HomeMy WebLinkAbout1.0 Application.pdfTown of Carbondale LDcSExtent LAEA-6735 Carb!lndale Gateway River Access Park Location and Extent Review Town of Carbondale Gateway River Park Sopris RV Park/Koziel Property 640 County
Road 106 Garfield County
) ) TOWN OF CARBONDALE 5 11 COLOHJ\DO AVENUE CAHBONDJ\LE, CO 81623 Mr. Glenn Hartmann, Senior Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood
Springs, CO 81601 Re: Town of Carbondale Location and Extent Review Dear Glenn, February 15, 2011 Attached are three copies of the Warranty Deed for the Koziel property and three copies
of the parcel search. We located five properties that are within two hundred feet of the Sopris RV Park. ~ely, $ -Larry ~ger, Pu~s Director Phone 970.963.2733 RECEIVED FEB 1 5 2011 GARFIELD
COUNTY BUILDING & PLANNING Fax 970.963.9140
\ 1111 WP'• F:lt1~MV~ IW.~.Iw~·!.+l'ifi~Nr'~~llll,~"~ IIIII Reception#: 796260 12/27/2010 01:49:15 PM Jean Alberico 1 of 5 Reo Fee:$31 .00 Doo Fee:252,00 GARFIELD COUNTY CO ·JIIIIIlllllllllllllllllll
lllll I Ill Warranty Deed (Pursuant to :iB-30-113 C.R.S.) State Documentary Fee Date: December 23, 2010 $ 252.00 TillS DEED, made on December 23, 2010 by STANLEY KOZIEL AND VALERIE KOZIEL
Grantor(s), of the County of GARFIELD i!lld State of COLORADO for the consideration of ($2,520,000.00) ***Two Million Five Hundred Twenty Thousand and 00/100 ***dollars in band paid,
hereby sells and conveys to TOWN OF CARBONDALE, A COLORADO HOME RULE MONICIPAL CORPORATION Gri!lltee(s), whose stneet address is 511 COLORADO A VENUE CARBONDALE, CO 81623, County of
GARFIELD, and State of COLORADO, the following real property in the County of Garfield, and State of Colorado, to wit: SEEATfACHED "EXHIBIT A" also known by street and number as: 640
COUNTY ROAD 106 CARBONDALE CO 81623 with all its appurtenances and warrants the title to the same, subject to all taxes and assessments for the year 2010 and subject to all matters as
set forth on Exllibit n B" attached 11 reto and incorporated herein. State of COLORADO County of GARFIELD ) ) ss. ) The foregoing instrument was acknowledged before me on this day of
Decomber 23, 2010 by STA KOZIEL VALERIE KOZIEL Fonn 13082 09/2008 wd.open.odt Warranty Deed Open (Pilotograpllic) JANICE LJoHNSON NOTARY pUBLIC STATE OF COLORADO MY Commission Expires
04116/2012 GW63005580 {10832593) 5
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A ALL 'l'HAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTHERLY OF THE ROARING FORK RIVER, . WESTERLY OF HIGHWAY 133, SOUfHERLY OF HIGHWAY 82 AND EASTERLY OF THE RIGHT OF WAY
OF THE DENVER AND RIO GRANDE RAILROAD. A PARCEL OF LAND SITUATED IN LOTS 9 AND 21, Nl12SE114 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE
FULLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST QUARTER CORNER OF SAID SECTION 28; . THENCE S. 73 DEGREES 41'29" W., 2471.63 FEET
TO A POINT AT TilE INTERSECTION OF TifE SOUTH RIGHT OF WAY OF STATE HIGHWAY B2 WITH THE NORTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD, TilE POINT OF BEGINNING; TIIENCE
S. 64 DEGREES 17'24" E. ALONG SAID SOUTHERN RIGHT OF WAY 284.04 FEET; TIIENCE S. 65 DEGREES 41'54" E, 424.00 FEET ALONG SAID SOUTHiiRNRIGHT OF WAY; . THENCE S. 75 DEGREES 52' 54" E,
121.10 FEET ALONG SAID SOUTIIERN R1GHTOF WAY; TIIENCE ALONG SAID SOUTHERN R1GIIT OF WAY S. 85 DEGREES 13'42" E. 232,96 FEET; TIIENCE ALONG SAID SOUTHERN RIGIIT OF WAY S. 85 DEGREES 13'54"
E. 81,90 FEET; TIIENCE ALONG SAID SOUTHERN R1GIIT OF WAYS. 86 DEGREES 45'54" E.·85.00 FEET; THENCE ALONG SAID SOUTHERN RIGIIT OF WAY S. 81 DEGREES 44'54" E. 131.60 FEET; TIIENCE ALONG
SAID SOUTHERN R1GIIT OF WAYS. 28 DEGREES 19'11" E. 39,60 FEET TO TilE WESTERN RIGHT OF WAY OFHlGHWAY133; THENCE ALONG SAID WESTERN R1GHT OF WAY S. 00 DEGREES 10'24" E. 153.10 FEET; THENCE
ALONG SAID WESTERN RIGHT OF WAYS. 01 DEGREES 10'24" E. 90.80 FEET TO THE COMMON SOUTH LINE OF SAID LOT 9 AND Nl12SE114 SAID SECTION 28; TIIENCE LE.AVING SAID WESTERN RIGIIT OF WAY ALONG
SAID SOUTH LINEN. 89 DEGREES 09'40" W. 951,74 FEET TO THE NORTIIERN RJGHT OF WAY OF SAID RAILROAD; . THENCE ALONG SAID NORTIIERLY RJGIIT OF WAY N. 22 DEGREES 44'24" W, 350.35 FEET TO
THE EAST I.INE OF THE TOWNSITE OF COOPERTON; . THENCE LEAVING SAID NORTHERN RJGHT OF WAY ALONG SAID EAST LINEN. 00 DEGREES 38'00" E. 31.27 FEET TO THE NORTH LINE OF SAID TOWNSITE OF
COOPERTON; THENCE ALONG SAID NORTH LINEN. 89 DEGREES 22'00" W.13.52 FEET TO TilE NORTIIERN RlGHT OF WAY OF SAID RAILROAD; THENCE LEAVING SAID NORTH COOPER TON LINE ALONG sAiD NORTHERN
RJGHT OF WAY N. 22 DEGREES 44'24" W., 14.68 FEET; THENCE ALONG SAID NORTHERN RIG liT OF WAY ALONG A CURVE TO THE LEFf, RAVING A RADIUS OF 673.69 FEET AND DELTA ANGLE OF 26 DEGREES 56'00"
(CHORD BEARING N, 36 DEGREES 12'24" W, 313.78 FEEt), A DISTANCE OF 316.69 FEET; THENCE ALONG SAID NORTHERN RIGHT OF WAY ALONG A CURVE TO TilE LEFT, RAVING A RADIUS OF 1532.69 FEET AND
A DELTA ANGLE OF 1 DEGREE 27'56" (CHORD BEARING N. 50 DEGREES 24'52" W. 39.20 FEET), A DISTANCE OF 39.20 FEET TO THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY 82 AND THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO CARBONDALE SANJTATION DISTRJCT DESCRIBED IN DEED RECORDED IN BOOK 745 AT PAGE 691 AS RECEPTION NO. 397546. COUNTY OF GARFIELD STATE OF COLORADO Form 13426
0712008 exhibit.a.odt GW63005580 {10832331}
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EXHIBITB Property Address; 640 COUNTY ROAD 106 CARBONDALE CO 81623 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE IllS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE
OR INTERSECT THE PREMISES AS RESERVED IN UNITED S11\TES PATENT RECORDED DECEMBER 19, 1923INBOOK 73ATPAGE 177. (AS TO SAID LOT 9) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNlTED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924IN BOOK 112 AT PAGE 581. (AS TO SAID LOTS 7 AND 8), IN PATENT RECORDED DECEMBER 19, 1923 IN BOOK
73 AT PAGE 177 (AS TO SAiD LOT 9), AND IN PATENT RECORDED JUNE 11, 1927IN BOOK 112AT PAGE 597. (AS TO SAID LOT 21). RIGHTS OF ACCESS TO AND FROM STATE IDGHWAYS NOS. 82 AND 133 FROM AND
TO ANY PART OF THE SUBJECT PROPERTY ABUITJNG UPON SAID IDGHWAYS, ALONG OR ACROSS A LINE DESCRIBED AS FOLLOWS: SOUTHERLY LINE: BEGINNlNG AT A POINT ON THE EAST LINE OF LOT 21, SECTION
28, FROM WIDCH THE El/4 CORNER OF SECTION 28 BEARS N. 54 DEGREES 21' E. A DISTANCE OF 1684.6 FEE'Il THENCE N. 85 DEGREES 20' W., A DISTANCE OF 224.1 FEE'Ij THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVlNG A RADIUS OF 2035.0 FEET, A DISTANCE OF 223.8 FEET (THE CHORD OFTIDS ARC BEARS N. 79 DEGREES 12'30" W., A DISTANCE OF 22.3.6 FEET). ALSO, SOUTHERLY LINE: BEGINNING
AT A POINT ON THE WEST LINE OF LOT 9, SECTION 28, FROM WIDCH THE Ell4 CORNER OF SECTION 2.8 BEARS N. 54 DEGREES 21' E. A DISTANCE OF 1684.6 FEE'Ij THENCE S. 85 DEGREES 20' E., A DISTANCE
OF 85,7 FEET; THENCE S. 81 DEGREES 34' E., A DISTANCE OF 180.2 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 133; 'J'HliNCEALONG THE WESTERLY RIGHT OF WAY LINE OF STATE
HIGHWAY NO. 133, S. 2.8 DEGREES 20'30" E., A DISTANCE OF 109.8 FEE'Ij THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, S. 1 DEGREE 16' E., A DISTANCE OF 153.1 FEE'Ij AS TAKEN BY THE BOARD
OF COUNTY COMMISSIONERS OF GARFIELD COUNTY AND THE DEPARTMENT OF IDGHWAYS, STATE OF COLORADO, UNDER RULE AND ORDER RECORDED SEPTEMBER 4, 1970 IN BOOK 413 AT PAGE 22. For1Ill3100 08/2008
b2exhibit.escrow.odt GW630055BO {10832594}
1111 WJI'o~.~:n~~¥~r.!U,~.IW\IIf.l~r.liil'!VW~I~ ~~~ IIIII Re~eption#: 796260 12/27/2011?1 01:49:15 PM Je~m Alberico 4 of 5 Reo Fe.e:$31.00 Doc Fee:252.00 GARF!El,D COUNTY CO RlGHTS
OF ACCESS TO AND FROM STATE IDGHWAY NOS. 82 AND 133, FROM AND TO ANY PART OF: THE SUBJECT PROPERTY ABUTTING uPON SAID IDGHWAYS, ALONG OR ACROSS A LINE DESCRIBED AS FOLLOWS: SOUTHERLY
LlNE: BEGINNING AT A POINT ON. THE EAST LINE OF LOT 21, . SECTION 28, FROM WIDCH THE El/4 CORNER OF SECTION 27 BEARS N. 82 DEGREES 28' E. A DISTANCE OF 6642.1 FEET; THENCE N. 85 DEGREES
19'30" W. A DISTANCE OF 232.9 FEET, THENCE N. 75 DEGREES 58'30" W.ADISTANCE OF 121.1 FEET; THENCE N. 65 DEGREES 47'30" W. A DISTANCE OF 424.0 FEET, SOUTHERLY LlNE: BEGINNING AT A POINT
ON THE WESTLINE OF LOT 9, SECTION 28, FROM WIDCH THE E1/4 CORNER OF SECT! ON 27 BEARS N. 82 DEGREES 28' E. A DISTANCE OF 6642.1 FEET; THENCE S. 85 DEGREES 19'30" E. A DISTANCE OF 81.9
FEET; THENCE S. 86 DEGREES 51'30" E. A DISTANCE OF 85.0 FEET, THENCE S, 81 DEGREES 50'30" E. A DISTANCE OF 131.6 FEET, TO THE WESTERLY RIGHT OF WAY LlNE OF STATE IDGHWAY NO. 133 (MAY,
i972); THENCE S. 28 DEGREES 20'30" E. ALONG THE WESTERLY RIGHT OF WAY LINE OF . STATE IDGHWAY NO. 133 A DISTANCE OF 39.6 FEET; THENCE S. 1 DEGREE 16' E. CONTINUING ALONG THE WESTERLY
RIGHT OF WAY LINE OF STATE IDGHWAY NO. 133 A DISTANCE OF 153.1 FEET. AS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY AND THE DEPARTMENT OF IDGHWAYS, STATE OF COLORADO,
UNDER RULE AND ORDER RECORDED MAY 30, 1974 IN BOOK 460 AT PAGE 35. TERMS AND CONDITIONS OF GARFIELD COUNTY RESOLUTION NO. 88-045, CONCERNING APPROVAL OF THE SOPRIS R.V. PARK P.U.D. RECORDED
MAY 24, 1988 IN BOOK 734ATPAGE 909. BOUNDARY LINE ADJUSTMENT BY AND BETWEEN PATRICK L. GROOM AND CARBONDALE SANITATION DISTRICT RECORDED FEBRUARY 24, 1989 IN BOOK 749 ATPAGE735. EXCLUSIVE
EASEMENT AND RIGHT OF WAY TO CROSS ON AND OVER SUBJECT PROPERTY FOR.THE PURPOSE OF INGRESS AND EGRESS AS GRANTED TO CARBONDALE SANITATION DISTRlCT BY PATRlCK L. GROOM AS DESCRIBED IN
DEED RECORDED DECEMBER 14, 1988 IN BOOK 745 AT PAGE 691. TERMS, CONDfflONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 95-080 RECORDED OCTOBER 10, 1995 IN BOOK 955 AT PAGE 351.
TERMS, CONDITIONS AND PROVISIONS OF PRlVATE WAY LICENSE RECORDED APRIL 02, 1998 IN BOOK 1061AT PAGE 9 AND AMENDMENT RECORDED AUGUST 10, 2009 UNDER RECEPTION NO. 773-059. Form !3100 08/2008
b2exhibit.escrow.odt GW63DD5560 {10032594}
1111 WI~* ~:n~I¥~Nll,roli~.NV\ ~~~WI.W~lti+U~ IIIII ReceptionH: 796260 12/27/2010 01:49:16 PM Jean Alberico 5 of 5 Reo Fee:$31.00 Doc Fee:252.00 GRRFIELD COU(I.ITY co ANY QUESTION, DISPUTE
OR ADVERSE ClAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATiiRAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL
OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED,
BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. RIGHT OF WAY FOR THE UNINTERUPTED FLOW OF THE ROARING FORK RNER. EASEMENT
FOR DITCH AND ENCROACHMENT OF PLAYGROUND ONTO HIGHWAY RIGHT OF WAY AS SHOWN ON IMPROVEMENT SURVEY DATED JULY 19, 2010 PREPARED BY LINES IN SPACE. Form 13100 0812008 b2exhibit.escrow.odt
GW63005580 {10832594}
PFLEIDER, RUTH ANN NADELL, JAMES N KOZIEL, STANLEY & VALERIE COLORADO ROCKY MOUNTAIN SCHOOL WRIGHT, J.H=1"'HHFHFft!Jt'H BALENTINE CARBONDA E HOLDIN'1...,........,"'---':Y
200ft Public Notice 239328400005 FATIOR, ROBERT T TRUST & FATIOR, SUSAN F TRUST 45 ALPINE CT GLENWOOD SPGS, 81601-9217 239328400035 RODDAN, DAVID F & PAULINE R PO BOX 1961 CARBONDALE,
Co 81623 239328400014 DAG, STEFAN A & ANWYL-DAVIES, EVA ALEXANDRA C 0484 COUNTY ROAD 106 CARBONDALE, CO 81623 239328400023 PFLEIDER, RUTH ANN 786 E JOSEPHINE CANYON DRIVE GREEN VALLEY,
AZ 85614 239328300024 ROARING FORK TRANSPORTATION AUTHORITY 530 E MAIN STREET Aspen, CO 81611
Location and Extent Review Attachment "A" Attachment "B" Attachment "C Attachment "D" Attachment "E" Attachment "F" Attachment "G" Attachment "H" Attachment "I" Attachment "J" Attachment
"K" Town of Carbondale Gateway River Park Sopris RV Park/Koziel Property 640 County Road 106 Garfield County ' Resolution No. 88-045 Engineer's Report 1994 ISDS Project Information and
Staff Comments to Commissioner 1995 PUD Amendment Resolution 95-080 Engineer's Report for ISDS Repair Feasibility Study & Conceptual Design for the Carbondale Gateway River Park Findings
of the Gateway Task Force Division of Wildlife Conservation and Access Easements RFT A Access License Agreement Garfield County Intergovernmental Agreement Phase I Environmental Site
Assessment and Limited Phase II Environmental Site Assessment
) Koziel Property Location D Parcels ) For planning purposes only
,. ) )
=== = GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com
LAEA-Gr35 PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-284-00-015 ·DATE: February 3, 2011 APPLICANT'S PLANNERS: Jeff Jackel, Recreation Director Larry Ballenger, Director
of Public Works PROJECT: Carbondale Gateway River Access Park OWNER: Town of Carbondale REPRESENTATIVES: Jeff Jackel, Recreation Director Larry Ballenger, Director of Public Works PRACTICAL
lOCATION: County Road 106, in the vicinity of Highways 82 and 133 TYPE OF APPliCATION: Location and Extent Review I. GENERAl PROJECT DESCRIPTION Existing Conditions-History The property
is comprised of 7.85 acres and is located at the southwest corner of the intersection of State Highways 82 and 133. It is situated between Highway 82 and the Roaring Fork River. The
site has extensive river frontage, visibility from adjacent roadways and is located at the Highway 133 entrance to the Town of Carbondale. It is zoned PUD with approvals (Garfield County
Resolutions #88-045 and #95-080) and improvements in place for use as a Recreation Vehicle Park (RV Park) and open space/river access. The RV Park improvements include 32 RV spaces,
4-6 tent camping spaces, access roads, an 18oo sq.ft. caretakers home, a bathroom/shower building, and a river access/boat ramp. Access is existing from County Road 106, with access
and parking areas surfaced with chip and seal and gravel. Access to County Road 106 is off of Hwy 82 which is improved with turn lanes and
acceleration/deceleration lanes. The Park is served by an existing well with ozone purification and an existing ISDS system (leach field and septic tank). Access to the site crosses
an easement from the Roaring Fork Transit Authority and the Rio Grande Trail is adjacent to the site and with tail connections. The property is also subject to Conservation Easements
with the Colorado Division of Wildlife (DOW) and was acquired by the Town of Carbondale through GOCO Grants from the State of Colorado. Future Operation and Improvement Plans Potential
future plans of the Town of Carbondale may include but are not limited to: l> Operation of the RV Park with some refinements or modifications (i.e. number of spaces, stay limits, campground
host programs). l> Continued operation of the boat ramp, public access and river park programs on the lower bench adjacent to the Roaring Fork River. l> Additional amenities may include
shade shelters, picnic areas, upgrades to the river access, boat ramp, access roads and parking areas, and creation of a river trail. Additional future planning for the Gateway River
Access Park by the Town of Carbondale is anticipated with a wide range of potential refinements to the park, its improvements and operations to serve the community's needs and desires.
Future plans will be subject to the terms of the existing easements with DOW and agreements with GOCO. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE ·COMPREHENSIVE
PLAN, STATE STATUTES, ETc.) l> Garfield County Unified Land Use Resolution of 2008 as amended (ULUR): Section 3-103, Powers and Duties of the Planning Commission l> ULU R: Section 4-112,
Location and Extent Review (Projects & Processing) l> ULUR: Sections 4-103, Preapplication, Completeness, Public Hearing and Public Notice l> ULUR: Section 7-102, Compliance with Comprehensive
Plan and Intergovernmental Agreements l> Colorado Revised Statues: Sections 30-28-110, 22-32-124 (a) and 22-32-214 (1.5)(a) as amended and as referenced in ULUR Section 4-112 l> Garfield
County Comprehensive Plan 2030: Including but not limited to Chapter 2, Future Land Use and Chapter 3, Section 1, Urban Growth/Intergovernmental Coordination The ULUR, Section 4-112(C),
Form of Application references submittal requirements including a "site development plan" and narrative explaining how the project meets the standards of Section 7-102. Additional background
information on the history of the site and existing improvements should also be provided and documented.
Ill. REVIEW PROCESS The review process is as set forth in ULUR Section 4-112 and 4-103 and includes a determination of completeness, referrals, a public hearing date, public notice requirements,
and review and decision by the Planning Commission. The Application by the Town of Carbondale would be consistent with the type of Applications listed for Location and Extent Review
in Section 4-112(B)(2) of the ULUR which includes parks. The Applicati~n is consistent with and was called for under the terms and conditions of an intergovernmental agreement between
the Town of Carbondale and Garfield County associated with the acquisition of the park property. The primary criteria for Location and Extent review is found in Section 7-102 which calls
for consistency with "applicable provision of the Garfield County Comprehensive plan and any intergovernmental agreements between the County and a municipality that applies to the area
where the use will occur". Based on the initial representations of the Town of Carbondale and provided the plans for operating the park are consistent with the existing PUD approvals,
no land use review or Applications in addition to the "Location and Extent" revieware required at this time. Future changes to the site and/or land use may require amendments to the
PUD or other Land Use Change requests. Public Hearing(s): Referral Agencies: None A Planning Commission = Board of County Commissioners =Board of Adjustment Referral Agencies are likely
to include but not limited to the following: ~ Garfield County Road and Bridge Department ~ Garfield County Attorney Office ~ Colorado Department of Transportation ~ Colorado Division
of Wildlife IV. APPLICATION REVIEW FEES Planning Review Fees: $ tbd (to be determined by the Director, Building & Planning Dept.) Referral Agency Fees: $ na Total Deposit: $ tbd (additional
hours are billed at hourly rate of $40.50)
General Application Processing Planner reviews case for completeness and sends to referral agencies for comments and schedules meetings/hearing with the appropriate hearing body. Case
planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner prepares a report makes a recommendation of
approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary
is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested
right. Pre-application Summary Prepared by: Glenn Hartmann, Senior Planner Date
) RECEIVED LOCATION AND EXTENT APPLICATIO~EB ll 2011 GARFIELD COUNTY BUILDING & PLANNING Name of Property Owner: Town of Carbondale Mailing Address: 511 Colorado A venue Telephone: (970)
963-2733 City: Carbondale State: CO Zip Code: 81623 Cell: (970)618-7254 E-mail address: lballenger@carbondaleco.net FAX: (970)963-9140 Name of Owner's Representative, if any, (Attorney,
Planner, Consultant): Larry Ballenger, Director of Public Works Mailing Address: 511 Colorado A venue Telephone: (970)963-2733 City: Carbondale State: CO Zip Code: 81623 Cell: (970)618-7254
E-mail address: lballenger@carbondsaleco.net Fax: (970)963-9140 Requested Use: The Town of Carbondale closed on the Sopris RV Park property located at 640 106 Road on December 23, 2010.
The Town proposes to continue to operate the Sopris RV Park and campgrounds. The Division of Wildlife will continue operating the boat launch facility and maintaining the fisherman's
access to the Roaring Fork River. The Sopris RV Park will become a part of the future Gateway River Park. A more detailed plan is provided in the "Narrative." Street Address I General
Description of Property: The Sopris RV Park is located at 640 County Road 106 Garfield County, CO 81623. The property is known as the Sopris RV Park. The site is located on the southwest
corner of the intersection of SH 82 and SH 133 north of the Roaring Fork River. SH 82 is the north boundary; SH 133 is the east boundary and the river fronts the south boundary. The
west boundary is bordered by the RFT A railroad right-of-way. Legal Description: ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTHERLY OF THE ROARING FORK RIVER. WESTERLY
OF HIGHWAY 133. SOUTHERLY OF HIGHWAY 82 AND EASTERLY OF THE RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD. A PARCEL OF LAND SITUATED IN LOTS 9 AND 21. Nl/2SE114 OF SECTION 28. TOWNSHIP
7 SOUTH. RANGE 88 WEST OF THE PRINCIPAL MEDIAN. BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST QUARTER CORNER OF SAID
SECTION 28: 1
THENCE S. 73 DEGREES 41' 29" W. 2471.63 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 82 WITH THE NORTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD. THE POINT OF BEGINNING: THENCE S. 64 DEGREES 17" 24" e. ALONG SAID SOUTHERN RIGHT OF WAY 294.04 FEET: THENCE S. 65 DEGREES 41' 54" e. 424 FEET ALONG SOUTHERN RIGHT OF WAY:
THENCE S. 75 DEGREES 52' 54" e. 121.10 FEET ALONG SOUTHERN RIGHT OF WAY: THENCE ALONG SAID SOUTHERN RIGHT OF WAYS. 85 DEGREES 13' 42" E. 232.96 FEET: THENCE ALONG SAID SOUTHERN RIGHT
OF WAYS. 85 DEGREES 13' 54" e. 81.90 FEET: THENCE ALONG SAID RIGHT OF WAYS. 86 DEGREES 45' 54" E. 85.00 FEET: THENCE ALONG SAID SOUTHERN RIGHT OF WAYS. 81 DEGREES 44' 54" E. 131.60 FEET:
THENCE ALONG SAID SOUTHERN RIGHT OF WAY S. 28 DEGREES 19' 11" E. 39.60FEETTO THE WESTERN RIGHT OF WAY OF HIGHWAY 133: THENCE ALONG SAID WESTERN RIGHT OF WAY S. 00 DEGREES 10"24" E. 153.10
FEET: THENCE ALONG SAID WESTERN RIGHT OF WAYS. 01 DEGREES 10' 24" E. 90.80 FEET TO THE COMMON SOUTH LINE OF SAID LOT 9 AND Nl/2El/4 SAID SECTION 28: THENCE LEAVING SAID WESTERN RIGHT
OF WAY ALONG SOUTH LINEN. 89 DEGREES 09' 40" W. 951.74FEET TO THE NORTHERN RIGHT OF WAY OF SAID RAILROAD: THENCE ALONG SAID NORTHERLY RIGHT OF WAY N. 22 DEGREES 44' 24" W. 350.35 FEET
TO THE EAST LINE OF THE TOWNSITE OF COPPERTON: THENCE LEAVING SAID NORTHERN RIGHT OF WAY ALONG SAID EAST LINEN. 00 DEGREES38" 00" E. 31.27 FEET TO THE NORTH LINE OF SAID TOWNSITE OF
COOPERETON: THENCE ALONG SAID NORTH LINEN. 89 DEGREES 22' 00" W. 13.52 FEET TO THE NORTHERN RIGHT OF WAY OF SAID RAILROAD: THENCE LEAVING SAID NORTH COOPER TON LINE ALONG NORTHERN RIGHT
OF WAY N. 22 DEGREES 44' 24" W. 14.66 FEET: THENCE ALONG SAID NORTHERN RIGHT OF WAY ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF673.69FEET AND DELTA ANGLE OF 26 DEG-56' 00" (CHORD BEARINGN.
36 DEGREES 12' 24" W. 313.78 FEET). A DISTANCE OF 316.69 FEET: THENCE ALONG SAID NORTHERN RIGHT OF WAY ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 1532.69 FEET AND A DELTA ANGLE OF
1 DEGREE 27' 56" (CHORD BEARING N. 50 DEGREES 24' 52"W. 39.20 FEET). A DISTANCE OF 39.20 FEET TO THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY 82 AND THE POINT OF BEGINNING EXCEPT THAT PORTION
CONVEYED TO THE CARBONDALE SANITATION DISTRICT DESCRIBED IN DEED RECORED IN BOOK 745 AT PAGE 691 AS RECEPTION NO. 397546. COUNTY OF GARFIELD STATE OF COLORADO Assessor's Parcel Number:
2393-284-00-015 2
Existing Use: The property has been used as a RV Park/campground since at least 1980. Prior to the RV Park, the site was a corral with a ditch running through it (1964). The Division
of Wildlife (DOW) fishing access and boat launch facility have been leased lower 3.50 acres for a fishermens's access and boat launch. The property is populated with a 1,816 sq. ft.
single family home; 32 RV sites with a bath house and laundry facility. DOW has maintained a Conservation and Access Easement on the property. Property Size: 7. 7 4 acres Zone District:
PUD Narrative: Summary-The Town of Carbondale closed on the sale of the 7.74 acre Sopris RV Park on December 23, 2010. The land was purchased with funding from a GOCO Grant; DOW Grant;
Garfield County donation; and, local funding. The Town purchased the parcel to acquire additional property along the Roaring Fork River that will become the Gateway River Park. The Town
also owns land on the northeast side of SH 133, south of SH 82 and a parcel of land on the southeast side of the Roaring Fork River and SH 133. These parcels of land, along with the
Sopris RV Park, will be combined and connected with pedestrian trails and a pedestrian bridge crossing the river to become the Gateway River Park. The creation of the Park will provide
access to large areas of Division of Wildlife fisherman's access easements. The Town's proposed plan is consistent with the following Goals and Policies of the Garfield County Comprehensive
Plan 2030. Section 4-Economics, Employment and Tourism number 6 under Policies state: "The County recognizes that the tourism industry is an important part of the regional economy and
the County recognizes that the tourism industry is enhance by (1) open space and scenic vistas (2) public trails and other recreational opportunities (3) Public access to public lands
(4) a healthy environment and habitats for hunting and fishing (5) green belts and open areas between communities (6) clean air and water(&) local foods and local produce." Section 5-Recreation,
Open Space and Trails under Goals, number 3; "Provide opportunities for the tourism industry to utilize recreational resources as well as to preserve recreation resources for local access.
Number 4; support the development of a continuous trail system within Garfield County and along both major river corridors." Section 5 -Policies, number 4, "Propose development adjacent
to streams/rivers with rafting or fishing potential are encouraged to dedicate easements for public access to these areas, where compatible with wildlife." Sopris RV Park History -In
1988, Mr. Patrick Groom made an application to the Board of County Commissioners for approval of the Sopris RV Park Planned Unit Development Rezoning. Based upon the evidence, sworn
testimony, exhibits, study of the Comprehensive Plan and comments from the Garfield Planning Department, the Garfield Planning Commission found the application, "is in general conformity
with the Comprehensive Plan for Garfield County, 3
Colorado, and does meet all requirements of the Zoning Resolution of Garfield County and, further, that the requested Planned Unit Development is suitable and appropriate for the subject
property." The Board of County Commissioners approved Resolution No. 88-045 (see Attachment "A") for the Sopris RV Park Planed Unit Development rezoning with the following conditions:
A. That prior to final approval of the PUD, the following changes or documents be submitted to the County Planning Department: (I) Colorado Department of Health approve the water and
sewage disposal plan; (2) A signed Private Way License from D & RGW; (3) Approved well permit and Basalt Water Conservancy District Contract. B. That prior to leasing any space in the
RV Park, an approved and complete landscape plan shall be reviewed and approved by the Colorado Department of Highways; or landscaping on site, and reviewed by the Carbondale Planning
Commission. Resolution No. 88-045 Planned Unit Development approved a total of 32 RV/tent spaces, with water and sewer available to 13 spaces and the remaining 19 spaces would have water
service on! y. In 1994, Mr. Stanley and Valerie Koziel, the new owners of Sopris RV Park, continued to operate the RV Park in the same fashion as the previous owner. As a result of a
visual inspection of the RV Park by Garfield County, it was determined that there were 40 RV's in the facility. The new owners were found to be in violation of Resolution No. 88-045
after it was determined that the ISDS had been illegally hooked up to more than the approved 13 spaces. The new owners agreed to remove tlte illegal RV's and additional spaces to conform
to the original PUD approved 32 spaces, and increase the number of spaces having full water and sewer service to 27 spaces. The Koziel's hired an engineer to design a new ISDS that would
support the additional RV spaces. An application was made to Garfield County Planning Commission to amend the approval given for the Sopris RV Park PUD by Resolution 88-045. The applicants
proposed to amend the PUD plan to allow 27 spaces to have water and sewer service, along with the manager's and caretaker's residence (see Attachment "B" December 21, 1994 letter and
application to Mark Bean -GAR CO application/engineers letter). A hearing was held before the Garfield County Planning Commission on July 17, 1995 (see Attachment "C" Project Information
and Staff Comments for the 1995 Commission meeting). The Planning Commission determined the application was complete and all pertinent issues were addressed; the proposed text amendments
met the provisions of the Zoning Resolution; the proposed PUD amendment was generally consistent with the Comprehensive Plan; and, the proposed zone district text amendments were in
the best 4
interest of the health, safety, morals, order convenience, prosperity and welfare of the citizens of Garfield County. The Planning Commission recommended approval to a zone change amendment
to Resolution 88-045, subject to the following conditions of approval: 1. That all representations of the applicant shall be considered conditions of approval, unless approved otherwise
by the Board of County Commissioners. 2. That the applicant installs the proposed individual sewage disposal systems as proposed and that the applicant's engineer certifies that the
systems have been installed as designed and are connected to a maximum 27 RV spaces. 3. That the applicant will submit a list of the license plate numbers and registration state for
each R V in the park, every 3 months, to the Planning Department and insure that no RV stays in the park for more than 8 months in any calendar year. Futther, that the applicant will
allow the Planning Department to audit the registration records of the park at any time, with no advanced notice. 4. That the applicant will comply with all conditions of approval and
the provisions of the PUD zoning contained in Resolution 88-045. 5. That the applicant will be required to reestablish the landscaping plan and to maintain the landscaping and that the
landscaping be guaranteed to survive or to replace the material that dies. 6. That the applicant obtains either a letter of approval from the Colorado Department of Health for the proposed
ISDS or a statement that the Colorado Department of Health has no jurisdiction over the proposed method of sewage disposal. A hearing was held on October 8, 1995, before the Board of
County Commissioners to discuss the application to zone change amendment to Resolution 88-045 that would require the applicant to install an additional ISDS and provide water and sewer
service to no more than 27 RV sites. The Board of County Commissioners approved the request for modification with one additional condition: 1. At such time that a sewer line is available
on the same side of the river, if one or both ISDS fail, the RV Park will connect to the Carbondale sewage treatment plant, if available to the site. See Attachment "D" (Resolution 95-080).
In July of 2005, the Koziel's hired the engineering firm of Schmueser Gordon Meyer to evaluate problems they were experiencing with the new ISDS. It was determined that the original
system was not properly installed and the RV Park was also using more water than the system could handle. On September 1, 2005, an application for a Construction Permit was applied for.
The ISDS was repaired in-place, see attachment "E". 5
Gateway River Park History -The Town of Carbondale began looking at the Roaring Fork River along the SH 133 Bridge adjacent to SH 82 in earnest in about 200 I. A Gateway River Park citizens
group began having community meetings to discuss the future of this section of river. In 2002/2003, the Gateway Park Task Force was formed to serve as a sounding board for the project,
provide general guidance throughout the process and to assist with public information. A consulting team comprised of Western Slope Consulting, DHM Design, Inc. and Recreation Engineering
and Planning, was brought on-board. The first task for the consulting team was to collect data for the study area and assemble a series of maps showing property ownership, topography,
study area, physical features and other pertinent information. A series of one-on-one stakeholder interviews were conducted with study area landowners and affected agencies. Over thirty
interviews were conducted and included the following: Garfield County Planning, County Engineer, Colorado Department of Public Health, Colorado Division of Wildlife, private landowners,
Red Hill Council, members of the angling community, BLM, Colorado Rocky Mountain School Colorado Department of Transportation, on-and-on-and-on. Additionally, the community was invited
to a river corridor site tour and a series of meetings at the Days Inn, Carbondale Town Hall and Sopris Park. The final repott was presented to the Carbondale Parks and Recreation Commission
meeting on October 15, and Board of Trustees on October 28, 2003. The Final Report; Feasibility & Conceptual Design for the Carbondale Gateway River Park are provided as Attachment "F".
Over the next several years, the Carbondale Board of Trustees started hearing discord from the community with The Final Report for Gateway River Park. Numerous people in the community,
especially fishermen and commercial boaters, complained that the Final Report centers on a white water park that was proposed to be located above and adjacent to the Division of Wildlife
boating ramp and fisherman's access easement. In 2005 the Mayor and Board of Trustees appointed the Gateway Task Force to evaluate the following: I. The possibility of locating one or
more of the whitewater drop structures downstream of the SH 133 Bridge. 2. Options for relocating the boat ramp to minimize potential user conflicts between float fishermen, rafters
and kayakers. 3. Possible trail access and alignments on the north and south river banks. 4. Evaluation of other issues associated with developing the primary focus of Gateway Park downstream
of the SH 133 Bridge and upstream of the RFT A Railroad Bridge. 6
The Findings of the Gateway Task Force outlined several problem areas that the Town would have to deal with in constructing the Gateway River Park. Most of the problem areas outlined
conflicts between fishermen, commercial boaters and white water park people (See Attachment "G" Finding of the Gateway Task Force). 1. The Findings stated the Town would need to acquire
land that belonged to Mr. Soderberg on the north east side of the Roaring Fork River upstream to SH 133 Bridge to build a river front park with a small fishing pond for children; purchase
land owned by Mr. Gianinetti on the north east side of the river to maintain a natural appearing entrance to Carbondale; purchase land owned by Mr. Fattor, north of the Red Rock Diner,
to maintain pedestrian access and future vehicle parking; purchase the Koziel parcel to guarantee access to the river and create additional land for public parking. 2. The Findings outline
problems associated with constructing a pedestrian bridge on the downstream side of SH 133. 3. The south river bank is not conducive for pedestrian access due to steep banks and poor
access. 4. The Findings recommend that an additional boat ramp needed to be constructed 150 -17 5 feet down stream in an attempt to separate kayakers/tubers from dory and raft launching.
5. The Findings recommended moving the white water structures further down stream from SH 133 Bridge. All of these findings appear to be counter-productive to creating the Gateway River
Park. Negotiating the Purchase of the Koziel Parcel The Town began actively pursuing the purchase of the Sopris RV Park in November of 2007 when GOCO announced Carbondale as a recipient
of a $1,000,000.00 grant. Garfield County came on-board with a $100,000.00 donation for the purchase of the property. The Town of Carbondale contributed $500,000.00 toward the purchase.
The Division of Wildlife (DOW) joined the team by purchasing Conservation and Access Easements on the Sopris RV Park. The purchase price for the 2 easements was $950,000.00 (see attached
DOW Conservation and Access Easements -Attachment "H"). DOW Conservation and Access Easements The Conservation Easement runs with the land in perpetuity. The Conservation Easement is
in place to retain and maintain land, water, air space, or water rights, predominately in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, recreational,
forest, or other use or condition consistent with the protection of open space, environmental quality or life-sustaining ecological diversity. The Conservation Easement somewhat limits
the Town's ability to use the land. The lower bench of the parcel contains the boat launch and fisherman's access to the river. Any use other than launching boats and accessing the river
for fishing must be approved by the DOW. The upper bench contains the Sopris RV Park. The Town is restricted to the historical use of the upper bench. 7
The DOW Access Easement grants, transfers, and conveys to the Division of Wildlife the right to access across the property as set forth in the Access Easement documents in perpetuity
and therefore to regulate or prohibit any uses that would diminish or impair access to the property. RFTA Public Access Road License Agreement On December 23, 2010, The Roaring Fork
Transportation Authority (RFT A) granted a License for a non-exclusive public access road within RFT A's Railroad Corridor. The Access Road is described as follows: A 40 feet wide public
roadway encroaching on Licensor's right-of-way of the Aspen Branch between Mile Post 371 plus 2,375 feet and Mile Post 371 plus 3, 725 feet near Carbondale, Colorado in Garfield County,
being within the South Half of Section 28, Township 7 South, Range 88 West of the 61h P.M. (see attachment "I"). Garfield County Intergovernmental Agreement On December 14, 2010, the
Town of Carbondale signed an Intergovernmental Agreement (IGA) with Garfield County. Parties to the IGA are authorized to provide for joint funding and to cooperate in the development
of the Gateway River Park. Both the Town of Carbondale and Garfield County agree that the Gateway River Park will provide river access, a boat ramp, open space, and other recreational
amenities for citizens of Carbondale, Garfield County, and the region (see Attachment "J"). The Town of Carbondale has the following responsibilities: 1. Coordinate the funding for land
acquisition, including all grant applications and completing negotiations with the owners of the 7.53 acre access to the Roaring Fork River. 2. Function as the contracting and fiscal
authority for the Gateway River Access Park, consistent with Carbondale's ownership responsibilities, including entering into and closing a contract to purchase the land and finalizing
all River access documents with DOW. 3. Provide Garfield County with information needed for a wire transfer of Garfield County's committed funds. 4. Make an official submission to the
Garfield Planning Commission through the Garfield County Building and Planning Director, to schedule a "Location and Extent Review" under terms of C.R.S. § 30-28-110, as amended, including
information on, among other things, the alternate plans to State Highway 133. If such review has not occun·ed prior to March 31, 2011, this IGA shall be of no further legal effect and
Carbondale shall return Garfield County's contributed funds. 5. Process and obtain land use permits needed, if any, under the Garfield County Unified Land Use Resolution of 2008, as
amended. 6. Process and obtain any needed federal, state and other local permits. 7. Keep records of its expenditures showing the funds spent under this IGA for a minimum of three (3)
years following the completion of the Project 8
Environmental Assessment Phase I and Limited Phase II An Environmental Assessment Phase I and Partial Assessment Phase II were performed on the Koziel property at the request of the
Town of Carbondale, Colorado Division of Wildlife and Garfield County and GOCO. The Phase I Environmental Site Assessment (ESA) was performed on August 25, 2010 and the partial Phase
II was performed on September 9, 2010. The Phase I ESA did not provide evidence of recognized environmental conditions. The partial Phase II ESA did not reveal petroleum hydrocarbons
or potentially hazardous materials. Attachment "K" contains the Phase I Environmental Site Assessment and the Limited Phase II Environmental Assessment. Potable Water System The Town
of Carbondale closed on the sale of the Sopris RV Park on December 23, 2010. On January 17, 2011, the Town registered the potable water system with the Colorado Department of Public
Health and Environment/Water Quality Control Division Drinking Water Compliance Assurance Unit. The PWSID #is C00223717 and is registered as the Sopris RV Park. The water system is classified
as a "transient" system. Historically, the well water was filtered and disinfected with UV light. The Town will be replacing the filter with a reduced micron filtration capacity. The
UV disinfection unit is being replaced with a chlorination disinfection system to insure the drinking water will have residual disinfection levels to meet Safe Drinking Water Standards.
Owner/Legal Entity Contact: Town of Carbondale, 511 Colorado Ave. 81623 Administrative Contact: Mark O'Meara, Utilities Director Town of Carbondale Emergency Contact: Operator in Responsible
Charge: Future Plans Larry Ballenger, Public Works Director Town of Carbondale Dennis Cooley, Water Treatment Plant Operator Town of Carbondale Water Treatment Certification# 10094,
Level "A" The Town of Carbondale is submitting a GOCO Planning Grant application in March of 2011 to develop a site plan for the property. The Town will provide matching funds for the
grant and hire a professional Planning Consultant/Facilitator to begin a public review process on how the Sopris RV Park should be developed in the future. The Sopris RV Park is located
on the upper bench of the parcel. The upper parcel is estimated to be 4.03 acres in size. The RV Park has been configured to allow the maximum number of RV spaces. To create a more pleasant
camping experience, the density has to be lowered to allow sufficient room spacing between the RV sites. There needs to be room for a picnic table and a Forest Service style fire ring/with
BBQ grate at each site. Other improvements needed for the upper parcel are as follows: 8. The water system needs to be pressure tested, disinfected and flushed 9. The electrical system
needs to be inspected by a licensed electrician. 10. The water, sewer and electric systems must be physically located and mapped. We need to insure proper separation between potable
water and sewer lines. 9
II. The bathrooms, showers and laundry facilities need to be upgraded to meet ADA standards. A coin operated washer and dryer needs to be installed in the laundry facility. The electric
baseboard heating units in the bath house needs to be replaced with an energy efficient heating system. 12. The entry road needs to have the potholes filled and a chip and seal surface
applied this spring. 13. The area lighting needs to be upgraded to Night Sky Friendly LED heads. The lower parcel contains approximately 3.5 acres and has been historically leased by
the Division of Wildlife and used exclusively as a boat launch and fishermen's access to the river. The lower parcel, or the boat launch facility, had several standing dead trees and
approximately 4 -5 previously felled trees. The trees have been removed from the site for public safety. Other needs of the lower bench are as follows: I. The boat launch ramp needs
to be widened to allow more than I boat at a time to be launched. 2. The parking lot needs to be organized for maximum vehicle and trailer parking. 3. The lot needs to be properly grade
to promote drainage. Road base or%" rock needs to be place on the access road and parking areas. 4. An area of the parking lot needs to be designated as a "Boat Prep Area." Currently,
some boaters are backing their boats onto the launch area and prep them for launch thus preventing launch ready boats from gaining access to the boat ramp. 5. The access road leading
down to the lower parcel needs to be widened to accommodate 2-way traffic. This will require the construction of a retaining wall on one side of the road. 6. Proper signage needs to
be placed on the site. 7. The lower bench needs to be landscaped with new trees, picnic tables and a shade structure. 10