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Home My WebLink About5.0 BOCC Staff Report 11.05.2012Exhibits — Thomas Tompkins, Contractor's Yard — Time Extension (MIPA 6727) BOCC Public Meeting (11/05/2012) A Garfield County Unified Land Use Resolution of 2008, as amended B C Garfield County Comprehensive Plan of 2030 Staff Memorandum D Letter requesting a time extension from Colorado River Engineering, dated October 24, 2012 E Resolution 201 1 - 74 Appi'ouei -3---0 Ai ,ecvli 14-1 :9 BOCC November 5, 2012 MOL PROJECT INFORMATION AND STAFF COMMENTS REQUEST Time Extension for the Major Impact Review for Contractor's Yard (MIPA 6727) APPLICANT / OWNER Thomas Tompkins REPRESENTATIVE Greg Shaner, Colorado River Engineering, Inc. LOCATION 0998 County Road 309 (CR 309) PROPERTY SIZE /SITE AREA: 35 acres 17.23 acres ACCESS County Road 309 EXISTING ZONING Rural 1. GENERAL PROJECT DESCRIPTION Request In a letter dated October 24, 2012 (Exhibit D), the Applicant requests a one -year extension to complete the conditions of approval as documented in Resolution 2011 -74 (Exhibit E). Due to the economic downturn to the oil and gas industry, the Applicant has not been able to complete all of the conditions of approval within the given one year time period. Additional time is necessary to complete several conditions of approval this fall and implement the landscaping this coming spring. Project Background The Board of County Commissioners approved this application on November 14, 2011 with conditions of approval, II. SITE DESCRIPTION The Contractor's Yard is located at 0998 County Road 309. III. REVIEW STANDARDS AND STAFF COMMENTS The Board of County Commissioners has the authority under Section 4 -101 of the Unified Land Use Resolution of 2008, as amended (ULUR) to grant time extension requests. This section of the ULUR is as follows: Section 4 -101 (1) (3) Extension of Approval. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the BOCC prior to the expiration of the current approval. IV. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request from Applicant for a time extension of one year for the Contractor's Yard located on a 35 acre parcel located at 0998 County Road 309. V. RECOMMENDED FINDINGS 1. Proper notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting 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. The above stated and other reasons, the Applicant has demonstrated that the one year time extension to complete the conditions of approval plan is necessary because original conditions of approval cannot be met within the existing timeframe. 2 E N G I N E E R I N G COLORADO RIVER INCORPORATED October 24, 2012 Molly Orkild- Larson Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Tom Tompkins /TLT Services -- Conditions of Approval Extension Request Dear Molly: EXHIBIT Colorado River Engineering, Inc. has been in communication with our Client Tom Tompkins of TLT Services, who is formally requesting a 1 -year extension for the completion of his Conditions of Approval of his Small Contractor Yard entitlement. Due to the economic downturn in the valley relating to the oil & gas industry, Mr. Tompkins has been unable to advance the completion of the Conditions of Approval in their entirety. It is expected that several of the conditions will be completed this fall and landscape construction can commence in the spring. We look forward to working with you on this. If you have any questions, please do not hesitate to call 970 - 625- 4933x118. Sincerely, Gregory G. Shaner, PE Principal Engineer 11 P.O. I3ox 1301 • Rifle, CO 81650 • Tel. 970 -625 -4933 • Fax 970 -625 -4564 111 1141171111arAliNIII41, Willible,WWITITli )Ih 111!1 Reception #: 811707 12/07/2011 11:14 :02 AM Jean Alberlco 1 of 0 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) EXHIBIT 1 ___E____ At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Town Hall of the Town of Carbondale, on Monday, the 14th day of November A.D. 2011, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner (absent) Tom Jankovsky , Commissioner Andrew Gorgey , County Attorney Carey Gagnon , Assistant County Attorney Jean Alberico , Clerk of the Board Fd Green , County Manager (absent) when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011- 7/ A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, MIPA 6727, FOR A CONTRACTOR'S YARD, LOCATED AT 0998 COUNTY ROAD 309, AND ADJACENT TO BATTLEMENT MESA PUD, AND OWNED BY THOMAS TOMPKINS PARCEL NO. 2407 - 054 -00 -085 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from Thomas Tompkins (the "Applicant') for a Land Use Change Permit for a Contractor's Yard as shown in the Grading /Erosion & Sediment Control Plan, Sheet 4 attached as Exhibit A. B. The 7.23 -acre site, described in Exhibit B, is located at 0998 County Road 309, adjacent to Battlement Mesa Planned Unit Development, and is within property owned by Thomas Tompkins. C. The 7.23 -acre site is located within the parcel described in a Warranty Deed, Reception # 731080, recorded at the Garfield County Clerk and Recorder's Office. 1 Cr ■Ill i 'e diN1 '�Iif�� i614410:14101114 11111 RecepUion #' 811707 12/07/2011 11:14:02 AM Jean Aiberioo 2 of B Rac Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. The subject property is located within the Rural zone district and a Land Use Change Permit for a Contractor's Yard requires approval through a Major Impact Review Process. E. The Board of County Commissioners is authorized to approve, approve with conditions, or deny a Land Use Change Permit for a Contractor's Yard pursuant to Sections 1- 301 and 4 -106 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Garfield County Planning Commission opened a public hearing on September 28, 2011, upon the question of whether the Land Use Change Permit application for a Contractor's Yard should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Garfield County Planning Commission closed the public hearing on September 28, 2011, and forwarded a recommendation of approval with conditions to the Board of County Commissioners. H. The Board of County Commissioners opened a public hearing on November 14, 2011, upon the question of whether the Land Use Change Permit application for a Contractor's Yard should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. I. The Board of County Commissioners closed the public hearing on November 14, 2011, to make a final decision. J. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing has made the following determinations of fact: 1. That the public hearing before the Planning Commission and Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings, 2. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use. Resolution of 2008, as amended. 2 111111411Aral W Ii lik lfi9CliiIrl Cl 141111111 Reception #: 811707 12107/2011 11:14:02 AM Jean Alberioo 3 of 0 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. That all representations made by the Applicant in the application, and at the public hearings, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitute a public nuisance or hazard. 4. Volume and sound generated shall comply with the standards set forth for residential in Colorado Revised Statute §25 -12 -103. 5. Storage of flammable material shall be conducted so as to meet all applicable local, State, and . Federal regulations, and shall utilize the practices identified in the Stormwater Management Plan. 6. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 7. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway and storage areas at an acceptable level. 8. Employees shall not be permitted on-site at the Contractor's Yard except for the limited purpose of picking up and delivering materials or equipment. However, in the future, when employees are needed, the Applicant will need to amend the Land Use Change Permit to allow employees to work on -site and address the associated impacts of having these employees such as providing sufficient legal and physical water, and wastewater system (Individual Septic Disposal System), traffic, etc." 9. No employees shall work at the Contractor's Yard full -time but pickup and delivery of materials are permitted. However, in the future, when employees are needed, the Applicant will need to amend the Land Use Change Permit to allow employees to work on -site and address the associated impacts of having these employees such as providing sufficient legal and physical water, and wastewater system (Individual Septic Disposal System), traffic, etc. 10. The Applicant shall obtain a Certificate of Occupancy for the "garage /mechanic shop" 3 11111 Vill11117i1111ii 111Aline! tile) l i 11 11 1 Reception #: 811707 12!0712011 11:14:02 AM Jean A1kseriaa 4 of 8 Rao Fee:$0.00 Doo Fee,0.00 GARFIELD COUNTY CO identified in Building Permit BP- 11135, within 30 days after receiving the Land Use Change Permit for the Contractor's Yard. 11. The building permit for the "garage /mechanics shop" is for a "Shop, Garage, and Storage" and accessory to the existing residence on the property. This permit shall be amended if this structure is to be used as a commercial building. 12. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide a copy of the Driveway Access Permit for the Contractor's Yard driveway to the Garfield County Planning Department for review. 13. The Applicant shall implement the following Colorado Division of Wildlife (CDOW) and "Potential Mitigation Measures" identified in the Wildlife and Vegetation Assessment TLT Contractors Yard - Battlement Mesa prepared by Environmental Solutions, Inc. (dated June 2010). • Make a good faith effort to construct facilities and infrastructure outside the time period from December 1 through March 15; • Utilize wildlife friendly fencing to allow safe passage of animals through the property; or utilize a minimum seven foot fencing (solid or mesh to exclude wildlife from areas); • Implement a Weed Management Plan for the entire seven acre subject site; • Utilize bear proof trash cans and dumpsters outside the garage /mechanic shop; • Restore appropriate sagebrush species or subspecies on disturbed or restoration areas; avoid aggressive non -grass grasses and shrubs; • Minimize night lighting — use full cutoff lighting or timers to eliminate night lighting outside or hours of occupied operations; and, • Minimize the loss of vegetation and soil erosion adjacent to areas around the Contractor's Yard. 14. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain a Watershed Permit and submit it to the Garfield County Planning Department for review. 15. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a plant list identifying the scientific and common names of the plant species for the Native Grass/Wildflower seed mix. This information shall be submitted to the Garfield County Planning Department for review. 16. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the total surface area to be disturbed by the berm around the Contractor's Yard and submit this information to the Garfield County Planning Department. Once this information is provided, a revegetation security shall be calculated. 4 � l ri lCiArhiiii frit IiiiklaliNriCIA 11111 Reception#: 81.1707 12/07/2011 11:14:02 AM Jean A14erioo 5 of 0 Rao Fee :S0.00 Doc Fee:0.00 GARFIELD COUNTY CO 17. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a revegetation security to the Garfield County Planning Department. 18. The Applicant shall be responsible for watering the proposed landscape. 19. Prior to the issuance of the Land Use Change Permit, the Applicant shall revise the Grading/Erosion and Sediment Control Plan to show the locations of, the water tank for irrigating the landscape, and the fuel tanks. This revised plan shall be submitted to the Garfield County PIanning Department for review. 20. Prior to any construction and grading on -site, the Applicant shall provide a Stormwater Permit to the Garfield County Planning Department for review. 21. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide drainage calculations supporting the Contractor's Yard to the Garfield County Planning Department for review. 22. Prior to the issuance of a Land Use Change Permit, vehicles, machinery and equipment for water haulers and produced water storage shall be removed. r� Dated this to ' day of *- -w � - , A.D. 20 II . ATTEST: i erk of the Board of County Co hairman GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, ARFI D CO TY, COLORADO Upon motion duly made and seconded the foregoing. Re •lutio,- s adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO ) )ss County of Garfield ) , Aye Absent , Aye County Clerk and ex- officio Clerk of the Board of 5 IN FA IrJ'��i � rl�l��l�i li11,14113 WWW14111 E111 Reception#: 811707 62of782Reo Fee1$0 00 Doc, Fee :0.00rGARFIELD COUNTY CO County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex- officio Clerk of the Board of County Commissioners 6 ■III Illyar•RIP FIFIV Ifr lut i'`i"'1ii111101 '11I rlllf',1 I!I Reception #: 811707 72of�8Ren Fee :$0.00RDon Fee.0.00rGRRFIELD COUNTY CO 1 ! 5 54 55 5 �7 4. 1 5 55 55 4•• a 829 &y! tal.Mars m 1 1 1 1 k tl Y 9 R 12 9 9 a a 9 9 9 9 ,noommantetalol ee 8 a ^�ohaav+m 0 if �€N $iii H111[111111 111111 "111 111 - 1 °1 u»i ri Phd re milli liraniormok ki. so' Recept ion# : 811707 1210712011 11:14:02 AM Jean Alberico 8 of 8 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit B Contactor's Yard Legal Description A Parcel of Land Situated in the SY: of the SE% SEX NEY and the E' SY,, of the SE% SE% NW% of Section 5, Township 7 South, Range 95 West of the Sixth P.M., more particularly described as follows: Beginning at the Southeast Corner of Section 5; thence IJ34 °44'09"W for a distance of 1197.27' to the POINT OF BEGINNING; thence N88 °57'51 "W for a distance of 240.00'; thence S01 °02'09 "W for a distance of 350.00'; thence S88 °57'51 "E fora distance of 900.00'; thence N01 °02'09 "E for a distance of 350.00'; thence N88 °57'51 "W for a distance of 660.00' to the POINT OF BEGINNING; County of Garfield, State of Colorado Approximately 7.23 acres in size,