (now Sunlight View Company for the use n benefit of Cheater E. Axthelln and Evalyn R. Athelm, recorded as Doc. No. 254598, and the above bargained premiere in the quiet and peracceable possereeiS'n of the said part y of the .Sand part his heirs sea id part, of tb fisll iet pertshaall and an or w will WARRANT ANraone DD OR�11 DEFENto D. the whole or any yart't1raC0of, the .rld party li�..WITNESfj WHEREOF. Tile raid party of the first part bath ceueed its corporate name to be hereunto 7.- President, and its corporate seal to be hereunto affixed, attested by Rei fpj;'E I ..40 sear first above written. t7. 1.:5 mil ='v Y e.wel.rr. -171 wnutlll'eounty of,. GA •••••• SUNLIGHT VIEW COMPANY ••, »»._,•u •»..... By.. r...y,cs. Tire foregning'Id.lqument was aehnowiedged before me tblr 31 dal of May , 10 74 Y t; • 'f'111.1.1AH M • 21111 a0 President and ,•� es Secretary of r ''. = CHARLOTTE ll. ZILM SUNLIGHT VIEW COMPANY a corporation, ,rtr; • t . �_ My materiel camml.slon expires July 28, 1977 ,Cz 1 Witmer', m band and official are!. -• ..••-".. 0.1'...' -. Haran labia No. 40B. WAaaalf'rr DL.--/.,Nota.—andeeM Padlab4. Oen, 105410 Stoat abed, Dou . Colorado -1-79 C el ik All tb+it pat Seetipn' 3a T R as to r l'y o f ..`ta i goad, ;a a8 We n t c die Sixth line of amid Coun Beginning let the Southerly Quarter corner of said Section 34, being the same as Lhe NbrtherlySTQuarter corner of said Section 3; thence S. 89°32'26" E'. 1336.96 feet along the' Northerly tine of gelid Lot 2; thence S. 00°13'40" 0eS. E162 °1 4"" E. 6.1W8fgt4 feet along feet Easterly lint of said Lot 2 And the SW; the southerly line of said SW k;.'thehce"N;'118'50'37" W. 337.07 feet; thence 8. 21°37'38" W. 239.33 feet to point on the Southerly line of said Sg1kt1W%; thence S. 89°53'31" W. 825.45 feet along the Southerly line of said SO.N104 to a point on the Easterly right-of-way line of said road; thence N. 19°23'11." E. 236.65 feet along the Eaaterly right-of-way line of said rgad; thence N. 19°56'10" E. 1360.16 feet along the Easterly right-of-way line of said road; thence 170.35 feet along the arc of a curve to the right, having a radius of 1100.27 feet, the chord of which bears H. 24°22'3.7" E. 170.17 feet; thence N. 28'48'25" E. 137.14 feet along the Easterly right-of-way line of said road; thence 99.41•feet along the arc of a curve to the 'left, '.saving a radius of 633.11 feet, the chord of which bears N. 24°09'30" E. 99.31 feet; thence N. 19°48'37" E. 172.47 feet along the Easterly right-of-way line of Said road; thence 190.01 feet along the arc of a curve to the left, having a radius of 388.14 feet, the chord of which bears N. 05°47'04" E. 188.12 feet; thence N..08°14'30" W. 160.32 feet along the Easterly right-of-way line of said road; thence N. 05°57'03" W. 76.25 feet along the Easterly right-of-way line of said road; thence 97.56 feet along the arc of a curve to the right Having a radius of 1011.74 feet, the chord of which bears N. 03°11'19" W. 97.51 feet; thence N. O0°25'34" W. 104.91 feet along the Easterly right-of-way line of said road; thence 94.77 feet along the arc of a curve to the right, having a radius of 644.07 feet, the.chord of which bears N. 03°47'20" E. 94.68 feet; thence N. 08°00'15" E. 168.96 feet along the Easterly right-of-way line of said road; thence 105.34 feet along the arc of a curve to the left, having a radius of 439.26 feet, the chord of which bears N. 01°08'02" E. 1.05.59 feet; thence N. 05°44'11" W. 82.15 feet along the Easterly right-of-way line of said road; thence N. 10°24'11" W. 88.37 feet along the Easterly right-of-way line of said road to a point on the Northerly line of said SE'k,SW%; thence S. 89°06'1.3" E. 287.88 feet along the Northerly line of said SE'W3/4, to the Northeast Corner of said SESW-};; thence S. 08°449'40" W. 1526.51 feet along the Easterly line of said SE'SWk to the Quarter Corner on the Southerly line of said Section 34, the point of beginning, containing 76.25 acres, more or less.' _ 460jt2O • ithe $WM% and ell that part of Lot 3 and the.iikMdt of S (ith, gang 89 Meet of'the Sixtb Principal Miridien, lying Ly z�Yght-uf-way line of tha�County Road known so Four Mile Igor 6f the SR}OW% of Section 34, Tovaahip 6 South, Range 84 inc4pal Meridian, lying Easterly of the taaterly right-of-way oad and being more fully.described a's fo11o++a: EXHIBIT A WARRANTY DEED -SUNLIGHT VIEW COMPANY to WILLIAM M. FILM Recorded at 1F t'22 o'clock P. M., September 17 r 197 - Book 449 Reception No.. , 986 _, Elia Eta.phan° a Rcrbrdar. Page 471 Tuts DEED, Made this % 7 day of September 19 73, between C. E. AXTHELM CO., a partnership, and E. R. AXTHELM CO•, a partnership, Recorder's Stamp Sii,TE s:;U:EI,1Ilt EEE SE -61973 of the county of Garfield and State of Colorado, of the first part, and SUNLIGHT VIEW COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Colorado , of the second part: WITNESSETH, That the eald parties of the lira part, for and in raneideration of the sum of— Ten AOLLnRs, to the said part jes of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha_ ve remitted, released, sold, conveyed and QUIT CLAIMEmkI, and by these presents do remise, release, Bell, convey and QUIT 4/And unto the said party of the beretd part, Its sureaa+mn end assigns forever, all right, title, interest, claim and demand which the sold parties of the Mat part ha ye in and to the following described land and water rights situate, lying and being in the County of Garfield and State of Colodado, to wit: A parcel of land in Section 3, T. 7 S., R. 89 W., 6th P.M.; as more particularly described on Exhibit "A" attached hereto and by reference made a part hereof. NO STATE DOCUMENTARY PEE REQUIRED - Consideration less than $100.00 and ttu s deed is given to correct the description of that certain . property set forth is a deed recorded in the office of the Clerk and Recorder of Garfield County, Colorado.as Doc. No. 254597 in Book 433 at Page 284 thereof. TO HAVE AND TO HOLD the same together with all and singular the appurtenances and privilegbs thereunto belonging or in anywise thereunto appertaining. and alI the estate, right, title, interest and claim whata4aver, of the said porti es of the first part, either in maw or equity, to the only proper usa, benefit and behoof of the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, The said parties of t i ruL�P rt he irh�nd S } and seal s the day and year first above n•rltten. 'f1Llr1-'1. `f C. AX� HELM C . a partnership Ely-.".... •L .,-,./�pp .0 age a '.E aria ......:......[SEAL] A lfiigiiirrkl �rRl X Tier BY -Lao.. Leisp:Auj Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield }sa. 'The foregoing instrument wag acknowledged before me this 1 i day of September 1973,by. CHESTER E. AXTHELM and EVELYN R. AXTHELM, respective ,lly, as eneral Zrl:ners of the C. E. AXTHELM CO. and E. R. AXTHELMCO., x cx rroao-4,431(1/(1 19 Witness my band and;cfficial seal. a�. ... s 11{��J .l,cp.. C'JRd7.+.4.!!.riz.,t,6h ,,%.,'.7Ctirr htYl • \ AR • = �.~ !J{� j •lt by natured porton or pan7D0a here loran ammO OF aeinn. 1! 1,p perann ncltaa !n representative or ortiaial eopaeiIy or 15 atenrney-In•foet, then Invert Haab or person Re exrautor• CLIDIY+sy-In•ramt or of ar rapnov rlty or sarlpelaa; it by bilker at oor- no hien, tee,t Maart,Tach afrlear or e!flaerd, e.1aa err.Menl or other otflerre or mina evaporation, nn]tna t_—nide Mara Mary rlon No. 522. QUIT wr.AtKtraeD TO CORrettw7ION.--ar atord Pabluhtaa Co. 1ettee Meta street, Droner, Co1ande-4-72 • Book 449 POO 472 EXHIBIT "A" A parcel:of land being Lot 2 and the SWkNisk and all that part of Lot 3 and the SEkNWk of Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Easterly right of way line of the County Road known as Four Mile Road, also all that part of the SE'SWk of Section 34, Township 6 South, Range 89_ West of the Sixth Principal Meridian, lying Easterly of the Easterly right of way line of said County Road and being more fully described as follows: Beginning at the Southerly Quarter Corner of said Section 34, being the same as the Northerly Quarter Corner of said Section 3; thence S. 89°32'26" E. 1336.96 feet along the Northerly line of said Lot 2; thence S. 00°01'57" E. 1662.15 feet along the Easterly lines of said Lot 2 and the SANE'; thence S. 89°53'31" W. 2158.74 feet along the Southerly lines of said SW'NE: and the SE'NW4 to a point on the Easterly right of way line of said road; thence N. 19°23'11" F. 236.65 feet along the Easterly right of way line of said road; thence N. 19°56'10" E. 1360.16 feet along the Easterly right of way line of said road; thence 170.35 feet along the arc of a'curve to the right,having a radius of 1100.27 feet, the chord of which bears N. 24°22'17" E. 170.17 feet; thence N. 28°48'25" E. 137.14 feet along the Easterly right of way line of said road; thence 99.41 feet along the arc •of a curve to the left, having a radius of 633.11 feet, the chord of which bears N. 24°09'30" E. 99.31 feet; thence N. 19°48'37" E. 172.47 feet along the Easterly right of way line of said road; thence 190.01 feet along the arc of a curve to the left, having a radius of 388.10 'feet, the chord of which bears N. 05°47'04" E. 188.12 feet; thence N. 08°14'30" W. 160.32 feet along the Easterly right of way line of said road; thence N. 05°57'03" W. 76.25 feet along the Easterly right of way line of said road; thence 97.56 feet along the arc of a curve to the right, having a radius.of 1011.74 feet, the chord of which bears N. 03°11'19" W. 97.51 feet; thence N. 00°25'34" W. 104.91 feet along the Easterly right of way line of said road; thence 94.77 feet along the arc of a curve to the right, having a radius of 644.07 feet, the chord of which bears N. 03°47'20" E. 94.68 feet; thence N. 08°00'15" E. 168.96 feet -along the Easterly right of way line of said road; thence 105.34 feet along the arc of a curve to the left, having a radius of 439.26 feet, the chord of which bears N. 01°08'02" E. 105.59 feet; thence N. 05°44'11" W. 82.15 feet along the Easterly right of way line of said road; thence N. 10°24'11" W. 88.37 feet along the Easterly right of'way line of said road to a point on the Northerly line of said SEkSWk; thence S. 89°06'13" E. 287.88 feet along the Northerly line of said SEkSWk, to the Northeast Corner of said SE4SW4; thence S. 08049140" W. 1526.51 feet_ along the Easterly line of said SE'SWk to the Quarter Corner on the Southerly line of said Section 34, the point of beginning, containing 77.37 acres,• more or less. Together with all improvements thereon and all ditch and water rights appurtenant thereto and used in connection therewith, being the 20/130ths of the ditch and water rights described in the deed being corrected hereby. 1 NNI D Recorded nt... !:1 i, 5.-_.. o'clock ..-_.....4PT'lj...1�....z...-................- Itttte Oust servo... 4 9 nus . . e e49.fl.,. TINS DEED, Trade this i? ti', day of %.ari 1 in the year of our Lord one thousand nine hundred and s j xty_ tl,/0 between CARL 1_1111Dli;ii and IDA 1.UiiPIF6 of the County of Carfi e and Stale of Colorado, of the first part, and (s1J; STIP. E. AXTHJ_LM and EVELYII R. P.XTHELhI of the County of and Slate of Colorado, of the second port: W1'I'NEssorU, That the said part j e s of the first port, for and in consideration of the surn of !:?1 Dt'L1,t,61 iA;;J: C'1iiI:R VALVA:;LC C0631U6RATIOfi }Pa{..f.ARMX to Ilia said part 1 is of the neat part in bond paid by tho said parties of the second part, the receipt whereof in hereby confessed nod acknowledged, lin ve greeted, bnrgniece, sold end conveyed, and by these presents du :;Holl, bargain, sell, convey and confirm unto the avid parties of the second part, their Moira and assigns forever, not • in tennnny in cantnton but in joint tenancy, ell (he following described LAAS or parcel s of Jnnd, situate, lying and being in the County of Garfield and •State of Il:uterndn, lo -wit: 4Oho 5E 1/4 SIJ 1/4 of Sec. 34, 1. 6 S., R. 09 11. of the Gth P.M. ;` Lots ', 3 and 4 and the ; 7/2 4WJ 1./4, tete S4) 1/4 NE 1/4 and SW 1/11 of Sec. eecout 9.044 acres of SE 1/4 SW 1/4 of said Sec. 3 described as fellows: ISralp,inninr at the quarter corner between Sections 3 and .10, T. 7 S., R. 89 41. of the 6th P.N. thence westerly along the southerly line of said SE 1/4 S;1 1/4 a distance of 717.17 feet; thence N. 0°50' 1. 137.79 foe•t; thence ie. :19°33' 11.• 109.17 feet.; thence N. 30°30' E. 1tt1J.1.5 feet; thence U. 51°381 E. 136.0 feet.; thence N. 47423' E. 149. tem.; thence N. GG°59' L. 169 feet; thence 1J. 59°24' E. 2.-14.6 feet; • tnence iJ. 21°02' E. 75.93 feet to the easterly boundary of said SE 11 1/4I and thence southerly along the easterly boundary of said SE 1/ 5:1 1/4 629.66 feet; to tete point of beginning, all in T. 7 S., R. 89. O. of the Gth P.t•:. The SE 1/4 SE 1/4 of Sec. 7; the S 1/2 SIJ 1/4, ;.•r! 1/4 SW 1/4 and SE 1/4 SL 1/4 of Sec. 8; the NE 1/4 i16 1/4 of Sec. 9; the a.61 1/4 :114 1/4 of Sec. 10; and the W 1/2 NW 1/4, N41 1/4 SW 1/4 onto 1: 1/2 Sas 1/4 of Sec. 16, all in T. 7 5.,, R. 89 W. of the 6th P.14. 'i'ul•etiter with any and all ditches and water rights belonging to, used upon or in connection with any and all of said .lands above described, including, but without limitation, an undivided one-half interest in and to the Atkinson Ditch .lo. 30 and a like interest in Priorities iso. 33t 199, 147 and 1IUOF;•and the Flannery Ditch and its Priority Io, 13bIi;. and the H.fimmerich Pipe. Line end its Priority No. 521, all i the decrees of the District Court of Garfield County, Colorado, in .an for Water District No. 38, together with ell rights, title and intere in any springs and domestic water supply and pipe lines furnishing water to any of said lands above described. /1160, all of the grantor riphI: title and interest, if any, in the Ilamrnerich Ditch, in said Water District No, 3A. Subject, however, to any and all existing easements and rights of way and particularly but without limitation, any reservation by Previous owners of rights to use -of domestic water Crone springs supplying water to any of said above described lands. eubjec't, also, to a Coal Mining License Agreement, dated February 1, 1941, under which the Colorado Fuel 6 Iron Corporation granted unto Dave Davies the right to mine and extract coal from the E 1/2 E 1/2 of Soc. 8, T. 7 S., R. 89 W. of the 6th P.N. Together with all grazing rights appertaining to any and all of said lands herein and hereby conveyed and particularly any grazing rights on the Public Domain used in connection with said lands. Reserving, however, three-fourths of all minerals of every kind in, upon or under any of said lands, not previously reserved by the Unites Mates, said three-fourths of all minerals having been previously re- served by former owners of said lands above described. Garfield COr r. Book 34.0 Page 437. TOCIi"CIIFR with all rind !angular the hereditamttata and oppnrteeencea !hereunto belonging,, or in anyegen npprrinining, and the reversion nail reversions, remainder and remainders, renis, issues find profits thareaf; and ell the estate, right, title, inlarcnt, claim and demand whatsoever of the said parties of tha first part, either In low or equity, of, in and to the above bargained premises, with the hereditaments end appurtenances. No. 768. wARr.ANTY USED—To 7oro1 T.ennants—Rcn.lro,d•Robloean PIF, Co.. 360.. noblemen's Lego/ Blanks, 182416 Stout el.. beaver. Col°,o4 t s Book 340 Page 430 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the errand part, their heirs and assigns forever. Anel the said parti_eS of the first part, for them sal Yes ,theihclrs, executors, and administrators, do covenant, grant, bargain and af;roo to and with the said parties of the second part, their }mire and assigns, t11nt at 1110 time of no enseaiing and delivery of these presents, are well seized of the premises above conveyed, as of good, sure, perfect, abeolutc and indefensible estate of Inheritance in law, in fee simple, and ha ye good right, full power and hateful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the sante are free and clear from all farmer and other grants, bargains, sales, liens, taxes, assessments and incuntbtnuces of whatever kind or nature, weever, except a Deed of Trust to Equitable Life Assurance Society of the United States, with a present unpaid balance of .',13,750.00 re- corded as Document No. 178377 in book 252 at page 003, Garfield County records, and a Deed of Trust to Charles R. Kellopg and ha Verie Kellogg, with a present unpaid balance of $113,750.00, recorded its Document !io. 211.614 in book 330 at page 526, both of which obligations the parties of the second part herein assume and agree to nay. and the above bargained premises in the quiet and peaceable posssesion of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ie sof the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ie s of the first part have hereunto set the i rhund S and seal s the day and year first above written. Signed, Scaled and Delivered in the Presence of 1..it fjF -ni ..:f4(41:1..,....-.:........[SEA1.1 -JJ � .i .................[SEAL] [SEA ra STATE OF COLORADO, BB. ;s.rt:1W.tt:.,,�..,,:.- - -County of Garfield �, "y :L 1), ; "/free, t!, t'..�/.2 day of April z'. , , i'lyk,Spra�pulg iuetrumeat was acknowledged before Incmo this r' is 62.67`.?'.kar1 Lundien and Ida Lundien. `\O 1,!40,4itiml~ssfop expires March 22 , 19' rr ;- ots my hand and official seal. j11ti r .. Nal an' pobHe. 'If by natural' person or persons hero lin `�{ name or name; If by re .twitting In rapresentativa oroTfIelo1 npeckl' cr ne otlornryln-fart then Inuit p,.o i of parson on exeeutor, nllorgdri.rost or *their capacity or dacrIptlon; If by officer of corporation, the* Ipaert rain. ,.r earl, _ einter or ofllcrrs, N the w pynsldcot n�ntha offlcs of wrh corporation, naming lb Az] _48 LUN DI EN 1 rt Book 330 Page 524 Recorded nt 10:10 &clock A M., Nov. 2,�,..1Ci0.,........._......_._ 211613 Chas. S. Keegan Reception TniS DIED, rdndcthin 27th day of October in the your of our I.urd ova thousand nine hundred and sixty between CHARLES R. KELLOGG and LA VERLE KELLOGG of the County of Garfield and State of Colorado, of the first part, and CARL LUNDIEN and IDA LUNDIEN of the County of Garfield and State of Colorado, of the second part: 'WITNESS11TH, That the said part i es of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations »ittuaffiskt to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The SES SASA of Sec. 34, T. 6 S., R. 89 W. of the 6th P.M.; Lots 2, 3 and 4 and the S'jNW7g, the SWkNEly and SWI of Sec. 3 except 9.044 acres of SE SW% of said Sec. 3 described as follows: Beginning at the quarter corner between Sections 3 and 10, T. 7 S., R. 89 W. of the 6th P.M. thence westerly along the southerly line of said SE'ySWI'd a distance of 717.17 feet, thence N. 0°50' W. 137.79 feet, thence N. 19°33' E. 109.17 feet, thence N. 30°30' E. 188.15 feat, thence N. 51°38' E. 136.8 feet, thence N. 47°23' E. 149.7 feet, thence N. 68°59' E. 169 feet, thence N. 59°24' E. 214.6 feet, thence N. 21°02' E. 75.93 feet to the easterly boundary of said SE'SW' and thence southerly along the easterly boundary of said SEkSW'k 829.66 feet to the point of beginning, all in T. 7 S., R. 89 W. of the 6th P.M. The SE,4' SEt of Sec. 7; the S}SW'W, NW'1S10; and SEkSE'E of Sec. 8; the NElyNE' of Sec. 9; the NW NWS; of Sec. 10, and the ANA, NASW.14 and EjSW3/4 of Sec. 16, all in T. 7 S., R. 89 W. of the 6th P.M. Together with any and all ditches and water rights belonging to, used upon or in connection with any and all of said lands above described, including, but without limitation, an undivided one-half interest in and to the Atkinson Ditch No. 30 and a like interest in Priorities No. 33, 109, 147 and 406F; and the Flannery Ditch and 3 its Priority No. 136B; and the Hammerich Pipe Line and its Priority No. 521, all in the decrees of the District Court of Garfield County, Colorado, in and for Water District No. 38, together with all rights, title and interest in any springs and domestic water supply and pipe lines furnishing water to any of said lands above described. S . Also, all of the grantors' right, title and interest, if any, in the Hatteaerich Ditch a in said Water District No. 38. a ' Subject, however, to any and all existing easements and rights of way and particu- larly but without limitation, any reservation by previous owners of rights to use of domestic water from springs supplying water to any of said above described lands. Subject, also, to a Coal Mining License Agreement, dated February 1, 1941, under - which the Colorado Fuel & Iron Corporation granted unto Dave Davies the right to ladle: and extract coal from the Ek,Ek of Sec. 8, T. 7 S., R. 89 W., of the 6th P.M. i'o,;cthc:r with all grazing rights appertaining to any and all of said lands herein land hereby conveyed and particularly any grazing rights on the Public Domain used in connection with said lands. RESERVING, however, three-fourths of all minerals of every kind in, upon or undez` any of said lands, not previously reserved by the United States, said three-fourths of all minerals having been previously reserved by former owners of said lands above described. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversion'', remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, elaim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DERD—To ].tat Teasel..—Bedford.Roblawn PIR. Co. Mfrs. Robinson', Legal Dhaka, 11124-46 Moat Dt., Denver. Colorado Book 330 Page 525 TO HAVE AND TO NOM the aal1 premises above bargained and described, with the appurtenances, unto the raid espies of the second part, their heirs and us5ts:ns forever. And the Geld gest teed the first part, for them selves, t-hai.rheire, executors, and administrators, do covenant, grant, bargain and agree to and wlth the said parties of the second pnrt, their heirs and assigns, that at the time of the ems:dinr and delivery of these. presents, they are well seised of the p=remises above teavcyed, as of goad, stare, perfect, •hanir.;e and iade.ca?ILle estate of inheritance in taw, in fee simple, and ha ve good right, hill power and lawful authority =a errant, bargain, sell and convey the same in manner untl form aforesaid, anal that the same are free and dear from ail towner and other grants, bargains, mice, liens, taxes, assessments and incumbrances of whatever kind or nature, soever•except a deed of trust co secure a loan by The Equitable Life Assurance society of the United States recorded as Document No. 17E377 in Book 262 at Page 603e nty Clerk and d of the and exceptthe fgeneice bralt3taxes ufor 1960, payable in 1961,r of Cthe County, second purtics assume and agree to pay; and the above b:treained premises In the qukt end peaceable possession of the said ya:•iles of the second part,„ Lok — heiraand assigns, Ilyoin:lt all and every person or persons lawfully claiming or to claim the whole or any I' the sold part fes of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the sold port ies of the first part ha Ve hereunto set their hand $ and seal S the day and year first above written. Signed, Scaled and Delivered in the Presence of STATE OF COLORADO, County of GAt7r'IELD The foregoing instrument was acknowledged before me this 27th day of October 1!GO , by' CHARLES R. KELLOGG and LA VERLE KELLOG�itness trip hand and official seal. My commission expires -I.: _ r f _ s j h ;.7 ' r7 -"le 1 �:=:'.�i:"�rL...;Gx....c.%1.......!�i.: •y^r,.f....[st�Ar.l• (SEAL] [SEAT,] • ,,,c.::.....a.Rl..d. :. Maloof roue. oe or ty •rr by radian! ;lamb, or i. fl nt 1:no invert .'nr f l nom.; a t�Y_ Mane ottbuf 1,lmrf or 1, apin.roel. the., !mad nwne or gumbo 61rr,vier, /ttoru •n. n e or dareelylunWino of oaroocremMoroi oV.ro ofn=ce or arlM:. a■wwmldemt r`•'•^.••• - • � s ' yi 115575 • 0 H •Book 330 'i Pa(e 522 Recorded at..ld' 10 _o'clock A M, Nov. 2,, 19,49„.,_ ..._ 211612 Chas. S. Keegan „ ,,,., itecoraar. Reception No._.._..-.. ••..•••-• Tress DEED, Made this 5th day of May in the year of nor Lord one thousand nine hundred and fifty-six between !OSCAR Ml]TTIIEWS and BETTY MAT'I'HEWS tl d of the County of Garfield and State of Colorado, of the first port, and BABIES R. KELLOGG and La VERLE KELLOGG of the County of Garfield ■011 State of Colorado-, of the second pert: Wt'1NESSBTR, That the mild part ies of the first part, for and in consideration of the sum of Ten and no/100 Dollars and other valuable considerations must raid past les of filo drat port in hand paid by the eikl parries of ttta sec004 part, the raetiPt whortni is j' hereby corlfes.ed and RIIcnolrled00I. hn Ye cranial, bargained, odd and conveyed, and by thero presents do grant, Lanais, sell, convoy end confirm unto the mild parties of the second part, not in tenancy in ealltmttn 1101 I11 1 Jo -Int to ionoy, the evrrlror of them, their semens and the ilnlrn and assignn of ouch nnrvlvor forever, all th0 follow- ing, d°eeribed iat o or penal 5 of land, Manic, lying and behtr in the Ceunlyaf I Garfield end Stats of Colorado, tn•Wit: The $E,'—i5W i of See. 34, T. 6 i $. , R. 89 W. of the 6th P. M.: Lots 2, 3 and 4 and the SINW;, the SW .NIC{ ant! SW' jvf Soc. 3 except 9. 044 acres of SEjSW; of said Sec. 3 described as follows: Beginning tt the quarter corner between section:; 3 and 10, T. 7 S.. R. 89 W. of the 6th P. M. jience westerly along the southerly line of said SE-ISW1 a distance of 717.17 feet, thence I. 0°501 W. 137.79 feet, thence N. 19°33' E. 109. 17 feet, thence N, 30°391 E. 188.15 beet, thence N. 51°38' E. 136.8 feet, thence N. 47"231E, 149. 7 feel, thence N. 88° 91 E. 169 foot, thence N. 59°24' E. 814.6 feel, thence N. 21°02' E. 15.93 feet to �,he easterly boundary of said SE+SW+ and thence southerly along the easterly boom- }41ary of said S1;W4 829.86 feet to the point of beginning: all in T. 7 S., R. 09 W. o1', tie 6th 1'. M. oi r The SE�SEI. of Sac. 7; the $ SW;, NWISW'* and SE}SE'/ of Sec. 8; the NE}NES pee. 9; the NWINW:1 of Sec. 1.0, and the W4NW+, NW:I,SW+ and EI,SW of Sec. 16, 31L,i s jit 1'. 7 S., R. 89 W. of the EU P. M. Together with any and all ditches and water rights belonging Lo, used upon or in a t: connection with any and all of said lands above described, including, but without mitation, an undivided i interest in and to the .Atkinson Ditch .No. 30 and a like s us terest in Priorities No. 33, 109, 14'? and 4053'; and the Flannery Ditch and its ? a z riority Na 13613• and the Hammerich Pipe Line and its Priority No. 521, all in the ilNo.36, together with all rights, title and interest in any springs and domestic _: , a. 'Iter supply and pipe lines furnishing water to any of said lands above descrihed, Also, all of the grantor's right, title and interest, if any, in the Ilammerich J itch, in said Water District No. 38, i Subject however to any and all existing easements and rights of way and particu-'I I arty, but without limitation, any reservation by previous owners of rights to use of domestic water from springs supplying water to any of said above described Lands. f .1 Subject, also, to a Coal Mining License Agreement, dated lab. 1, 2941, under : Which the Colorado Fuel & Iron Corporation granted unto Dave Davis the right to minds itnd extract coal from the E3Ea of Sec. 8, 1', 7 S. , R. 89 W. of the fall P. M. Together with all grazing rights appertaining to any and all of said lands herein 6 4tnd hereby conveyed and particularly any grazing rights on the Public Domain used n connection with said lands. RESERVING, however, 314 of all.minerals of every kind in, upon or under any lif said lands, not previously reserved by the United States, said 3/4 of all minerals taving been previously reserved by former owners of said lands above described. 1. as EXCEPT, a tract or parcel of land situate in the SW9SWq cif Sec. 3, T. 7 S. , R. 89 W. of the 6th P. M. described as follows: Beginning at a point on the easterly right-of-way line of the County Road from whence the SW corner of Sec. 10, T. 7 S. , R. 89 W. of the 6th P. M. bears S. 8°57' W. 6361.5 feet; thence S. '17°48' E. 147.4 feet; thence N. 13°16' E. 149.3 feet; thence N. 76°37' W. 147.5 feet to the right-of- way line of the County Road; and thence along the right-of-way line of the County Road on a curve to the right, the cord of which bears S. 13°15' W. 152.3 feet to the place of beginning, containing 0. 503 acres more or less. it 'rOGr,TDER with ell and aingulnr the hereditaments and appurtenenccs tltarounto belonging, or 10 nnywlto 't appal -sapling, and the rerersi°n and maniocs,I+¢Innindnr and remehiders, von t$ issues end profits thereof; and I leer ea equity, or, In and to tho nbove barsoiued premien, with the hereditaments and appurti ell the etiate, right, thio, interest, riefm and demand whlrtonevor of the said part 105 of the hist part, either in enances. es of the District Court of Garfield County, Colorado, in and for Water 'Districts N.768. WARN/WTI' ertn.—T°.2 8 t Tenant,.—braerord-Jlebinnon Plc. Co.. Mfrs. Robinson'e Legal Blanks, 7821--1e Stout St, Delmar, Cola. 3ook 330 Page 523 • TO RAVE AND TO BOLD the sairl premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survlvor of them, their assigns, and the heirs and assigns of such survivor for- ever. And li:c said part iCS of the first par„ for them .Awes their heirs, esecatnre, and administrators, do covenant, grunt, bargain and agree to and with the Bald parties of the second part, the survivor of them, tltcir aseia In and the heirs and assigns of such survivor, that et the time of the ensenling and delivery of these presents, the.) a ro nett seised of the premises above conveyed, as of good, sure, perfect, absolute and inde- fensible estate of ieheritaitee in law, in fee simple, and ha ve eaod right, full power and lawful authority to grant, uargain, tell an•i convey the came In manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, server, SUBJECT to Trust Deed to secure a Loan_ by The Equitable Life Assurance Society of the United States recorded as Document No. 178377 in Book 262 at Page 603 of the records in the office of the County Clerk and Recorder of Garfield County, Colorado, and the above bargained promisee in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and tho heirs and assigns of such survivor, against all and every person or persons lawfully, claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN rNESS WHEREOF, the said part 10S of the first part he ve hereunto set their band S and i5' seal S the day and year first above written. SI• -nod, Scaled and Delivered in the Preemie° of STATE OF CCLOItADO, County of Garfield Tile fotegoing instrument was acknowledged bcforc me this 5th day of May A.D. .O dG ,by. OSCAR MATTHEWS and BETTY MATTHEWS. My comriihtsion expires March 19 , 19 60 Witness ray hand and offioial seaL •RAT.] pt{e{r�sf� [SEAL «. ,.,.. [SEAL] 4 ft ty natural perron or Persons hero Mort rete ornan,N; iL 1.' persons action In reprosentative or official ecpaelks or as gttnn.et-in-tort then rn•rrt wane of person ss ms. otor. attcrory•In-fact or otbre capacity or dcscrletka l if by officer of eorpotallon, then Insert offker or office... ,.e the �Lr" 44. /rr'•.• �•li� ,:n `y.:af1L.11 t, caliita • fiy`t.: 1111 • • !Y H NT TENANTS .J r-.+; tr. r 0 ` i C T 0 A w " • V � 4 O 3 a J d H W '0 0 STAT ia ilbok 2$7 ReaoraenPage 374 191425. Chas. .. Keegan , ........... .Recorder. Recoption No,.._.-...,.,.,....._..._.......�.,...,._...---.,,.. `1'HIS DEED, Made this 8th day of April in she year of our Lord one thousand nine hundred and fifty-five between J. HILTON WIX of the County of Garfield and State of Colorado, of the first part, and OSCAR MATTHEWS and BETTY MATTHEWS of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideration M the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confossed and acknowledged, ha s granted, bargained, Bold and convoyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second' part, not in tenancy In common bat in joint Milano, the earvivor of them, their assigns and the heirs and assigns of such survivor forever, all tho follow- ing described lot or parcel of land, oats, lying and being In the County of Amato, . Garfield and state et Colorado, to -wit: The SE4SW4 of Sec. 34, T. 6 S. , R. 89 W. of the 6th P. M.; Lots 2, 3 and 4 and the SZNW4, the SWINE+ arid SW4 of Sec. 3 except 9.044 acres of SE4SW4 of said Sec. 3 described as follows: Beginning at the quarter corner between sections 3 and 10, T. 7 S. , R. 89 W. of the 6th P. M. thence westerly along the southerly line of said SE4SW4 a distance of 717..1,7 feet, thence N. 0°50' W. 137.79 feet, thence N. 19°33t E. 109. 17 feet, thence N. X30°30' E, 188.15 feet, thence N. 51°38' E. 136.8 feet, thence N. 47°23' E: 149.7 feet; thence N. 68°59' E. 169 feet, thence N. 59°24' E. 214. 6 feet, thenc:, N. 2'1°02'-E. /6.93 feet to the easterly boundary of said SE,' -.1 and thence souther along the easterly boundary of said SE4SW4 829,66 feet to the point of beginning; all in T. 7 S:y' R: 89 W. of the 6th P. M. .The SEISE'-, of Sec. 7; the *W4, NW*SWg and SEISE!. of Sec. 8; the NE4NE4 of Sec. 9; the NW4NW4 of Sec. 10, and the W4NW4, NW4SW4 and E4SW4 of Sec. 16 all in T. 7 S. , R. 89 W. of the 6th P. M. Together with any and all ditches and water rights belonging to, used upon or in connection with any and all of said lands above described, including, but without limitation, an undivided 4 interest in and to the Atkinson Ditch No. 30 and a like interest in Priorities No. 33, 109, 147 and 406F; and the Flannery Ditch and its Priority No. 136B; and the Hammerich Pipe Line and its Priority No. 521, all in the decrees of the District Court of Garfield County, Colorado, in and for Water District No. 38, together with all rights, title and interest in any springs and domestic water supply and pipe lines furnishing water to any of said lands above described. Also, all of the grantor's right, title and interest, if any, in the Hammerich Ditch, in said Water District No. 38. Subject however to any and all existing easements and rights of way and particularly, but without limitation, any reservation by previous owners of rights to I use of domestic water from springs supplying water to any of said above described lands. Subject, also, to a Coal Mining License Agreement, dated Feb, 1, 1941, under which the Colorado Fuel & Iron Corporation granted unto Dave Davis the right to mine and extract coal from the E4E4 of Sec. 8, T. 7 S. , R. 89 W. of the -6th P. M. Together with all grazing rights appertaining to any and all of said lands herein and hereby conveyed and particularly any grazing rights on the Public Domain used In connection with said lands. RESERVING, however, three-fourths ,tif all minerals of every kind in, upon or under any of said lands, not previously reserved by the United States, of which one- half (4) of said minerals having been previously reserved by former owners of said lands above described, and one-fourth (4) is reserved by the grantor hereof, (This conveyance is made for the purpose of correcting errors in description Contained in former deed between the parties hereto recorded as Document No. 189180 in book 283 at page 179 of the records in the office of the Clerk and Recorder of Garfield County, Colorado, and as a confirmation of title in the grantees herein named by the grantor herein named in and to the real property above described which was intended to be conveyed by said ocu t ant >, 0 1 1 D:OLkltBaat TOGETHER with all end singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the raveraiott and reversions, remainder and romeinders, rdnte, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the *OW part y of the first port, either in law -or equity, or, In end to the above bargained premixes, with the ltctodltatne'nts and appltrtenancea. No. lea. WARRANTY DEED. -To Joint Tenon to.-Deadr°rd•Robinnon Pte. Co., Mfrs. Robinson's Lep! a.nlp, 7Beq-a Stout Sk, Denver, Colo. a Hosie 287 Pa7,e 375 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said nettles of the nocond part, the survivor of them, their assigns, and the heirs and assigns of such survivor for. aver. And the said part y of the first: part, for hirnel f, ilia heirs, executors, and administrators, do CS covenant, grant, bargain and agree. to and with the said parties of the second part, the survivor of them, choir assigns and the heirs and assigns of such survivor, that at the time of the onscaling and delivery of theca pYosanSa,' he is well mixed of the promises above convoyed, as of gond, aura, perfect, absolute and inde- feasible Wale of inheritance in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, soil and convoy the some in marmot and form aforesaid, and that the in see free and clear from all former and other grants, bargains, sales, liens, taxes, asscastnents and incumbrances of whatever kind or nature, sceptic, SUBJECT to Trust Deed to•secure a loan by The Equitable Life Assurance Society of the United States recorded as Document No, 178377 in book 262 at Page 603 of the records in the office of the County Clerk and Recorder of Garfield County, Colorado, and the above bargained premises in the Quiet and peaceable possession of the said parties of tho second part, the survivor of them, their assigns and the hairs and assigns of such survivor, against aR and every person or persons lawfully claiming or to claim the whole or•any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ba S hereunto set his hand and seal tho day and year first abovo written. ... ...... Signed, Scaled and Delivered in the Presence of . STATE OF COLORADO, County of Garfield y� Tl?e filf4oing instrument was acknowledged b01ore me this IfJ• J; HILTON W1X. •`.1.'':"11/641rl h=" axpirca • • U Et L -I C tc • zY_GG_ir mac, ......... 43lALI [SEALI /7 t day of ' ,, 19 5' . Witness my hand and official seal. . Notary 'WAIL e1f by enteral person or parson here Insert name or name; if bo persona aclinp In repreeentativo or official capacity or se attorney -inflect, then insert name or Inman oe executor, attorney -In -feet or other anpoclty or description: 11 by ofllecr of corporation, then Invert soma of each officer or offlecle, as the president or'other offloese of each corporation, nomina I. STATE OF 3 nciepti[.in N... ,ii,�,2 ,.o. ...:,I. ++ .T)J i J, F' o l. . - Rt•eUrtIN•r This n.1S14D, \ tnde this twenty second (In) of July n iLc, elr nl nun ford ane thousand nine hundred an 1 forty eight he t. ten DAN C. WADSWORTH and MARGARET WADSWORTH of the Cnimty rf Garfield and St.nte of Colorado, of the fist purl, and J. HILTON NIX itli the County ie. Garff. e1d. nnrl atazte of Cnlnt:nrtn, a the xrP•nnli to , : II 1v1TRt'SSETl1, That the sold in r:ie& of the first pnrt, for and in consiilaration of the stun of i Forty Thousand (e44,0OO) DOT,f,:llt$, to the 'said pm't 1e13, of the first par: in hand paid by tate said part Y of the.second purl. the receipt whereof is hereby ens -trussed I n1 naknowicdt;eel lin ve granter', bargainer', auld end cnn- veyed, anti by these presents do grant, bert;liitt, sell, convey incl confirm undo tlic Road. port Y of the sceonel trnrt 1'lia heirs end nasigos fntnvar, all the follott ing described lot 8 ul parcel 8 of land, situate, 'ping null tieing in the CInl:rl•F of Gar f i. el d. Slate of [loloradn, to wit: The South Half of the Southwent qunrttsr (S'tSW*) nnrl the Northwest Quarter or the Southwest Quarter (NWSSWU, Section Eight (8), and the Snsithrnat Quarter of the Southeast Quarter (5[:;91;,) of Section Seven (7), Township Seven (7) South, 112nirt Eighty-nine (89) Went of the Sixth (t,th) Pr tnc .tail Meridian,anther with the FlanneryDaniel Ditch and water right conneced therewith pertaining to sold land. The Southeast Quarter o, the Southeast; quarter rter (SE? SE*) of Section Eight (8) ; the Went Half of the Northwest quarter WNW', the Northwest Quarter of the Southwest Qunrtcz' (N401) and the Eat il>:tlf'Of the Siltithwesl' quarter WSW'), Section Sixteen (16), Township Seven (7) Sleuth, Range Eighty-nine (09). Wu6i of the Sixth (Citi) P. M. The Southeast Quarter of the Southwest quarter (SE.;S''W ) of Section Thirty-four (14), Township Six (6) South, Range Elffhty-nine ($9) t' lent of the Sixth (6th) P. M; the Southwest Quarter of the Perth, east Ounrter (S'rrO11 ) the South Half of the Noi'thu'At C�tf'+rter' (5;1�'rf1) and Lots Tufo (2., Three (i) and 11'ou (4), the North Half of the Southwest Quarter (N SW,t,), the Southwest Qwwter of the Southwest quarter (SWIS'li) rend the .South.mrit quarter o1' l:he South- west. QWtrt,'r (SF:;{SS•7:1) of Seguin Three t') except 9.01411 nrretl- descrihed a© follows: Re0.',ninp; at the i/f1 jtsr•ner between Sections 1 and 10, Tornnilip 7 80tl:h, RRngc 89 ,fast, thenr-C West an a line bo two n sou 1/4 r.orner and the N. V. corner of Sec. 10, Township 7 South, 1"fnnge 89 W. 717.17 feet; thence Hnrbh L7 deg. $n' West 1'17.79 feet; thence North 19 deg. 3?' East 149.17 feet; thenrc North 10 deg. 70' Ep.ot 11.8.15 feet; t!:en,,c: North 51 deg. i0' 'Est 116.0 feet; thence Porth b7 ieg. 21' fast 149.7 feet; .thence North 6b deg. 59' East 169 feet; thence North 59 ,leg. 24' East 21.h.6 reet,' thence North 21 dog. 42 East 75.93 feet; thenre South 829.66 Net to the place of binning. Also, the Northwest quarter of the. Northwest quarter (AW* 1l ) of Section Ten (14), Township Seven (7) South, Range mighty --nide (89) Nest of the Sixth (6th) P. 14. Tomether with Iq).1 water and tOater rights, ditnh and cutch rights, used in connection or ttl,purtenant to said lands, including, but not exclusively, the fo==.owing: F:17 n 4 ;11.u:1 -r ntr.T Thr Per. k.., nue 11ee,n.4.i.• t..j-rtw.s: is=e Rlmd m. !Wt., CWS Hook 238 Page d4 An undivided one --half ( ) interest in and to the Atkins n !Etch No. 30, and n like interest in Priorities Numbers 33, lt) and 147, calling for 7.7 cubic feet of water per second of time. Alno :}l1 interest in and to the spring and domestic water supply and pipe lanes extending from said spring to the reside!?ce house (reserv_'.ng, however, for the perpetual use of George Hamterich, a euffinient supply -of water for.his own use from said sharing for domestic use through anther pipe line to his.residence Arad -other impraveagnta). And together with the Hammeriah Di(ch. Subject to all existing rights of Flay for roads, telephone sines, power linea, ditches and•pipe 11nes, and all existing easement(' of any kind or nflture now on or -appurtenant to said descrite . premises. And nub,:ect also to a Coal Mining License Agreement, • dated Feb. 1, 1941, under which the Colorado Fuel & Iron Corporatidn granted unto Dove Davies the right to mine and extract coal froi thg East Half of the East Half (1?*ED of Section Eight (8), ?ownehip Seven (7) South, Range Eighty --nine (89) West of the Sixth (:7th) P. M., containing 160 acre° more or lees, according to the terata and provisions of said Coal Mining License Agreement. • Grantors herein reserve to themselves one -,half of all oil ani mineral.righte. To ether with grazing J•l.felits on Public Domain used in connection with the above land TOGiTE;t with all and singular the hereditaments and appurtenances thereuntc belonging, or in anywise appertaining, and the reversion and reversions, remainder and :remainders, rants, issues, and _profits; thcteof; and all the estate, right, title, interest, claim and demand whatsoever, of the said part lea of the first part either in law•or equity, of, in -and to the above bai•auinarl premises, with the hereditaments and appurtenances. TO HA'E AND TO HOLD the said premises above bargained end described, with Cu appurte- nances unto J. HILTON WIX the said part y of the second part his heirs and asigns forever. And the said . DAN 0 . WADSWORTH and MARGARET WADSWORTH for them parties of the first part, selvea,theiTheirs, executors and administrators, do; and agree to and with the said part y of the second part, h1.8 time of the ensealing and delivery of these:presents they are eovenat, grant, bargain heirs and assigns, that at the well seized. of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and sa ve good right, full power and lawful authority to grant, bargain, sell and 3onvey the same in mannar and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and ineumhrances of whatever ldnd er nature soever. Book 2)6 Page 85 and the above bargained premises in the quiet and peaceable possession i'. the said part y of the second part hie heirs and assigns, against all and every parson or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS -WHEREOF, The said part iee of the first part ha Ile hereunto set their hand 8; and seal 6 the day and year first above written Signed, Sealed and Delivered in Presence of ::....[SEAT;] TA !►�C.�ddtl -.-SEAT.] .. ................._ .[SEAM STATUTORY ACKNOWLEDGMENT, SESSION 19rT STATE OF COLORADO, tI ir..I.a..7 ss - plus foregoing instrument was seknouledged before me this 22 day of July �,tlr,.,a r•y�rr. ;' �u}��ego4¢'i, DAN O. WALSWORTH and MARGARET WADSWORTH .V.r Q 1 A'Mt.0.;k; ix hand and official seal. ': U flgiiii tzion expires July 3, 1949. "r<<;ussv.c°.G .if by .elerei yerken ar /kerne•. bone lutrt n.mo u. n.mr; 1f M penon 001100 In rrytelrrnlattre or oalcl.t ..ynettr or or adorn.,-Imr.OL, lhen Insert 1,2/TP of n.lo. 0. ,Rnul.t, niten.r(-M-[eel. as bib et concent or deneriytion: if bT Orient of eur.nflen, !ben Inert n0me of =ea officer or orient. us Iho oec,Itrnt or otter, pointp or nth eemoereli.n..ominc Ir, 892726 05/23/2017 01:51:07 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $26.25 eRecorded 111111111111 II I1111111I11I 11111111 Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Doalmentary Fee Date: May 23, 2017 $ 26.25 THIS DEEM made on May Z, 2017 by WILL TAM M. ZILM AND CHARLOTTE 1L ZILM Grantor(s), of the Cotrray of GARFIELD and State of (:c I YC. -Ct r> ftm the consideration of ($262,508.00)4.. Two Hundred Sixty Twu Thousand Five Hundred and 00/100'"""' dollars in hand paid, hereby sells and coveys to CAM PROPE.RT FS, LLC, A COLORADO IM1TE:D LIABILITY COMPANY Grantee(5). whose street address is GLENWOOD SPRINGS, CO �``� 81601 Cuuuty of GARFIELD, arc] Sneer of COLORADO, the fullowing seal property iu tate County of Garfield, and State of Colorado to wit ,lir-`p x .'31 I SUNLIGHT PARKWAY 2ND AMENDED PLAT OF SLTNLIGJJT PARKWAY AC CORDING 7Y] THE FLAT THEREOF RECORDED DECEMBER 1, 2014A3 RECEPTION NO. 856817. COUNTY OF GARFIELD STAFF OF COLORADO also known by street and number as: TSD COUNTY ROAD U7 GLENWOOD SPRINGS CO 81601 with all its appurtenances and warrants the tide to the same, subject to genera/ taxes for the year 2017 and those specific Exceptions is described by reference to recorded documents as reflected in the Title Docurnenrs acrepied by Gramee(s) in accordance with Record Tide Matters (Section 0.7) of the Corinna to Buy and Sell Real Esrcce re10th g to the above described real property: distribution uriiv easements, (including cable 719; those specifically described rights of Miry! rex shown by the public records of which Granth (s) has actual7oiuwlpdge and which were aoaepti"d by Grantee(s) in accordance with Off -Record Title Matters (Section 03) and Current Survey Review (Section 9) of the Cordract w Buy and Sell Real Estate relating to the above descrthed real property; vtciusiwu of rhe Property widths any special tax dtstrfcr; cmd other NONE lirioae, 911• w1LIJ/Mx.7.1114 r}ensue�rr�0.ZLLM State of COLORADO ) ) s% County of GARFIELD The foregoing instrument was acknowledged before me our this day of May 23, 20 7 by WILLIAM M. ZU.M AHD CHARLOTTE LOT T£ 11. ZILM LAURIE J CRUZ -POTTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054036483 My Commission Explras November 4,2017 / 7 Notary Pub 1/0. -.AN int r My mmodetdon expires When Recorded Return to: CAPPO PR t1PERTIE3, LLC, A COLORADO LIMITS LIABILITY COMPANY THD COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 Form 13084 01/2011 wd.odt Warranty Deed (Photographic) GW63011892 {28188452} PP" Lind Tile Reception No. 477156 B-936 P-452 04/26/95 03:07P PG 1 OF 2 MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER WARRANTY DEED RFC: DOL NOT 10.00 2,50 THIS DEED, Made this 24TH day of APRIL , 1995 between JOHN WILSON BERSHENYI AND ALICE P. BERSHENYI of the said County of GARFIELD and State of COLORADO , grantor, and WILLIAM M. 2ILM whose legal address is 0090 SUNLIGHT DRIVE, GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO . granter WITNESSETH, That the grenrnr for and in consideration of the sum of Other Good and Valuable Consideration and Ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold end conveyed. and by Naso presents doer grant, bargain, sell, convey and confine, unto the grantee, hie heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A" as known by Nroat and number as: VACANT LAND TOGETHER with all and singular the hereditaments and eppurteoences thereto belonging, or io anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, end all the estate, right, title, Interest, claim and demand what- soever of the gra or, either in law or equity, of, In and to the above bargained premises, with the licroditernenta and appurtenances. TO HAVE ANDTO BOLD the maid premises above bargained and described, with Lha appurtenances. unto the grantcc, his heirs end assigns forever. And the grantor, for himself, his heirs, and personal rrpresantediva, does covenant, grant, bargain. and agree to and with the grantee. his heirs and assign r. ilial at the time of the encoding and delivery of these presents, he is well selxcd of the piriniaea shove conveyed, has good, aura, perfect, absolute and indefeasible tame of inheritance, in law, in Toe simple, and has goad right, full power and lawful authority to grant, bargain, sell and convoy the same in manner and form ns sformaid, and that the same ere free and sitar from all former and other greats, bargains. solea, liens, taxes, anneatmeata, encumbrances and restrictions of whatever kind or nature ;never, except easements, restrietionft, roservat1ons and rights of way of record, or eltuate and in use, and real property taxes for the year 1995, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WIT7VESS WHEREOF, the grantor has executed this deed on the ,Inc .i, forth above. Jf]IIN WILSON BERSHENYI State of COLORADO )as. County of GARFIELD I i it f ` i ALICE P. BERSHENYI 1 The foregoing instrument was acknowledged before me this 24TH day of APRIL ,19 95 , by JOHN WILSON BERSHENYI AND ALICE P. BERSHENYI My commission expires 070796 Witneas my hand and official sed, KRISTINE LEAHY NOTARY AURIC }} STATE Of C01 DRADO _ _ Myiramrrssiontavres 7.7-9h ak su 71W ,{ t rowerst n0 i6 a Flk Ne. MAIM No. MA WARRANTY ilhl Il 1Fes PhdrarmphkPrexd1 Notary Public -VO; Pr".. 0090 SQm\.y1.k i3*o r� G roQ, $tir.n .s, CQ 9Itoo1 SCHEDULE A r►rnt�� PROPERTY DESCRIPTION ORDER NO: 95023958 Wm A tract of land located in Section 34, Township 6 South, Range 83 09 West of the Sixth Principal Meridian; said tract of land being more particularly described as follows: GI Beginning at a point on the Easterly line of the SE1/45W1/4 Section 34 from which the South One Quarter Corner of Section 34 bears South 08 degrees 49 minutes 40 seconds West (S 08 degrees 49'40" W) 1526.51 feet distance; thence North 17 degrees 47 minutes 37 seconds West (N 17 degrees 47'37" W), a distance of 1294.15 feet; thence North 88 degrees 53 minutes 29 seconds West (N 88 degrees 53'29" W), a distance of 75.59 feet to a point on the easterly right of way of Garfield County Road No. 117 (Four Mile Road); thence following said Easterly right of way the following three (3) courses: 1. 321.97 feet along a curve to the left having a radius of 1648.43 feet, delta angle of 11 degrees 11 minutes 27 seconds (11 degrees 11'27"), a chord bearing of South 04 degrees 29 minutes 13 seconds East (S 04 degrees 29'13" E'), and a chord length of 321.45 feet; thence 2. south 10 degrees 04 minutes 56 seconds East IS 10 degrees 04'56" E), a distance of 466.01 feet; thence 3. South 09 degrees 38 minutes 49 seconds East (S. 09 degrees 38'49" E), a distance of 455.57 feet; thence leaving said Easterly right of way South 89 degrees 06 minutes 13 seconds East (S 89 degrees 06'13" E), a distance of 287,88 feet to the True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO Z 03 dLO:CO 96/9Z/10 'SG 9 -PAGE 500 Recorded at,../0: a° o'cloccic®®....Cl..;M., q Reception No..... vo .rldrte- ...Ilrcorder. MAR 4 197 THIS DEED, Made this 24th day of ' February ,:19 75 , between JOHN P. BERSHENYI and CAROL A. BERSHENYI of the County of Garfield and State of Colorado, of the first part, and -JOHN WILSON BERSHENYI and ALICE P. BERSHENYI of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part jes of the first part, for and in consideration of the sum of Dollars ($10.00) and other valuable consideration, to the said part ies of the first part in hand paid by the said parties c the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part res of the second part, their heirs and assigns forever, all the following described lot g or parcel g of hind, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The lands, ditch and water rights described in Exhibit A attached hereto AR toujiir Ten and by reference thereto made a part of this Deed, together with all improvements thereon and all grazing permits issued by the Bureau of Land Management under the Taylor Grazing Act based upon said lands. Said lands contain 203 acres, more or less. TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and tbp reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said partiesof the. first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANTY DEED—For Photographic Rccard. —Bradford Publishing Co., 1824.40 Shut Sheet. Dcnvcr, Colorudn HU 469 PAGE 50 i TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part ies of the second part,their heirs and aesigna forever. And the said part X89 of the first part, for themel yes heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said part ies of the second part, their heirs and assigns, that at the time of the ensealing and delivery of three presentathey are well seized of the premises above conveyed, as of good, euro, perfect, absolute end lndefeaelble estate of inheritance, in law, in fee simple, and ha Ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, gales, liens, taxes, assesements and encumbrances of whatever kind or nature soaves) Except reservations for rights of way and of oil, gas and other minerals in the United States Patents and in other conveyances in the chain of title of the grantors, to said lands and subject to the easements for roads, ditches and public utility lines now recorded and/or in use, and subject to an indebtedness of $30,000, of even date herewith, payable to the grantors and secured by a Trust Deed and the above bargained premises In the quiet and peaceable possession of the said parties of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said pert les of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of tho first part he ye hereunto set theirhands and sea the day and year first above written. �I Signed, sealed end Delivered in the Presence of e••ink,�• )•• r. [SEAL] r C «.« [SEAL] STATE OF COLORADO, ea. County of Garfield r, The foregoing inatrumeat wne acknowledged before mo this, x day of—no-::1 19r1.5.,by �1 w�7 M1 f:�c.l�Lltr.G N 40 0LL41��]r`�'ti•IAewL�L My con, mimiun expires �r�tt,-el"'"- ''i Cflel.- , ID 78 . Witness my hand and official seal. kritir P L11c. f 0 . x b 0 0 ea BD61469 PAGE 502 EXHIBIT A The Northeast Quarter of the Southwest Quarter (NE'kSW4); the Southeast Quarter of the Northwest Quarter (SENWk) and the Southwest Quarter of the Northeast Quarter (SWkNE'), Section 34, Township 6 South, Range 89 West of the Sixth Principal Mcrid:i.an, and so much of the Northeast Quarter of the Northwest Quarter (NENWk), Section 34 as lies South of a line described as be- ginning at a point 562 feet South 7 degrees 41' west of quarter corner between Sections 27 and 34, Township 6 South, Range 89 West of the Sixth Principal Meridian, thence North 82 degrees 49' West 1315 feet to stone marked D. L. situate near crest of ridge, Var. 14 degrees 10' East,and so much of the Northwest Quarter of the Northeast Quarter (NW'NEO, Section 34, as lies South of a line described and establi3hed abeginning r at a point 562 feet South 7 degrees 41 dfsh9 ner between Sections 27 and 34, thence South 82 degrees 49' East 1315 feet to a stake and stone, containing 187 acres. Also that portion of the Southeast Quarter of the Northeast Quarter '(SEkNE'k) and the Northeast Quarter of the Southeast Quarter (NEkSE.) of Section 34, Township 6 South, Range 89 West, lying West of the West line of the right of way of the former Colorado Midland Railroad Co., and North of the irrigating ditch formerly owned by D. 5. Smart and taken from Four Mile Creek as the same now exists upon the ground. Also that portion of the Northwest Quarter of the South- east Quarter (NW'OSE') of Section 34, Township 6 South, Range 89 West lying North of the denter of Four Mile Creek. Also that certain tract of property particularly des- cribed in a deed dated December 31, 1969 from Chester D. Axthell and Evelyn R. Axthell to John P. Bershenyi and Carol Bershenyi, recorded in Book 406 at page 575, containing 9.95 acres, more or less, reference to which deed is made for further particulars. Excepting and reserving from the land hereby conveyed 12 acres of land situate in the Southeast Quarter of the North- west Quarter (SE'NIt ) and the Northeast Quarter of the South- west Quarter.(NE'SW'), described in Book 19 at page 534 of the Garfield County, Colorado records. Also excepting and reserving from this conveyance the lands described in a warranty deed dated December 31st, 1969 from John P. Bershenyi and Carol A. Bershenyi as grantors to Chester E. Axthell and Evelyn R. Axthell, recorded in Book 406 at page 576 of the records of Garfield County, Colorado. Also excepting reservations of oil, gas and other minerals in patents from the United States of America and in other con- veyances in the chain of title of the grantors in and to the lands above described. -1- b0UK469 PAGE 503 Together with all ditch and water rights appertaining to or used in connection with the above described lands, in- cluding but without limitation on the foregoing, an undivided one-half interest in the following: The Four Mile Ditch, being Ditch No. 19 from Four Mile Creek in the decrees of the District Court of Garfield County, Colorado in and for former Water District No. 38, together with the following rights adjudicated thereto: Priority No. 19 for 1.6 C. F. S. of water relating back to November 6, 1881 Priority No. 221A for 1.6 C.F.S. of water relating back to December 7, 1903 Priority No. 406H for 4.0 C. F. S. of water relating back to July 15, 1919 Priority No. 531 for 5.44 C.F. S. of water relating back to July 29, 1947 Together with all range rights and grazing privileges upon the public domain ranges attached to, appurtenant to, or based upon the above described lands or any part thereof. -2- -Book` 260 Page 546 Recorded at. 1:5,5 o'clock M., '`4• i en a r• • 9- . 177555 Chae. 9. Keegan Reception No • _Recorder. THIS DER5, 7Sude.tltie Twenty-eighth dgy of July in the .year of our reit/ ene,th ineen4 nine hundred and fifty-one. between RAYXDND SSALTS hf the ; county of Garfield Colorado, of tho first part, and •• JOIN P. Bi•l51 ENYI and CAROL A.- 8E;f;'L;Hi:NYI and State of Of the . County of Garfield and State of Colorado, of the second port: / WITNESSETR, That the /laid part y of the first part, for and in consideration of the sum of Ten Dollars and other good and. valuable considerations rowan to the said part 3, of the &At part in hand pard by the maid parties of the uecoad part, the receipt whereof to hereby confessed end neknowiedced, ha s !:rented, bargained, meld and conveyed, and by these presents doers grant, bargain, Hell, convoy and esnfirnt unto the paid portico of the seeendtpart, not in tenancy in common but in Joint iennnty, the eurvieur of them, noir ■voinne and the halon and aeotgna of such miniver forever. nil tit° follow. ate deserlbod lots , or perrei`r of ]end, eltunte, lying and being in the County of - iii;,:t- el,U nwi State of Colorado to•ivit: ---- -- iutamit .The Northeast Quarter of the Southwest Qts ter (NF SWk); the Southeast quarter of the Northwest Quarter (SIeVal,-) and the Southwest quarter of the Northeast Quarter (60E4), Section 34, Township 6 South, Range 89 West of the Sixth Principal Meridian, and so much of the Northeast + uarter of the Northwest quarter (1N1;), Section 34 au lies South of a line described as beginning at a point 562 feet South 7°411 West of quarter corner between Sections 27 and 34, Township 6 South, Range 89 West ofhe Sixth Principal Meridian, thence North 82°r,9' West 1315 feet to stoner roared D: L. situate near crest of ridge, Yar. 14°101 East, and so much of the Northwest Quarter of the Northeast. Quarter (NtfkNi ), Section 3t, as 7.ios South of a line described and established as begin:ling at a point 562 feet South 7°41'lest of the quarter earner between Sections 27 and 34, thence South 82°49' East 1315 feet to a stake and stone, containing 167 acres. iilso that •-portion of the Southeast Quarter of the Northeast Quarter (,k•Ni) and the North- eeet.Quarter of the Southeast Quarter (N4-SF0 of Seeti.on 34, Township 6 South,. Rings 69 _Rest, lying West of the ;rose line of the right of way of the former Colorado Midland Railroad Co., and North of the irrigating ditch now owned by ' 1). S. Smart end taken from Four Mile Creek as the same now exists upon the ground. ' Also that portion of the Northwest Quarter of tho Southeast f}uarter (NYl}S7k) of Section 34, Township 6 South, Range 89 West lying North of the center of Four Mile Creek. i xcepting •and reserving frog, thea land hereby conveyed 12 acres of laird situate in;the.Sou heart quarter of thu Northwest Quarter (SFNW4) and the North- ' east Quartoxt�t} of :the SSuthwnsti:"Qua ter• •.(NJ4SYi i, ,described in nook 19 at Pagbr534 of the Garfiiel'drCauntyy 'Colereic•= ,a&ird9: r'., _^ _ ''••'• `: "-' ` 1•. �;:' �'• � +:,;: ,• Lot. /light(B)e, 1Sbiie.. st ':�;:.;....r.: ( a•- )of sg 1o.18Lo§...Ola;-!1l istci dr,.M 'and the Norteaatguatu:(ktanthlaSttHlf oftherpUt)ees Qut.(l E} of Section 19, Rownship•S Sou, ( }. . 'Range '89%'lost; ;iif."t h Sixth-.Priincip`a{. Mvrid3an, This West ;Hail£' of: tinOouthweat+Quarter44a0k) ot_ Section 27, the ;southeast Quarter of the Southeir ati;Querter. (slr ,SFWgin-;BaCiiot 28 • t(tie liOrthbestirQuerEar01. the Northeast'' .Qyarter' .(N4NI ) Qutaral(1) dT 'Sect ion 3)i., , e Hprt){ pt Qunn ez'•'of the; Wort iwAst':i. or ;'vf Section E '00I�004 -',¢, au' 489s4Teat of`th 15 t ?: Princip�'1!ft;ridian.:'_The rich h;i(.a1t: of� the•; est C Sete `(S S{i''`pf Section;; '26. the South Half of the Southeast Quarter• (SRS '}`-°amort'the Sbuthwdst'4,uarter;. of the Southwest Rouseter„(eµVikSW },_.4f.Section..:gys:the; sat: Ralf of t.ho,5aliGheasi' Quarter (LLSFg) of Section 3O, '.the Nort1rweat:,Qgar t+t:flof.thp Northwest'R.unrter r ) at4 e6SeNeft Half of • (r�rD'N►'r�}, The scorn Half.'=at�titrfae�rQrtha �'�•�:�ti, +�y� .y,.2 j. i ' o•G. �S e'� .tai, 4'Y ttart8if N )~'. the she. Suuthweat r�.uartsi• (N��'?oi� seati'dit�• i . _- ii: ,'" :; (_:., (N�inrtert u :the North Half of the Southeuai5 �ar£ar ; �-a�jd� :�� �: gutfiHe�t:.4,.,., - -,� �: Southeast Quarter (SFii;SH} of -Section 3x;. t�ii4,'7elt $1a1i" (i6). of'ec4tiun 33, fi}.l in Town ship '6 South,' Bairge 89 Neat of the Sixth Principal Meridian. Together with all ditch and water rights appertaining to or used in connection with the above described lands or. any part thereof, and particularly the R2ynolde Diteh from Three lii1te. Creek- and ,the water -right adjudicated thereto;; the John GilIin I)ituh'from Threea Mile Crbek and' the •Hater right adjudicated_ thereto; : • the Four Mile Ditch from Four Dile Greek, end do undivided half interest in the 1.6 cubic. feet of Nater per second of time adjudicated thereto as Priority No. 19' and undivided one half interest in the itohwer-Isola ektension of said ditch with a like interest in Priority No. 221AA for 1.6 cubic feet of water per second of time adjudicated thereto. - - Together' With.: all; range 'rights and razing' privileges upn 'the - public domaih"ranges attached to, or appurtenant to the above described' lands, or any part thereof. • Excepting and reserving therefrom an undivided one-fourth interest in and to all of - the.pil, gas and other hydro carbons and all .associated 'aubstances and other ::Minerals of every kind and character in, on and under said land; together with 444 AO' singular the rights and appurtenances thereto ifi an'Hise belonging. TOGETHER with all and singular the hereditaments and appurtenances thereinto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estato, right, title, interest, claim and demand whatsoever of the said party of the Brat part, either in law or equity, of, in and to the above bargained premien, with the hereditaments and appurtenances.. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their aeslgna, sad the hairs and asslgna of auth survivor for. ever. And the sold part y of Dia that part, for f &Rel his heirs, executors, and adminiatratora, do u Covenant, grant, bargain and agree to and with the said parties of the second part, the /survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the °roweling and delivery of these presents, it. is Weil asked of the premises above conveyed, as of good, sum, perfect, abselt[ts end inda- fcmoible estate of inheritance in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the sumo are free and clear from all farmer end other grants, bargains, aain, liens, texas, assesaufenta and incumbrances of whatever kind er nature, aoever, c Lc; int the 1951 tbriC3, )aye -b... in 3.152, ; i.ch tnu jr=.ntets asstu and eEree to ;Pay; arid also s uhj., of to ; oswc•v;:tions of s,Pi:Ait-r in united atetes iiovern- at.,rlt e,c ti ntts or othervriso; rights-of-way for i o ds, uito't.L.: &nU Liatphoos lines as now coifst,rw.Lrl end in use; rights -of -why for railruods, if any, and subject to i.le=.l: certain Lena u} '_rust xuoorded as ijocuLment 163626 in look 2311 at Pte 30 in thu t,faae-.1 the county Clerk sad Recoruer of t:iarl'iald 4ounty, Coxoi-dn, which the £,ebntees essuirlt and szree to pay and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of euoh survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF, the said part y of the first part be s hereunto set his hand and seal the day and year first above written. Signed, Sealed•and Delivered in the Presence of STATE OF COLORADO, CoHnty of (;&3'f7•uld The foregoing instromcnt was acknowledged before me thle A. D.19 )1 , bye :bat. iv,) . h,tLTa ...,,> cemmiaaiun onpires [SEAL]'_ '• 1-,. rfebruary 27, 28th day of July , 19 55 Witness my hand and official seal. .. .•liotarr Yiriii�• '. - = d r �'- -. •.• 'lhafs r(339131 10 ], Yeall Of P��IIv a RN .f., 'llnrnt7'lR /0t r Mho. Wy0R t7 Of (0 (('tIrn; inear of MP: officio/ N l.m. Insert imine ne0 at .ob, �� )l„,. Of Lh. P,vel dfpL or a[Ilfr erftKn eT .kcch !o[twratla0. T. m41,a (1. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Order Number 63011892 Policy Number OX63011892.2352156 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6) RIGHT OF PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 10 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 7) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE LIE AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 223. 8) UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY DAN C. WADSWORTH AND MARGARET WADSWORTH IN THE DEED TO J. HILTON WIX RECORDED JULY 27, 1948, IN BOOK 238 AT PAGE EE AS RECEPTION NO. 165521, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 9) UNDIVIDED ONE-FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY , J. HILTON WIX 1N THE DEED TO OSCAR MATTHEWS AND BETTY MATTHEWS RECORDED SEPTEMBER 17, 1955, IN BOOK 287 AT PAGE $L AS RECEPTION NO. 191425, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 10) UNDIVIDED ONE-QUARTER INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY RAYMOND SMALTZ IN THE DEED TO JOHN P. BERSHENYI AND CAROL A. BERSHENYI RECORDED NOVEMBER 1, 1951 IN BOOK 260 AT PAGE Egfi, AND ANY AND ALL ASSIGNMENTS THEREOF. (AFFECTS PARCEL A). 11) EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT RECORDED OCTOBER 20, 1959 IN BOOK 321 AT PAGE 12E. 12) RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE. COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS. DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION I5 PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 25, 1974, IN BOOK 466 AT PAGE 556. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63011892.2352156 Order Number 63011892 13) RIGHT OF WAY AND EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED JUNE 27, 1988 IN BOOK 736 AT PAGE 624. 14) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 UNDER RECEPTION NO. 477155. 15) EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 AS RECEPTION NO. 477155 AND ON 1ST AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED JULY 28, 2000 AS RECEPTION NO. 566968, AND 2ND AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED DECEMBER 1, 2014 UNDER RECEPTION NO. $56§17. 16) TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 10, 2014 AT RECEPTION NO. 856_967. 17) EASEMENTS RIGHTS OF WAY FOR COUNTY ROAD 117. 18) MATTERS DISCLOSED ON ILC ISSUED BY SGM, CERTIFIED MAY 18, 2017, INCLUDING BUT LIMITED TO UNRECORDED UTILITY EASEMENT. SAID DOCUMENTS STORED AS OUR ESI 32959714 AND 32966339. EXHIBIT EXHIBIT STATE OF COLOBAI Lig John W. Hickenlooper, Govemor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. 3. Denver, Colorado 80246-1530 Phone (303) 692-2000 Located in Glendale, Colorado http://www.cdphe.state.co.us Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Colorado Department of Public Health and Environment INFORMATION REGARDING DOMESTIC TREATMENT WORKS CLOSURE AT WASTEWATER TREATMENT FACILITIES When a domestic wastewater treatment works (including all domestic wastewater treatment facilities (WWTF) and appurtenances as defined in Regulation 22 — treatment plants, lift stations, etc.) is decommissioned, the decommissioning efforts must be completed in a way that ensures protection of waters of the state (e.g., surface water, groundwater) and the surrounding environment in accordance with appropriate environmental regulations. This document is intended to provide information regarding the relevant Colorado Department of Public Health and Environment (Department) regulations to assist entities in the development of plans to decommission all or portions of a domestic wastewater treatment works. There may be other Federal, State, and local regulations and requirements regarding decommissioning or other activities at the facility; this document does not address these. It is the responsibility of the facility owner to comply with the individual regulations. This document includes domestic wastewater treatment works decommissioning -related information as it pertains to the following: • Site Location Application and Design Approval • Liquids Management • Biosolids Management and Disposal • Solid Waste Management and Disposal • Discharge Permit Termination • Note Regarding Previous Draft Documents Site Location Application and Design Approval Decommissioning of a domestic wastewater treatment works does not require site location approval and design approval. However, if a new domestic wastewater treatment work is being constructed to replace (in whole or in -part) decommissioned facilities, the new facility will need to receive site location approval and design approval from the Water Quality Control Division (WQCD) in accordance with the Colorado Water Quality Control Act, Section 25-8-702 and Site Location And Design Approval Regulations For Domestic Wastewater Treatment Works 5 CCR 1002-22 (Regulation 22). Regulation 22 can be accessed at: http:llwww.cdphe.state.co.us/regulations/wgccregs/. There are fees associated with the site application and design review processes. Please refer to the following webpage for instructions regarding the fee request procedure, http:Ilwww.cdphe.state.co.uslwglengineering/pdflS iteLocAppOr WastwtrDes i1;nRev Fee 1 n fo.pd f May 2012, Rev. 0.1 INFORMATION REGARDING DOMESTIC TREATMENT WORKS CLOSURE AT WASTEWATER TREATMENT FACILITIES Page 2 Liquids Management In accordance with the Colorado Water Quality Control Act, Section 25-8-501, no point source discharges of water and/or contaminants from a facility to the waters of the State are authorized unless a permit for such discharges has been issued by the WQCD. Information regarding permit issues or requirements can be accessed at: http://www.cdphe.state.co.us/wafPermitsUnit/index.html. Biosolids Management and Disposal Biosolids must be completely removed from the decommissioned WWTF and managed in accordance with Federal Requirements in 40 CFR 503 and the Colorado Biosolids Regulation 5 CCR 1002-64 (Regulation 64). Regulation 64 can be accessed at: http://www.cdphe.state.co.us/regulations/woccregs/. For questions regarding biosolids issues or requirements, please contact Tim Larson in the WQCD Permits Section at 303-691-4091. Disposal options for removed biosolids must also conform with Federal Requirements 40 CFR 503, 40 CFR 258, and the requirements of the Colorado Regulations Pertaining to Solid Waste Sites and Facilities 6 CCR 1007-2, as applicable. Solid Waste Management and Disposal Waste materials at a decommissioned WWTF (e.g., liners, basins, etc.) must be properly managed in accordance with Regulations Pertaining to the Solid Waste Sites and Facilities 6 CCR 1007-2 (Solid Waste regulations) and the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, Colorado Revised Statutes (CRS), as amended. Information regarding the Solid Waste regulations can be accessed from the Hazardous Materials and Waste Management Division (HMWMD) at: http:l/www.cdphe.state.co.us/hm/sol idwaste.htm . Discharge Permit Termination If a WWTF is being decommissioned, the facility will need to terminate the existing discharge permit, if a continuing discharge will not be needed. Once the WWTF discharge has been eliminated, the WWTF biosolids have been removed and managed, and the decommissioned WWTF waste materials have been managed in accordance solid waste regulations, the permittee must request termination of the permit from the WQCD in accordance with the Colorado Discharge Permit System Regulations (Regulation 61). Regulation 61 can be accessed at: http://www.cdphe.state.co.us/regulationslwgccregs/. Information regarding permit issues and requirements can be accessed at: http://www.cdphe.state.co.us/wq/PermitsUnit/index.html. Note Regarding Previous Draft Guidance Documents There has been confusion and questions in the past regarding the Department's requirements regarding closure and decommissioning of wastewater treatment lagoons and facilities. The Division is aware that there had been a preliminary working draft guidance document for lagoon decommissioning that had been circulated among the engineering and regulated communities. That working draft guidance document was never officially approved or published, does not accurately address Department -wide requirements and expectations and should not be used. Garfield County Commissioners EXHIBIT We are longtime residents in a sub -division on Four Mile Road above where D.M. Neuman's proposed allowance (re -zoning) of a large commercial warehouse building, and parking of construction vehicles on the property immediately below the Creekside Assisted Living facility. Residents up Four Mile Road that we have spoken to are strongly opposed to a change from residential zoning. Further, the trucks and equipment going in and out of this property, which is located on a curve without ample advanced sight line to react, whether coming up or traveling down Four Mile Road would be extremely dangerous. Imagine coming upon a slow turning pick-up truck or larger, trailing a piece of construction equipment making a turn into the driveway on said property. On a good day it's unthinkable to come upon that in a car, but imagine bicyclers, campers, trucks pulling trailers, etc. that use 4 Mile frequently. There is the ski traffic during the winter months when the roads are snowy and icy to be concerned about as well. A lot of these folks are not familiar with Four Mile Road to begin with. This is going to create an extremely hazardous safety issue for anyone who uses Four Mile Road in good weather or bad weather. One more issue is the value of the surrounding properties. This type of change for the Neuman Construction Company will make surrounding properties undesirable and very likely devalued. Since the Newman's who own this construction company live further up Four Mile Road why not put this facility next to their property and see how that would affect their own property values. We are asking that you look into this matter and consider the cost to the residents nearby and those who use Four Mile Road. Dan & Cheryl Ackreman 0102 Home Place Glenwood Springs 81601 Patrick Waller From: Greg Bak <greg.bak@cogs.us> Sent: Tuesday, July 03, 2018 11:51 AM To: Patrick Waller Subject: Re: Cappo Contractor Yard - PDF EXHIBIT 50 1. Would like to see the final plan for roads as they will affect fire apparatus access 2. Depending on building use/occupancy*, placement of fire hydrants and sprinkler systems may be a factor. • I realize the current plan is to use the building for storage, but plans sometimes change. Future use for other than limited storage may be affected by existing water supply issues. Greg Bak Fier Protection Analyst Glenwood Springs Fire Department From: Patrick Waller <pwaller@garfield-county.com> Sent: Wednesday, June 27, 2018 5:14:40 PM To: Greg Bak Subject: FW: Cappo Contractor Yard - PDF Hi Greg, Just wondering if you had any comments on this application. Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-countv.com http://www.garfield-county.comjcommunity-development/ From: Patrick Waller Sent: Thursday, June 21, 2018 5:02 PM To: 'greg.bak@cogs.us' <greg.bak@cogs.us> Subject: FW: Cappo Contractor Yard - PDF 1 Jun 20 18, 07:13p June 21, 2018 Pat Waller Garfield County Commun ity Development p.2 EXHIBIT 1 St Pat, I am writing in regards to the Land Use Application currently under review forCappo Properties at the Sunlight Parkway lot up Four Mile. I have corresponded withJason Neuman and have a good understanding of what his intentions are for this Small Contractor Yard. I believe that Cappo Properties LLC's application and intentions represe nt a thoughtful and responsible build for the space, and that they've taken every effort to minimize the impact on the neighborhood and surrounding community. The buildingwill be on a portion of the lot that is largely hidden from view, and the impact on the surrounding areas will be minimal intermsof truck traffic and visual disturbance. I am confident thatJason Neuman and his company will be nothing but respectful and conscientious of the neighborhoods su rroundingthis space, especially knowing that he and his extended family reside upthe Four Mile corridor. 1 am in full support of this project and would hope thatthe Community Planning Commission wou Id approve it. _ til 00 SUl\ \xnC)L C 0 15 CD � L 0 Homeowner N me(s) Address of Home .rt � (U lgnatu re QC. Date 1 °!COLORADO Department of Public Health b Environment Dedicated to protecting and improving the health and environment of the people of Colorado Water Quality Control Division Notice of Withdrawal of Permit Application www.coloradowaterpermlts.com Please print or type all information. All items must be fulled out completely and correctly. If the form is not complete, it will be retumed. All withdraw of permit application dates are effective on the date approved by the Water Quality Control Division. Colorado Dept of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South WQCD-P-B2 Denver, CO 80246-1530 • PART IDENTIFICATION OF PERMIT APPLICATION TO BE WITHDRAWN NEW TERMINATION CO"045128 Permit or Certification number fl AMENDMENT REQUESTED FOR EXISTING PERMIT or CERTIFICATION Permit or Certification number o PART B. PERMITEE INFORMATION Company Name Sunlight Water and Wastewater Company Mailing AddressPO Box 1943 City Glenwood Springs Legal Contact Name John Reed Title Project Manager • PART C. FACIUTY/PROJECT INFORMATION Sunlight Waste Water Treatment Plant Fadlity/ProJect Name Location (address) State CO Zipcode 81602 Phone Number 970-309-7516 Emall Jnhn(glcottnnwoodllnldtPgu Cm 3250 County Road 117 y Glenwood Springs County Garfield Local Contact Name John Reed Phone Number 970-309-7516 Tide Project Manager Email Jahn@cottonwoodholdings.cvm 044/11/2018 Colorado Water Quality Control Division Notice of Withdrawal of Permit Apolication www.cnloradowaterpermits.corn PART D. PURPOSE OF WITHDRAWAL REQUEST I i DISCHARGE WILL NUI' BE CREATED AT THS EACILiiYJSITE — CHANGE OF PLANS ELIMINATE NED FOR DISCHARGE MOTHER DISPOSAL OPTION TAKEN (DESCRIBE- ie LOW RISK POLICY...) Sewage is now sent to the City of Glenwood Springs Treatment plant and is no longer treated and discharged at the Sunlight waste water treatment site. n DUPLICATE APPLICATION SUBMITTED -- PERMIT PREVIOUSLY ISSUED (LIST PERMIT NUMBER) nOTHER • PART E. CE)I'iFICAi ION SIGNATURE REQUIRED FOR ALL WITHDRAWAL OF APPLICATION REQUESTS rertifv under penalty of law that 1 have personally examined and am familiar with the information submitted in this withdrawal request and that, based on my inquiry of those individuals imniediately responsible iur obtaining the inlormauon, I believe Ludt the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. Signature of LegallyeR sponslble Party'` Date Signed Ted Miller President Name (printed) Title `This withdrawal of permit application request shall be signed, dated, and certified for accuracy by the permittee. In all cases, it shall be signed as iollows. 1. In the case of a corporation, by a principal executive officer of at least the level of vice-president, or his or her duly authorized representative, if such representative is responsible for the overall operation of the operation irony which the discharge described herein ariglnaies; 2. In the case of a partnership, by a general partner; 3. In the Ldse ul a sole proprietorship, by the prop) ielor; 4. In the case of a municipal, state, or other public operation, by either a principal executive officer, ranking elected official. or other duly authorized employee. Form updated November 2009 SUNLIGHT WATER AND WASTEWATER COMPANY April 5, 2018 Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South WQCD-P-B2 Denver, Colorado 80246-1530 Attention: Margo Griffin RE: Pending Permit Applications CO 0045128 and COG 630046 Dear Ms. Griffin: As we have discussed the Sunlight Water and Wastewater Company has in the past operated a sewer treatment plant near Glenwood Springs. A few years ago we entered into an agreement with the City of Glenwood Springs to handle the treatment of our sewage. Our engineer submitted plans to CDPHE for an extension of a sewer line and pump station to take our raw sewage to a nearby sewer line owned by the City. On March 15, 2016 we received a letter (enclosed) indicating the plans had been approved, ES Project No. CWPDR02349. This past fall we completed construction of the improvements and began sending our sewage to the City for treatment. I have enclosed a letter from our engineer certifying the construction was completed according to the approved plans and specifications. The remaining sludge in the plant was pumped to the City for treatment. The treatment plant was demolished and materials disposed of at the local landfill. We tested the soils from two exfiltration ponds that received treated water from our plant to ensure they met the requirements of the landfill. The material was then transported to the landfill. We are no longer treating any sewage nor is there any discharge at our location. During this project we discovered that there never were permits issued for our operations. Applications had been submitted but permits had not been issued. So I am submitting two Withdrawal of Permit Application forms. Please let me know if there is any additional information you need. And thank you for your efforts in this process. Sincerely, John Reed Project Manager PO BOX 1943, GLENWOOD SPRINGS, COLORADO 81061 Scanned 04/11'ZB1B COLORADO Department of Public Health b Environment Dedicated to protecting and improving the health and environment of the people of Colorado March 15, 2016 Dennis Levin, President Sunlight View Water and Wastewater Company P.O. Box 1943 Glenwood Springs, CO 81602 Subject: Final Plans and Specifications for Construction Approval Site Location Approval No.: ES.15.SA.02348 Sunlight View Water and Wastewater Company, Sunlight View Lift Station Associated Colorado Discharge Permit System (CDPS) No. C00048852 Garfield County ES Project No. ES.15.CWPDR.02349 Dear Mr. Levin: The Water Quality Control Division (Division) Engineering Section has received and reviewed the Plans and Specifications for the Sunlight View Lift Station. The final plans and specifications, as reviewed, meet the requirements of the State of Colorado Design Criteria for Domestic Wastewater Treatment Works (Design Criteria) and is hereby approved as listed below. The approved peak hydraulic design capacity is 0.125 MGD (87 gpm). This approval addresses the following: • Sunlight View Lift Station: 1) One (1), 8 -foot diameter precast concrete pumping wet well a. Floor elevation of pumping wet well approximately 16.4 feet below grade. b. Operating capacity of the pumping wet well approximately 564 gallons based on design pump off at 6171.67 feet and lead pump on at 6173.17 feet. c. Emergency storage within pumping wet well approximately 4000 gallons based on high water alarm at 6174.59 and high water level of 6185.27. d. Passive ventilation provided by 4 -inch ductile iron pipe with turn down. Turndown terminates approximately 4 -feet from manhole lid. 2) One (1), 8 -foot diameter precast concrete wet well for emergency overflow storage, located upstream of pump wetwell. a. Floor elevation of upstream wet well approximately 13.7 feet below grade. b. Emergency storage within upstream wet well approximately 4000 gallons based on high water alarm at 6174.59 and high water level of 6185.27. 3) Two (2) (1 duty, 1 standby), submersible grinder wastewater pumps (design basis: Barnes SGV3072L) with constant speed motors installed in pumping wet well. a. Design operating point for each pump: 87 gpm at 20 feet total dynamic head (TDH). b. Installation includes associated discharge piping (design basis: Schedule 80 PVC). c. Pumps will operate lead/lag. d. Pumping wet well level controlled by four (4) float switches to control lead/lag operation and high water alarm. e. Autodialer to notify operators of critical alarms (design basis: Sensaphone Express II). 4) One (1), 3 -inch magnetic flow meter (design basis: Endress Hauser ProMag L400) installed on common pump discharge pipe in the pumping wet well. 4300 Cherry Creek Drive 5., Denver, CO 80246-1530 P 303-692-2000 http:llwww.cotorado.eovlcdphelwacd John W. Hickenlooper, Governor 1 Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer 1 Scanned 04/11/2 18 Dennis Levin, SunHht View Water and Wcosm*atc/Company Final Plans and Specifications for Construction Ap proval March 15,20/6 Page 2 of 3 5) Force main a. Approximately 37.5 lineal feet. of 3 -inch diameter force nain connecting to existing 3 -inch HDPE force main in Four Mile Road (design basis: HDPE). 6) Gas powered generator, 20 kW, with automatic transfer switch Conditions of Approval: 1. The Sunlight View Wastewater Treatment Facility must be decomrnsziunod in accordance with all applicable local, federal, and state regulations. Z. Aminimum horizontal and vertical separation of 5 feet and 2 feet, respectively, shall be maintained between the oute/ pipe surface af the 1/4^ water tine and all sewer lines. 3. The submittal indicates that the contractor is responsible for performing the geotechnical investigation necessary to exarnine sol conditions including the presence of groundwater that will be encountered during construction. Soil and geotechnical investigations must ensure that the site is suitahle for the proposed infrastructure and that construction is performed in amannerthatisappropriateforsoi!andgroundvvaterconditiohsencountercd. 4. Upon completion of construction and prior to commencement of operation, a written certification must be submitted to the Division stating that. the project facitities were built in accordance with the approved plans, specifications, and change orders. The certification niust be signed by the applicant's regstered engineer. 5, Any change orders or addenda that change facility capacity, water quality, or processes, must be submitted to this office for review and approval. 6. When construction is estimated to he within 14 days of completion, please notify this office. A representative of this department may schedule a site visit to conduct a final construction inspection before the facility commences operations. 7, Please note that during construction and operation acdvidex, the provisions specified in the Design Criteria Sections 2.2.0' 2,3,17 and 2.3.18' must be implemented and followed. This review does not re(ieve the owner from compliance with all Federal, State, and local regulations and requirements prior to construction nor from responsihility for proper engineering, construction, and operation of the facility. 8. No point source discharges of water and/or contaminants from this facility to the waters of the state are authonzed during construction unless a permit for such discharges has been issued hy the Division. If you have any questions regarding permit issues or requirements, ptease contact the Perrnits Section at 303'692'3510. V. The approval of this project is based on the above referericed conditions and upon the engineering design submitted to the Division for pumping wastewater to the City of Glenwood Springs Regional Wastewater Treatment Facility and Garfield. Documentsrevewed: o Site Application for Sun!ight View Water and Wastewater Company by S6/6datsd July 2015. • Request for Information response to Site Application fur Sunlight View VYe/a/Wastewater Company by SGM dated December 9, 2016. = Miscellaneous correspondence. In accordarlce with the current Operatois Certification Board Regulations, this colLection system is a Class 1 collection system. ` B4/11/2018 Dennis Levin, Sunlight View Water and Wastewater Company Final Plans and Specifications for Construction Approval March 15, 2016 Page 3 of 3 The Engineering Section is interested in gaining feedback about your experience during the engineering review process. We would appreciate your time to complete a Quality -of -Service Survey regarding your experience during the engineering review process leading up to issuance of this decision letter. The Engineering Section will use your responses and comments to identify strengths, target areas for improvement, and evaluate process improvements to better serve your needs. Please take a moment to fill out our survey at the following website: http:/1fs8.formsite.com/cohealth/form627710151 /index.html. If you should have any questions please contact Emily Wong by phone at 303-692-3566 or by electronic mail at emily.wong@state.co.us. Sincerely, Digitally signed by Emily Wong, P.E. DN: cn=Emily Wong, P.E., o=Engineering Section, ou=Water Quality Control Division, email=emily.wong@state.co.us, c=US Date: 2016.03.15 09:08:49 Emily Wong, P.E. Senior Review Engineer Engineering Section 1 Water Quality Control Division Colorado Department of Public Health and Environment cc: SGM City of Glenwood Springs Garfield County Public Health Amy Zimmerman, WQCD ES Unit Manager Tim Larson, WQCD Biosolids Specialist Randy Ogg, WQCD Groundwater Permitting Specialist Jackie Whelan, WQCD Operator Program Site Application File 1 Discharge Permit File (C00048852) SSGM www.sgm-inc.com August 29, 2017 Emily Wong, P.E. Senior Review Engineer CDPHE Water Quality Control Division 4300 Cherry Creek Dr. South Denver, CO 80246-1530 RE: Sunlight View Water and Wastewater Company — Sunlight View Lift Station Dear Emily, This letter shall serve as a notification that the Sunlight View Water and Wastewater Company Sunlight View Lift Station Project has been constructed in substantial conformance with the plans and specifications approved by the Colorado Department of Public Health and Environment. The Lift Station and its appurtenances were placed into service on December 1, 2016. Attached you will find the construction certification with all the required information. Thank you for your assistance on this project. We greatly appreciate your efforts. Respectfu Ily, SGM Justin Kattnig, E.I. Design Engineer cc: Chad Paulson, P.E., Project Engineer, SGM Ted Miller, President, Sunlight View Water and Wastewater Company John Reed, Representative, Sunlight View Water and Wastewater Company I:\19941941631H - W WTP Lift Station & ForcemaintSite Application1Construction Completionll. 20170828 Construction Certification,doc GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 U[ ':01-ro. .ti F 1_" 1:.:" gi7,1FLV j, i ; •• ' , C Water•Quality Control Division 4300 Cherry Creek Drive South, B2 ._.,.,:.:,• Denver, Colorado 80246-1530 .,:;,Nr;, Engineering Section Ci]PHE.WQEngReview[Wstate.co.us Colorado Department 303-692-6298 of Public Health and Environment Construction As Approved Certification Form Regulation 22 - Site Location and Design Approval Regulations for Domestic Wastewater Treatment Works Instructions: Upon completion of construction and prior to commencing routine operations, please submit this form to: CDPHE Water Quality Control Division ATTN: Engineering Section 4300 Cherry Creek Drive South. B2 Denver, CO 80246 A. Project and System Information System Name Sunlight View Wastewater Treatment Facility Project Title Sunlight View Lift Station County Garfield Site Location Approval Number and Date ES.15.SA.02348; January 29, 2016 CDPS Permit No. and Permit Issuance Date No. C00048852; January 30, 2015 If CDPS Permit not issued - perrnit application date B. Project Approval Information Date of Process Design Report (PDR) Approval March 15, 2016 Date of Final Plans and Specification Approval March 15, 2016 Division Reviewer Emily Wong C. Anticipated Operational Date Anticipated Operational Date (i.e., projected date of first discharge, date project is put into servioel ��. ( aO k l D. Project comments E. Construction As Approved Certification Form 1 certify that to the best of my knowledge. information and belief, based on limited site observation per contract between SGM Inc. (engineering firm) and Sunlight View Water and Wastewater Qompanv (entity) and information furnished by others that the wastewater project(s) was constructed consistent with the design documents as approved by the Water Quality Control Division. Role Date Typed Name & Company Slgnatu Project Engineer 8/28/2017 Engineering Firm, SGM Inc. ,i,,.Y 4 -- Notes: 1 Any items requested in the site location or design approval letters must also be addressed or submitted to the Division Reviewer with the Construction Completion certification. For WQCD Office Use Only: Division Reviewer Spigot update Revised October 2012 Construction As Approved Certification Form t'age"1-'01-1" Scanned 94'11'Z618 July 9, 2018 Director Community Community Development Garfield County Commissioners. RE: Cappo Land Use Change Permit Note: references to sections and paragraphs are from the permit application. We are opposed to to this change of use. The land in question is directly across Four Mile Road from us and if allowed to proceed will affect our quality of life as well as our neighbors' who live in this narrow residential neighborhood. This is a rural residential neighborhood as shown on the Garfield County Land Explorer and confirmed in section 7-103. The applicant says no existing residences have a direct line of sight to the proposed yard and building. It is placed in the vicinity of Sunlight View, Four Mile Ranch and Cheyln Acres, most of whom will be able to see it. It will also be visible to all who travel Four Mile Road. The application states the building will be 65'x200', 13,000 S.F. Cross section 1 of the site plan shows the proposed finished floor of the building is 10 below Four Mile Road. The building height is undetermined but as shown is much more the 10 feet and will be visible, The Permit asks for two accesses; one from the north end of the property near Four Mile Creek and another in the middle of the property off of Four Mile Road below a blind curve. Section 4-203-E (7) states the yard will be used for on site storage of equipment and materials (21) states the possibility of oil storage which will probably include diesel fuel Section 4-203-F D. says no storage of petroleum - it already said in 203 (21) there could be petroleum E. admits they will have industrial waste and hazardous materials F. there will be noise with material loading and unloading, equipment and materials moving in & out and shop fabrication. Noise travels up and down this narrow valley. We currently hear all existing traffic on Four Mile Road. H. there will be fabrication on site which does create noise, and the hours of operation are 7am-5pm which is not acceptable in a residential neighborhood. Section 7-101 they claim a commercial yard is compatible with the zone district. They have already admitted in section 7-103 that this is a residential neighborhood and all the surrounding land use is residential. If it is compatible why is there a need for a Land Use Change Permit? It is not compatible in this neighborhood. Section 7-1001of the addendum they are asking for a waiver from the requirement that Industrial uses shall not occupy a lot in a plotted Sub division. Section 7-109 and 7-206 both state the County Wildfire Susceptibility Index lists this as a high danger area, Do you want to add a commercial yard with a fabrication shop, lumber, fuel, and manufacturing to this already dangerous situation, we hope not. Placing a contractors yard in this location will affect the quality of life and property values of all adjourning property owners as they are all residential. They claim the prior use of this property was industrial. It was a waste water facility for Sunlight View and was passive with no noise, traffic, or personal traffic. It was for domestic use of the subdivision, and not for industrial uses. In the addendum to the original permit application the stated use of the property will be for shop, storage, material storage, equipment storage including vehicles, trailers and for small construction projects. This does not fit the adjoining residential properties. The Kimley-Horn traffic study submitted with the permit application indicated there might be 52 trips a day. Are these one way trips or round trips. If these are round trips then there are 104 one way trips; that is a trip every 5-6 minutes for 10 hours a day. This will have a negative impact on Four Mile Road and Midland Avenue. Four Mile Road is already heavily used with traffic driving too fast with many blind curves. This will add to a dangerous situation with construction traffic, school buses, bicycles, ski traffic and recreational traffic all using this narrow road. This would be a precedent setting decision which could affect the future use of the Four Mile corridor. This may be a good project but it is in the wrong place. It needs to be in a proper commercial zoned area not in this residential area. In short this is "Pig in a Parlor" and does not belong in this neighborhood. Please deny it. Rick & Nancy McClellan Patrick Waller From: Bill Stark <awmstark@gmail.com> Sent: Thursday, July 12, 2018 12:03 PM To: Patrick Waller Subject: Garfield Co Board of Commissioners hearing re Rd 117 Cappo land use change EXHIBIT 51-1' Patrick Waller, Senior Planner, Garfield County Community Development Department Re: Cappo Properties LLC request for land use change permit to allow a contractors yard on County Road 117, as described approximately 1.5 miles south of Glenwood Springs, near 4 -mile creek on the site of prior small wastewater treatment facility Parcel No. 2185-343-00-023 (also referred to as Sunlight Parkway) 12 July 2018 Mr Waller, 1 am sending you a *revised copy of the email letter I wrote to you on 6/13/2018, and a letter from a consultant attorney, Mr Loyal Leavenworth, sent to you on 6/21/2018, and request that they be included in the documents presented to the Garfield County Board of Commissioners at the public hearing regarding the the Cappo Small Contractor's Yard Land Use Change Permit Application, scheduled for 7/23/2018. Also, I request that 1 be permitted to speak at the hearing against the application. *Paragraph 7b is additional text added since the first letter on 6/13/2018 1 On 6/13/2018 I received by certified mail from DM Neuman Construction Co a public notice of their application to Garfield County for a Land Use Change Permit which would include waivers of County land use codes, with less than 10 days to respond before the Director of the the Planning Division issues a decision on 6/22/18. This is first I have heard of the existence of this proposal. 2 I am a residential property owner at 3165 County Road 117, a house I have owned since 1990. This property is situated across the road and less than 100' from the proposed DMN shop. Last year I engaged Harry Teague Architects of Basalt to design and manage the construction of an extensive remodel and upgrade of my property where I will reside when it is completed. However, the presence of the proposed DMN construction shop will certainly negatively impact me and my neighbors, our quality of life, and the value of our and many nearby residential properties. For this and for other reasons I am opposed to the land use change permit filed by Cappo Properties (DMN) to allow a contractors yard on County Road 117. 3 The proposed shop should not be built in a residential neighborhood, and cannot be built as designed without the County allowing DMN waivers to existing codes. 4 Current residential & recreational vehicle traffic is already excessive on what was originally built as a non -industrial 2 -lane rural road. The proposed DMN facility would permanently increase industrial traffic, would require construction of acceleration/deceleration lanes for two entries (most properties arc limited to one entry), and the lanes would have to be large enough to accommodate tractors and trailers carrying industrial construction machines and materials. There is a blind curve at upper end of the property where cars and bicycles travel at a high rate of speed across the long flat adjacent to Chelyn Acres, and there would be an increased likelihood of traffic accidents caused by slow-moving trucks entering or leaving the DMN facility. 5 There would be a negative impact on quality of life in a completely residential part of the county. DMN emphasizes that the shop will be nearly completely hidden from the public eye, however the visual impact cannot be mistaken as anything other than a construction facility, and other considerations are paramount—increased traffic and increased noise, and air pollution. 6 Increased noise would come from increased traffic from large vehicles, always braking and accelerating to and from the facility. Kimley-Horn & Associates, the engineering firm engaged by DMN to evaluate traffic impact, projects that the facility will average 52 vehicle trips (vehicles entering or leaving) per day, not the 20 trips average claimed by DMN. The Kimley-Horn report evaluated the site as "A manufacturing facility...an area where the primary activity is the conversion of'raw materials or parrs into finished products," which description is without objection from DMN. On average between the hours of 7:00 am to 5:00 pm, 52 vehicle trips per day amounts to I vehicle entering or leaving the site every 5 minutes for 10 hours a day. These vehicles are not sikint Priuses, but lowboys, carrying large earth -moving machines, construction trucks with loud, smoking diesel motors, hauling clattering trailers, welders, and others. 7 In addition to vehicles entering and exiting the facility, there will be increased noise from vehicles within the yard --from backhoes, trenching machines, bobcats and bulldozers, forklifts needed for loading and unloading trailers; unloading lumber, drywall, insulation, paint, roofing material, and other construction material, and for loading trucks for delivery of material up and down the valley to construction sites, and for transfer and loading trash trucks with debris to be sent to the landfill or recycling. 1 7b All these trucks and machines must be equipped with back-up beepers which will be a constant noise. Additionally, there will likely be dumpsters and specialized dumpster trucks which are very noisy. 8 DMN disingenuously states that the facility "will be for the most part unmanned" (why would a nearly unmanned facility need a bathroom and sink?), however the application clearly states that there will be a shop and that there will be construction projects such as cabinet building. painting and trim work. Certainty building construction is greatly facilitated by fabricating cabinets and trim and painting in a lighted, heated shop with dedicated machines. This makes several aspects of construction much more precise and efficient. and permits the project to proceed especially in bad weather. Such fabrication will likely be more than minimal, and will probably increase in volume, as DMN has multiple projects active simultaneously, and the more that can be accomplished at this shop. the greater their business will expand. and the busier the shop will hc. Regardless of volume. shop fabrication of any son always involves loud machines—saws. routers, compressors for paint sprayers, pneumatic nailers and wrenches, generators. welding machines. pumps, and so forth, and there is no restriction on the types or fabrication or machines that could be used in the shop. These noises can travel considerable distances beyond the shop. and certainly will travel 100' to the adjacent residences, as well as those hundreds of yards away. 9 County Road 117 is totally residential with scattered small ranches from the bottom of 4-mile to the Sunlight ski area. There are no other industrial sites similar to the proposed DMN project. Residents enjoy the peace and quiet of this non -industrial area. 10 'Ibe DMN application states the historical use of the property has always been more of an industrial than a residential use as a wastewater facility. But the old wastewater facility was small. passive. and unobtrusive. with zero personnel (truly "unmanned"), zero noise and zero increased traffic, and was by no reasonable definition "industrial". Section 7-103 of the DMN application (compatibility) states that "the )proposed f project is compatible with all adjacent land uses" but then acknowledges that "current land uses are all residential" (emphasis mine), How is an industrial project compatible with a residential neighborhood? 1 1 DMN states there will be no storage of petroleum or other hazardous material on the site, but then states that handling of industrial wastes, that hazardous material will be handled per applicable codes, acknowledging that hazardous material and industrial waste will indeed be present at the site. Inevitably fumes from painting, glues, stains. as well as other chemicals, will be carried to the nearby residences. 12 Even if the facility is paved, there will inevitably be a large volume of road dust generated by the construction vehicles, as well as industrial dusts and chemical smells characteristic of such plants which will find its way into nearby homes. Volatile organic solvents, engine coolants and lubricants, cement dust, oil spills, and dirty diesel exhaust will be on-going air pollutants. 13 Snow removal will require extensive operation of plows, front-end loaders, and trucks, potentially frequently throughout the winter. Mud, organic matter, and oil are likely to be tracked up onto the road by vehicles exiting the facility. 14 Despite DMN's promises that the shop will be almost "unmanned", and that operation will be largely limited to several hours a day, neighbors will know that for some part of every weekday. year-in and year-out forever, they will daily be subjected to increased construction traffic and shop noise, dust and engine exhaust, and that unlike the limited disturbance of a near-by construction project which they know will be completed within a few months, this annoyance will never end. 15 Once permitted, built and operating, there would be no realistic way to limit or contest the operation of the DMN facility, as DMN has much greater financial and legal resources than any individual residential property owner, and would in any event be able to temporize any complaints or County action over an unacceptable period of time. 16 In section 4203.m of the application, DMN states that the shop facility is outside the minimum 100' setback from adjacent residential properties, but in a subsequent request for variance DMN acknowledges that it is less than 100' to adjacent residences. 17 It is unobjectionable that a company would wish to increase its business, efficiency, and profitability, and it is clear that a shop and storage yard are useful to a construction company, but such a facility should properly be located in an industrial section of the county. It is also understandable that DMN or any construction company engaged in building multiple projects in subdivisions would want a storage/fabrication shop close to their projects. it reduces costs to thorn. However it its not the duty of homeowners in residential neighborhoods nor of goveniment to provide any company with this amenity. Permission to build this facility would lead to a reduction in DMN's costs of doing business and therefore make DMN more competitive against other construction companies that do not enjoy similar government-provided advantages. In receiving County permission to build an industrial facility in a residential neighborhood made possible by unwarranted waivers of County codes (2 entries from County Road 117; less than 100' to nearest residences; industrial shop in residential area), DMN would enjoy what amounts to a government-subsidized advantage over its competitors. 18 Because of precedence, if this facility is approved, other construction and industrial companies would be able to claim similar rights to build such industrial shops on land they own or might acquire, and because the DMN shop would be newly created and not grandfathered in, these companies would have strong argument to build similar facilities of their own. 19 DMN has other alternatives. There is no compelling reason for residents along County Road 117 to be subjected to this obnoxious and irreversible project. Regards, William Stark 2 Loyal E. Leavenworth Leavenworth Consulting, LLC PO Box 1530 Carbondale, CO 81623 Igl rr Icllaw.net 970-948-2261 June 21, 2018 Patrick Waller Senior Planner Garfield County Community Development Via Email: pwaller@garfield-county.com Re: Cappo Small Contractor Yard Land Use Application File No.GAPA-02-18-8603 Dear Mr. Waller I am a consultant for William Stark, who owns residential property immediately west of this proposed industrial use. Mr Stark's property is across Four Mile Road and, but for the road, would be contiguous to the site. Mr. Stark is adamantly opposed to this proposed land use. This letter is intended to supplement Mr. Stark's comments in his email to you of June 13th. We believe the proposed land use should be denied for the following reasons: 1. The notice to mineral owners as required by CRS Section 24-65.5-103 and Section 4- 101 of the Garfield County Land Use Code ("LUC") is defective. The applicant only provided the list of mineral reservations contained in the title policy exceptions. No mailing address was provided. The mineral reservations occurred in 1948, 1951 and 1955, between 63 and 70 years ago. It is likely that one or more of the persons who made the mineral reservation are deceased and/or have conveyed or transferred their ownership interest. The County Attorney office memorandum dated June 24, 2014, at paragraphs 6 through 8 clearly require more, including a description of the research process. 2. The title policy indicates that the property (or some portion of it) is subject to Restrictive Covenants recorded as Reception No. 265535, a copy of which is attached. Paragraph A of the Restrictions prohibits any use other than single family 1 residential. (I would also note that Paragraph D prevents resubdivision, as potentially contemplated by the applicant.) There is no indication in the title policy affecting this parcel that these restrictions are not in effect, and, according to paragraph M of the Restrictions, are continuing unless a revocation signed by a majority of the property owners affected, sign and record a termination. 3. In the Rural Zone District the height limit for the proposed building is 40 feet. The elevation drop to the grade of the building from the road is only 10.5 feet. Contrary to the assertions of the applicant, a forty foot building will be highly visible and cannot be effectively "screened" by landscaping and small berms. 4. The Comprehensive Plan provides that the Rural Zone is for small farms. agriculture and clustered residential uses. The site is completely surrounded by residential uses. The proposed use is incompatible with the character of the neighborhood and surrounding uses. Section 7-103, a standard for review of this proposal requires the proposed use to be compatible with "the nature, scale and intensity of ... adjacent land uses." To suggest that a contractor's yard meets and satisfies this standard is ludicrous. Industrial uses belong in an industrial zone district. 5. The LUC at Section 3-101(A) provides that the Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas and natural resource areas" and is intended to "protect the existing character of the area...." This proposed use would be the beginning of the degradation of the character of the area. 6. A small contractor yard is limited to 5 acres. Although the applicant claims the use is only 3.39 acres, this number does not include the necessary roads for the use or the landscaping for the use. When the lands areas that really make up and constitute the proposed use are included, the land area is well over 5 acres. The applicant cannot arbitrarily exclude area from the calculation that is actually part of the proposal, such as the access roads and landscaping. Nor is there any way to determine in the future if the storage yard has encroached into the so-called undeveloped area. 7. There is no basis to grant a waiver of the 100 foot setback, which directly affects Mr. Stark, The proposed industrial use, and a building potentially 40 feet in height, do not justify such a waiver, nor has the applicant satisfied the review criteria for such a waiver. 8. Section 3-101(D)(3) provides that materials stored on the property must be 100 feet from an adjacent property line. From the site plan, storage is proposed as close as 41 feet from the property line. No waiver was even requested for this provision. 9. The proposed building will be located on top of the former sewage lagoons. There is no indication in the application that CDPHE has approved the decommissioning of the old waste water treatment facility. Indeed, the Environmental Services Inc. (ESI) report indicates the existence of sludge and effluent odor. The pictures demonstrate this. More telling is the list of "assumptions" on page 2 of the ESI report: 2 4 A. Assumed CDPHE would not require additional sludge removal to satisfy the requirements for permanent closure. B. Assumed no groundwater remediation would be required by the Water Quality Control Division C. The vertical and horizontal extent of remaining sludge was not evaluated. D. ESI's evaluation was limited and did not constitute a compliance audit. The applicant should be required to demonstrate full compliance with all CDPHE requirements for decommissioning the former wastewater plant and provide written documentation of CDPHE approval. 10. The application in response to numerous submittal requirements simply says "will meet county standards." This does not meet the code requirement to demonstrate how that will happen, particularly when an industrial use is proposed in the middle off a rural residential area. We respectively request that the application be denied. Cc: William Stark 3 Leavenworth Consulting LLC booi465 PAC 556 Ea' 8eoorded et ,fin 150 o'elock....,6 .'u. IIMIA5474. ,gwegtivu Ra._�.• _ l lla Stephede. Reaprden • ` �' DECLARATION OF RESTRICTIONS Sunlight View Subdivision Glenwood Springy, Colorado _ THIS DECLARATION, made this 20th day of May, A.D., 1974, by Sunlight View Company, owners of ell the hereinafter property and hereinafter referred to ee "deolarants" or "owners", do hereby declare: WHEREAS, decleranta are the owner° of a certain tract of land deecrihed ea follow°: A parcel of /And being entirely situate in Garfield Ocunty, Colorado, being Lot 2 end the SWXNESE and all that part of Lot 3 end the 981E1t$ or Seetluh 3, Toknohlp 7 South, Rouge 89 4fust of the Sixth Principal Meridian, • lying Easterly or the Easterly right -or -way line of the' County Road known as Four Mlle Road, also all that part • or the UMW of Seotiole 34. Township 6 South, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Eeeterly right-aF-way line of said County Read and being mere fully deoeribed au follows: Beginning at the Snuthnrly Quarter Corner of said Sentien. 34, being the demo no the Northerly Quarter Darner of unid Section 3; thence S. 09°32'260E. 1336.96 feet along the ' Northerly line of said Lot 2; thence 5.00°13t40"E. 1662.18 Peat °lung the Eectarly lino or aaid'Lnt 2 and the 5190 El4 thence 9,09953'31"W. 964.42 Feet along tEm eouthsrly line of maid SW16NE%t thence N.48050'37"0 337.07 feet; thence 8.210371360tl. 239.33 feet to a point on the aautherly line of said 9EiiN1%; thence 9.89053131"W. 825.45 Feet along tha Southerly 11ne of eaid 8E100 to a point on the Easterly right -or -way lira of said read; thenta N.19°• 23'11"E. 236.65 feet along the Easterly right -of' -way line' or said road; thence N. 19056'10"E. 1350.16 feet along the Easterly right-of-way line nP said rued; thonne 170,35 -feat along the or of a uurvm to the right, having a radius vF 1100.27 feet, the chord of which bears: N. 240 22'170E. 170.17 Peet; thence N. 26048'25"E 137.14 feet along the Easterly right -or -way lino of said road; thence ' 99.41 feet along the arc or a curve to the left, hauing a radium of 633.11 Feet, the chord nF uhieh bears; N.24° 09'30"E. 99.31 Peet; thence N. 19°48'37"S. 172.47 Peat along the Easterly right -or -way line of said reed; thence 190.01 fent along the ere of a curve to the lert, having a radius of 388.10 Peat, the chord of which beers: N.05° 47'04"E. 188.12 feet, thence N.0014'30"W. 160.32 feet slung tha•Eaeterly right-of-way lino of amid road; thanes N.15057'03"0. 76.25 feet along the Easterly right-uf- way line of said road; thence 97.56 feat along the era of a nerve: tb the right, leaving o radium 01'1011.74 feet, the chard of which boars: N.D3°ll'19la. 97.51 fest, thence N.00° 25'34" W. 104.91 rent along the•Eesterly right.ar- • west line of Bald road; thence 94.77 Pest along the arc of a curve to the right, leaving a radius of 644.67 feet, the chord or which bearer N.03047'26"E. 94.68 feet; thence N.08000+150E. 168.96 Feet along the Eoeteriy right- of-way lino of said read; thence 105.34 Peel along the arc or a curve to the left, having a redlue of 439.26 feat,' the chord -of which bears: N.010 D8'02"E. 105.59 Feat; thence N. 05044'11"W. 82.15 feet along the Easterly r1OE- of--say l,ne of paid road; thence N. 10°24'll"W. 80.37 Feet ovntinued, - Sunlight View Subdivision -Continued 13o01*6 PACE 557 Page 2 , along the Easterly right-of-way line of said road to a point on the Northerly line uP acid SEgSWAr thence_S, 89006113"E. 287.88 rest along the Northnrly'line of said SESC$41%, to the Northeast Corner of said SUSWA; thence S. 08a49,40"W. 1526.51 Pant alnnD ihn Fantarly line of esid SEYSWAttethe quarter Corner on the Southerly line of said Sactian 34, the point of beginning. containing 76,25 acral, more dr leas. WHEREAS, declarants have requested the same to be divided into tracts or lots; and WHEREAS, the declarants desire to subject said lots or tracts or lend to certein'reatrictione, conditiona and covenants regulating the use and development thereof; NOW THEREFORE, esid owners declare that the above described lend, hereafter referred to as Sunlight View Subdivision, shall be restricted by the covsnente, aonditionsi restrictions, chargee end agreements hereinafter sat Porth. RESTRICTIONS A This property eha11 net be used except Fnr residential purpoeea, and no building shall be erected, altered, placed or permitted to remain on said praperty other than ono detached, Bingle -family dwelling together with priyate igarago, private stable or barn, B No dwelling shall be constructed on said lend with en original gross construction area of lees then 1,000 square feet of living apace on one Floor. C No building shall be located on any tract of land nearer than 30 Peat from the front lot line, nor nearer then 10 feet from any aide let line. For purposes of these covenants any frontage on a public road shall be considered a front lot line and eaves, steps end open porches shall not he considered es part or the building. Frontage setback from Four Mile County Road is 50 feat minimum as required by Garfield Criunty regulations. D No tract shall be re -subdivided. 1 There is reserved, for all utility purpoeee, a right -df - way and easement 7.5 feat in width along each aide of all interior lot lines and a right-of-way and easement tan feat in width along all lot, lines bordering all public road rights of way and 12.5 fast on all rear lot linea except as ahown on plat. F No noxieue or offensive obtivities shall be carried on upon the property or any pert theme, nor shell anything be done thereon which may be or may become en annoyance or nuieanoe to the neighborhood. O No live swine or other llvaetack anal) be raised, grown or slaughtered, nor any poultry raised or gr[r,:n upan any pert of said tract of land. This °hall net, however, prohibit the raiail:g or horses, dugs or nate for the personal use of the owners of eeid land, provided that such animals shall net be raised ca*.*arcielly or used far any commercial purpose, and when ea raised upon said premises shall be securely fanned within the property owned by the owner thereof. No more than one hnrea may be kept per 15,000 es. ft.,of vacant land, - continued - 7 B0.0K466 PACE 558 Sunlight View Subdivision -Continued ;Page i.- tj No structure of a temporary character, trailer, mobile ' homey, basement, tont, shock, germs, barn or other outbuilding aha11 be used an any part of the ohne-deecrihed property at eny time ' ea a residence, nigher temporarily or permanently; thet no building shall be pieced an said lend by meane of other than new construbtion, and no building shell be used ea e reeidence, even though new • construction which hoe been prefabgiceted end built elsewhere, • it being the intention of these covenente to prohibit the use of mobile home or modular homes ae a residence on said property which have been pre -built and moved to the property. This covenant, however shell not prohibit precut homes which are actually con- structed on the property. I No outside'toilet facilities or temporary outbuildings shell—be permitted upon any of said land, end each lot owner shall be personallyresponsible forihe proper diepasitien of his own garbage and. trash, and shall keep the premises in a clean end sanitary condition. In the event that propane gee 1s used for domestic purposes, said tanks shall be buried or screened from view. 11 Na portion of the area green belt may be fenced or used for any individual awnere private use. L All building plana must be submitted to a three-man architectural committee for approval before construction. The initial committee aha11 be appointed hy.Sunlight View Company. Subsequent committees obeli he elected every two years by the residents of Sunlight Viow Subdivision after the subdivision is 41D6 (forty percent) completed. A favorable two-thirds vote of the committee shall constitute approval. M These covenants shall run with the. land and he binding upon ill parties and all personal claiming through or under the owners thereof for a period of fifteen years From date hereof, after which period these covenants shall be automatically ex- tended for sucoessivo periods al ten years unless an instrument signed by a majnrity of the then lend nwners of tracts in'this area hes been recorded agreeing to change the covenants in whole or in part. That in the event Barfield County shall adopt ap- propriate zoning regulation° covering this area with provisions therein contained For variances from the existing zoning laws, these covenants may be changed or altered, by the appropriate zoning authority upon following the procedure for variances ae may therein be provided. N Enforcement shall he by proceedinge at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, or both, SUBMITTED BY illian M. Ulm For Sunlight Vi , any R. Scott Fifer 0251 Black Diamond Mine Rd. Glenwood Springs, CO 81601 Mr. Patrick Waller Senior Planner Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT 55 RE: Administrative Review for a Small Contractor's Yard, Cappo Properties, LLC Dear Mr. Waller: The purpose of this letter is to request the Garfield County Commissioners deny the above referenced application by Cappo Properties, LLC (Cappo) to develop a Small Contractor's Yard on a 16.66 acre property located immediately north of the Sunlight View Subdivision and adjacent to County Road 117 (Four Mile Rd.) The proposed contractor yard is inconsistent with the surrounding residential neighborhoods and would create a series of safety hazards for valley residents and other travelers along the Four Mile Road corridor. The basis for my concerns and reasons for denial are outlined below. 1. The Cappo application seeking Administrative Review for the development of a Small Contractor's Yard is associated with a 16.66 acre parcel. The application states the following: "Cappo Properties is proposing to dedicate close to half of this property (7.7 acres) to the development of a small contractor's yard." The contractor's yard is to be located on land located within the properties northern region. However, it is my understanding that the County's size limit for a small contractor's yard is 5.0 acres. Thus, based upon the narrative provided by the Applicant, the application should be for "a Large Contractor Yard", not a Small Contractors Yard. The application requirements for a large contractor's yard consists of a different process. Accordingly, the current Cappo application should be denied as it is inconsistent with basic County requirements. 2. The Applicants have requested the use of a primitive, seldom used, ranch road as one if its two entry and exit points along Four Mile Road. The location of this entry/exit point is located along a steep, narrow portion of Four Mile Road where it crosses Four Mile Creek. This section of Four Mile Road is referred to by local residents as the "Bershenyi Dip". I have been commuting on Four Mile Road for 43 years and over this time have witnessed several accidents within the Bershenyi Dip, including an accident involving my daughter. The road at this location is steep, has limited visibility and contains virtually no shoulders. Construction trucks, particularly those with trailers, will create an extreme safety hazard during entry and exit at this location, especially during the winter when this section is extremely icy. There is already a hazard in this area due to limited sight distance and the narrowness of the road, both for vehicles and for increasing bicycle traffic. Under no circumstance should this proposed entry/exit location be approved. 3. Assuming the northern entry (as described above) is denied, the Applicant would access the yard through the southern entrance that currently provides access to the property. However, information contained in the Cappo application indicates that this entry will also create a safety hazard for Four Mile Road users. The planned entry driveway connecting Four Mile Road to the planned warehouse facility intersects Four Mile Road at a low angle (15 degrees), is very steep (10%), and segments will be constructed on compacted fill (8 ft.+). Due to the 15 degree approach of the driveway to Four Mile Road, drivers leaving the property must turn and look back over their shoulder to determine if down valley traffic is approaching. This is less than ideal as most driveways, particularly those with heavy traffic, intersect Four Mile Road at a right (90 degree) angle, making it easier for drivers to locate and consider on -coming traffic. Furthermore, once a driver enters the property, they must access the warehouse facility following a steep (10%), down sloping elevated driveway. The steep and relatively narrow driveway does not provide opportunity for trucks with trailers and/or larger semitrailer tucks to turn around and regain access to Four Mile Road. Without the northern entrance, the Applicant's traffic plan is simply infeasible. Essentially this site is not suitable for the Applicant's intended uses. 4. The problems noted in No. 3 above are created, in part, by the large size of the Applicant's planned metal warehouse facility. The proposed building footprint is 70 feet by 210 feet by 31 feet tall. The building essentially fills the small valley floor that is otherwise confined by steep side slopes (30%+). The confined nature of the location creates the safety concerns and access problems discussed above. This is not an appropriate land use for this specific location and its occupancy by such a large metal warehouse is inconsistent with the surrounding residential community. 5. The Applicant states that "although portions of it (metal warehouse) will be hidden by existing and proposed trees," the building will be visible from the main entry on Four Mile Road. This appears to be an understatement as the 70' by 210' by 31' facility will clearly be visible from Four Mile Road and nearby residential homes. This size and type of the building proposed for this site are out of scale and incompatible with the sites topographic constraints associated with this narrow, steep valley. For the reasons outlined above, I ask that the Cappo application that is under administrative review be denied. Thank you for consideration of the views expressed in this letter. R. Scott Fifer, F9{Ir Mile Resident Patrick Waller From: Jason Neuman <jmn@dmneuman.com> Sent: Monday, June 11, 2018 3:17 PM To: Patrick Waller Cc: rich@dmneuman.com; Gina Neuman Subject: Sunlight Parkway EXHIBIT 5C Pat - Per your request Rich is able to represent both DM Neuman as well as Cappo Properties in relation to the application that is currently under review. If you need anything more please let me know. Respectfully, Jason M. Neuman 1 President l CGP D.M. Neuman Construction Company ESTABLISHED 1982 310 19th STREET GWS CO 81601 (970) 945-7502 OFFICE (970) 230-1529 DIRECT 1 Patrick Waller Garfield County Community Development Senior Planner 7/19/18 EXHIBIT The signatures listed below are from residential property owners in the four mile corridor from the Airport Road turn off to the intersection of Dry Park Road . They have strong objections to the application for a Land Use Chanege Permint in the area submitted by Cappo Construction. These objections are based on, but not limited to, the conditions described in the attached E -Mail from Nancy McCellan dated July 9, 2018, Name / /"•'►x / .44,2,6.4/r 19277 X/v et/a/i ,1--;-( 7:1 • /I'll (cflottif gil-ektfreht+ '1 n MeWaY -ups PlAc5 R1( s4 ( Addgess �--- rf--/ o / ffa 7 r A4 !/7 C7L re. 7 7.6 -» s . C�. � iE v/ 6z 37414,A,71 fD.� 11 P.. w Did k516>Y4 g S SE,trvW Pr (n2 Sunl's�jln-�-1 r' Ca 1n15 GO -w1(001 &&&Ciz c? c-r�a5 Co 5t(a 30( CHEZ/A) Pz GWS Co S(got Submitted By: 4/04,c, Cate Ken Call 0288 Van Dorn Roa6 Glenwood Springs Colorado 81602 3. >-Y-704.) I GJs�i� Si�Gs Gd ��� o� 3.7/ c1e //? PAGE TWO Continuation Of Residential Property Owners With An Objection To The Applicaion For A Land Use Change In The Four Mile Area For Cappo Construction. Name Address f— A l Or YYI t'6^ 00071 [2'2 C. 0404.0 10E6 v z,;, , /Avi 00 e.t-4 I -OP,tP ( 1 7 J l/ <-1 V)`c- KCL S rl K, .. (_4\L L iiO v'Nts,6: t �c� ��ica (:A.k LN.t)cev Sia JNITY Connect Page 1 of 3 XFINITY Connect Cowlibby@commst.net + Font Size - Cappo, Construction Yard From : Nancy McClellan <ricknancymac@corncast.net> Subject : Cappo, Construction Yard To : Pam and Howard Irion <irionh@msn.com>, Charlie and Charlotte Lueders <fourmilegsco@gmail.com>, Charles Lueders <luederscharles@gmail.com>, Dan Ackerman <dansmercury@gmail.com>, Don Tapp <dtapp@hstcpa.com>, Teddy Ann Currier <tacurrier@gmail.com>, jcurriergws@gmail.com, Libby Cowling <cowlibby@corricast.net>, Becca Schenk <rhschenk@hotmall.com>, Kathy Westley <kathy@propertyshopirk.com>, Jill Purse!! <jill@jillpursell.com>, Skip and Barb Likely <toolkely@gmail.com>, Jamie Spry <jamie@accentontops.com>, Shawn Brown <shawnandpennybrown@yahoo.com>, Lany2703041Carver@gmail.com, arlacarver@gmail.com, Chadley37@hotmal.com, nmordell@gmail.com, gskkhartmn@aol.com, kjjackson6@msn.com, alexdela@comcast.net, Stephen Huber <shuber@centraiuh.edu>, clemkopf@comcast.net, Mike Larime <MWLarime@comcastnet>, Barb Larime <BLarime@comcastnet>, Diahe Delaney <delaney@sopris.net>, dave@dreinc.biz, Rick McClellan <ricknancymacl@comcastnet>, mefordham@yahoo.com, awmstark@gmail.com, heyliger@rockmedia.com, ginman50@sopris.net, dhawkhaws@msn.com, starbelld@yahoo.com, Nancy McClellan <ricknancymac@comcast.net> Reply To : Nancy McClellan <ricknancymac@comcast.net> July 9, 2018 Neighbors: Mon, Jul 09, 2018 03:39 PM As most of you are now aware, Cappo has applied to the County for a Land Use Change Permit for where the old Zilm sewer ponds were. They are asking for permission to put in an approximately 3.45 acre contractors' yard which will include a structure, This is now going to the County Commissioners on July 23rd at 1:00 for a final decision to deny or approve the Land Use Change Permit. If you have not read the permit request, here are a few of the items discussed and contained in the permit application. The building will be 65'.c 200' 13000 S.F.; the height is undetermined https://web.mail.comcast.net/zimbra/h/printmessage?id=1062998&tz=America/Denver&xi... 7/9/2018 NI.1 Y Connect Page 2 of 3 There will be two access points, one near Four Mile Creek just below the hill and the second near where it now is, just belowa blind curve. They are asking for a waiver from the requirement that Industrial Use shall not occupy a lot in a plotted sub division. The traffic study indicates there could be 52 trips a day. If these are round trips, then there are 104 one way trips. Either one heavily impacts Four Mile Road and Midland Avenue.The stated use of the shop building will be for storage, material storage, equipment storage including trailers, and for construction of small projects. The County Wildfire Susceptibility Index lists that this is a high danger area. Is this a good place for lumber storage, equipment storage, and fabrication which will by nature include fuels and oils? The permit request confirms Garfield County Land Explorer that existing surrounding land use is residential. This could be a precedent setting decision for the Four Mile Corridor. If you have any concerns or comments on this Land Use Change Permit you can make them to Peter Waller at pwaller@garfield-county.com. Comments should be make in time for the Commissioners to study them before the July 23rd. meeting. All concerned are encouraged to attend. Your neighbors may not know about this. Please make them aware of it. Thank you Rick & Nancy McClellan httns://web.mail.comcast.net/zimbra/h/printmessage?id=1062998&tz=America/Denver&xi... 7/9/2018 Patrick Waller From: Nolia Spry <noliaspry@outlook.com> Sent: Friday, July 20, 2018 10:03 AM To: Patrick Waller Cc: jamie@accentontops.com Subject: Cappo Land Use Change Permit To Whom It May Concern EXHIBIT 5b I am writing to you to voice my strong opposition to allow Cappo to use the land in question on Four Mlle Road (where the Zilm sewer ponds were) as an Industrial sight. 1. Four Mile Road is a recreational road. In the winter, there are skiers and snowmobiles aplenty. And year-round, weather permitting, bicyclists use the road quite frequently, and with the required 3 additional feet rule, this road becomes quite narrow, especially in the area that we all refer to as Bersheni's "dip". 2. The speed limit is currently set at 35 mph, and there are quite a few people who do not adhere to that speed. You add several more big trucks on that stretch of road, and the risk of cars and trucks becoming reckless is imminent. 3. There is also the concern of the school buses and the safety of our children. There is a school bus stop quite close to that area, and on an incline, if a bus has to stop to wait on a truck turning, that can become dangerous. 4. What's to stop anyone else who lives along the Four Mile corridor from wanting to turn their property into an industrial sight. We, for instance, have 2.25 acres (residential) and own our own business that is located (properly) in a commercially zoned area. Wouldn't it be nice to be able to store trucks, materials, etc., so close to home. But, this is why we live where we do. We appreciate the beauty of a country road, the wildlife that surrounds us, and the peace and quiet. You add more trucks using the road on a daily basis, and you start seeing a noticeable change. I hope this will not pass. Please vote against the change from residential to industrial. Sincerely Nolia Spry 3792 County Rd 117 Glenwood Springs, CO 81601 970-379-2980 Sent from Outlook 1 Patrick Waller From: Donald Tapp <dtapp@hstcpa.com> Sent: Thursday, August 02, 2018 8:58 AM To: Patrick Waller Subject: Website inquiry -Community Development Donald Tapp has sent you a message: Cappo-Small Contractor Yard, GAPA-02-18-8603 9709459156 Dear Mr. Waller: EXHIBIT 9 I believe the approval of the use change permit would adversely affect the environment, traffic, residents, and residential property values of the properties adjacent to the property, across the road, Chelyn Acres, Sunlight View, Sunlight View II, Springridge Reserve, Springridge Place, and Four Mile Ranch subdivisions. The 4 mile road corridor is an attractive place to live. Allowing a construction yard and industrial building will be very detrimental to that. There is also the concern of increased heavy vehicle traffic and the related road wear, noise, and safety concerns. There are also many people who bicycle 4 mile road. The proposed entrances are in dangerous locations that would increase the likelihood of car and car/bike accidents. I believe the use change Jason Neuman and Rich Carter are proposing is not in the best interest of the community but solely for their own. We ask that the Cappo-Small Contractor's Yard Use Change Permit be denied. Thank you for you time and consideration. Sincerely, Donald Tapp Patrick Waller From: Jenni Fautsko <jenfautsko@gmail.com> Sent: Friday, August 10, 2018 9:19 PM To: Patrick Waller Subject: Zoning 4 Mile EXHIBIT Hello, we live in Sunlight view 11, and do not want Nueman construction. To have commercial zoning in our residential area. There are no other commercially zoned areas and we do not want them. Thus was a big part of he reason we moved up 4 Mile a little over a year ago. My husband was raised in Glenwood and I've been in Glenwood since 1994. Thank you very much Jenni and Matt Fautsko. 9703798955 Patrick Waller From: Tom Jankovsky Sent: Monday, August 13, 2018 11:02 AM To: Sheryl Bower; Patrick Waller Subject: FW: Website inquiry - BOCC Original Message From: Dave Heyliger [mailto:heyliger@rockmedia.com] Sent: Monday, August 13, 2018 9:57 AM To: Tom Jankovsky Subject: Website inquiry - BOCC Dave Heyliger has sent you a message: 4 -Mile Rezoning Meeting TODAY 303 933 7300 Patrick Waller / Planning Board — I am sorry that I cannot make it to today's meeting but want to reiterate my concerns. EXHIBIT � 6L I understand that Cappo / Neuman wants to rezone a section of land up 4 -Mile to erect a ("small" contractors' yard & shop where the old Sunlight View sewer was located. I also learned they want to add another entrance to 4 -Mile at the bottom of the extremely DANGEROUS "Bersheny Dip. I and others who live up 4 -Mile strongly oppose this rezoning proposal. The 4 -Mile corridor is RESIDENTIAL... and much of it HIGH END properties who pay a LOT in tax dollars. Placing any type of commercial building sandwiched between Sunlight View, Chelyn Acres, and 4 -Mile Ranch is ludicrous! Then on top of that... adding 50+ daily construction -type trips up and down 4 -Mile (and hence, Midland... the biggest piece of poop in all of GWS) is nothing but a seriously BAD IDEA. Almost as bad as when (you the government) were thinking of placing the FedEx distribution center by the airport. PLEASE MAKE THE RIGHT DECISION AND DENY THIS REZONING PROPOSAL. Thank you. Dave Heyliger 35 Deer Park Ct GWS (Sunlight View). 303.933.7300 1 Patrick Waller From: Tom Jankovsky Sent: Monday, August 13, 2018 11:03 AM To: Sheryl Bower; Patrick Waller Subject: FW: Website inquiry - BOCC Original Message From: Jackie Sweeney [mailto:jcksween@comcast.net] Sent: Monday, August 13, 2018 8:51 AM To: Tom Jankovsky Subject: Website inquiry - BOCC EXHIBIT Jackie Sweeney has sent you a message: Neuman Construction Yard 9703794761 I have been thinking about all the comments and thoughts on Neuman's Construction yard. The noise, traffic, dust and visual impact are all a concern, but not the major ones in my mind. Jason is a good guy and will probably not have an offensive operation. But the major concern is the precedent that is being set and the usage being approved for that lot. The precedent for industrial usage in the Four Mile Corridor is a major concern. What is now primarily a residential area could be looking at more industrial development down the road because of the precedent that is being set here. The other major concern is future usage of the Neuman lot. Jason may take his neighbor's concerns into consideration and run a good operation now. But what about the future. When that property is sold the new owner can do whatever today's approved zoning allows and that new owner may not be as considerate as Jason. Jackie Sweeney 1