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HomeMy WebLinkAbout2.0 BOCC Staff Report 07.07.2003EXHIBITS CAPITAL CONSTRUCTION, LLC. SPECIAL USE PERMIT Board of County Commissioners — July 7, 2003 Exhibit A: Proof of Certified Mailing Receipts Exhibit B: Proof of Publication Exhibit C: Garfield County Zoning Regulations of 1978, as amended Exhibit D: Garfield County Comprehensive Plan of 2000, as amended Exhibit E: Staff Report dated July 7, 2003 Exhibit F: Application Materials Exhibit G: Copy of Garfield County Individual Sewage Disposal Permit issued June 23, 1993. Exhibit H: Copy of Garfield County Residential Property Appraisal Record for the subject property. Exhibit I: Comments Bobby Branham, Garfield County Road and Bridge Department, dated June 24, 2003 Exhibit J: Copies of the Special Use Permit documents for Pine's Stone Yard (including Resolution No. 91-078, staff memorandum dated August 10, 1992, written correspondence from January 14, 1992 to April 11, 1994) Exhibit K: Comments from Steve Anthony, Garfield County Vegetation Director, dated June 26, 2003. PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Special Use Permit ("SUP") SUMMARY OF REQUEST: BOARD: 7/7/03 TP The Applicant requests a SUP for an office, plumbing material storage and warehouse, and associated vehicle parking. APPLICANT/PROPERTY OWNER: Capital Construction, LLC. LOCATION: The subject property is located at 0566 County Road 113, Carbondale; approximately %2 mile from the intersection of Highway 82 and CR 113. SITE INFORMATION: 2.899 acres WATER: Well SEWER: Individual Sewage Disposal System ACCESS: Existing driveway off of County Road 113 EXISTING ZONING: A/R/RD (Agricultural / Residential / Rural Density) ADJACENT ZONING: A/R/RD I. DESCRIPTION OF THE PROPOSAL: A. Summary of Request: The Applicant requests approval to construct a 12,000 sq. ft. structure for the purpose of storing pipes, fittings, and an assortment of plumbing fixtures that require an enclosed and conditioned space. In addition, the Applicant requests approval for an associated office. B. Project Description: The Applicant has been in business in the Aspen area for over 20 years and has indicated that they have established a reputation for being very organized, clean and professional. The Applicant currently occupies space rented from Rudd Construction adjacent to Highway 82 at the County Road 154 stop light. Currently, the Applicant utilizes 7,000 sq. ft. of interior space with parking for 6 GMC 4x4 -plumbing vehicles. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 2 Approximately, 7,000 sq. ft of the 12,000 sq. ft. structure will be warehouse space and 5,000 sq. ft. of the structure will be used for future office space. The Applicant provided floor plans with the application that illustrates the anticipated office space and the warehouse space. The Applicant asserted that the proposed structure will be designed with a residential flair using natural finishes such as rusty metal roofing, rough sawn beams, porches, split rail fencing and neutral colors for the siding. The Applicant provided with the application elevation plans for the proposed structure. The Applicant noted that the 5,000 sq. ft. office space has been dictated by the requirements of the warehouse. There was an attempt by the Applicant to create a smaller footprint on the main level by introducing a front porch and rear deck, which resulted in 2,000 sq. ft. less than the lower level. The Applicant anticipates that if the zoning changes for the entire area, there may be an interest in leasing some of the office space in the future if allowed. Currently, in a non-commercial zone district, leasing of property creates separate interests and would create a commercial subdivision [section 2.20.48 of the Subdivision Regulations]. The Applicant proposes to completely finish the exterior of the building including all landscaping by December of 2003. It is anticipated that the interior office space will be completed in 2004. Hours of operation are 6:30 am to 5:00 pm, Monday through Thursday. UPS will deliver to the site daily around noon. There will be deliveries received from Denver on Tuesday and Thursday at 10:00 am, with two and a half ton delivery trucks. No semi truck deliveries will be made to the site. All large items, from R.A.C. or comparable companies, are shipped directly to the job sites. There are three (3) office personnel on-site. It is staffs assumption that there are 6 field personnel that will travel to the site to pick up company trucks at the beginning of the day and return them at the end of the day. This has not been verified. Proposed employee parking will be located between the proposed structure and CR 113. The six (6) company trucks will be parked on the lower level. Permanent electric service is currently supplied to the property and plans are to remove the poles and bury the service underground. The Applicant indicated that there will be no retail traffic to the site. Virtually all of the clientele and contractors are from Aspen and do not visit the office. Sales personnel visits to the site will be discouraged. The Applicant does not anticipate the business to increase in size. The Applicant has indicated that they have produced the same volume of business for many years and are comfortable where they are in the construction market. The goal is to get out of the high rents and utilities and own. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 3 The property contains two existing residential units on site. The Applicant is proposing to utilize these structures as employee housing. The main log house has been on the property for over 40 years. There is no building permit for this structure, however, it was probably built prior to issuance of building permits in the County. The smaller residential structure was a barn/shed that was illegally converted to a residence in the 1980s. The Applicant noted that this information was not disclosed at the time the property was purchased last year. The Applicant will rectify the illegality of this structure, however, they would prefer to retain it for employee housing. The subject property contains approximately 2.899 acres. In order to receive Special Use Permit approval for an Accessory Dwelling Unit a minimum of 4 acres is required [section 5.03.21 of the Zoning Resolution]. Therefore, the illegal residents with either have to be removed or rendered a non - habitable structure. C. Site Description: The property has two very distinct benches. The site plans submitted with the application does not provide topography, however, the top bench consists of a number of outbuildings, a single family residence and a corral. The lower bench consists of the second illegal residential unit and an outbuilding. The property boundary is defined by an existing fence. View of proposed employee parking area from CR 113 Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 4 View of proposed building site on lower bench The Applicant provided a subsoil study / report conducted by Hepworth Pawlak Geotechnical, Inc. (HP GeoTech) dated September 27, 2002 (Job No. 102 605). HP GeoTech indicated that "the proposed commercial building can be founded on spread footings placed on the natural subsoils and designed for an allowable bearing pressure of 1,500 psf. An alternative would be to over excavate to the sandy gravel and re-establish the footing grade with granular structural fill. Footings placed on the structural fill can be designed to impose a maximum bearing pressure of 3,000 psf." The report, which was not submitted in its entirety with the application, summarizes HP GeoTech's findings and presented their recommendations. D. Zoning: The subject property is zoned A/R/RD (Agricultural / Residential /Rural Density). The type of use requested, as part of this application, to some extent falls under the definition of "Storage" which is a Special Use in the A/R/RD zone district. "Storage" is defined as the " "act of storing or state of being stored, specifically, the safe keeping of goods in a warehouse or other depository", examples include products and open storage of mineral storage piles of gravel, ore and shale. " " There are no provisions for offices in any of the Zone Districts, however, it has been the policy of the County to allow as least one office as requested, however, there is no criteria as to the size limitation of an office. The CR 113 area, from approximately a one and a half mile up from the intersection of CR 113 and Highway 82, has been changing over the years with the beginning of the salvage yard as discussed further in the memorandum. There are a variety of special uses that operate along the CR 113 corridor. In 1992, the County granted a Special Use Permit to Pine's Stone Yard on the property to the east of the subject property (see Exhibits J). The SUP granted to Pine Stone Yard allowed for the "processing, storage, and material handling of natural resources". There is an associated office with the use. No retail sales shall occur on site, only wholesale. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 5 To the west of the subject property, is a legally non -conforming salvage yard which has existed on the property since 1967. Currently, the property owner is pursuing a Zone Amendment, to change the zoning from A/R/RD to C/L (Commercial / Limited), which has been approved by the Planning Commission and will be before the Board on July 21St. There are no provisions for a salvage yard in the A/R/RD zone district, however, the salvage yard has existed on the property prior to zoning, therefore it is considered legally non -conforming. The salvage yard does have an associated office. "Storage" is a subcategory of "Industrial Operations Classification", therefore it is subject to the standards outlined in Section 5.03.07 of the Garfield County Zoning Resolution. E. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study 1" map in the Garfield County Comprehensive Plan of 2000, as "Low Density Residential". The recommended density is 10 acres and greater per dwelling unit. F. Adjacent Land Uses: The surrounding uses are as follows: 1. North: Single family residence. 2. South: Horse pasture 3. East: Pine Stone Company 4. West: Salvage Yard G. Road/Access: The access to the subject property is by means of an existing driveway off of County Road 113. H. Applicability: Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS: Comments were received from the following agencies and have been integrated throughout this memorandum as applicable. 1. Carbondale and Rural Fire Protection District: No comment. 2. Garfield County Road and Bridge Department: Exhibit I. 3. Garfield County Vegetation Management: Exhibit K. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 6 III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response: The Applicant noted that water will be supplied by an existing well and the waste treatment will utilize a relatively new existing septic system. The Garfield County Individual Sewage Disposal Permit issued for this property indicates that the existing septic system has been sized for one single family dwelling (see Exhibit G). As noted previously, there are two residences on the property and it is anticipated that the new structure will be attached to the existing system. Prior to the issuance of the actual Special Use Permit, the Applicant shall determine if the existing septic system is capable and sized for the proposed new structure and existing uses. In addition, a new Garfield County Individual Sewage Disposal Permit shall be obtained. The Applicant did provide with the application a well permit that was issued in 1964. The permit indicates that the use is for domestic purposes. In addition, the permit is not in the current property owner's name. The Applicant noted that a residential well permit is currently in the process of being issued to the Applicant, however, a copy has not been provided to Staff. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide updated information on the well. This information shall include, but is not limited to, an updated permit with the proper property owners name, a determination from the Colorado Division of Water Resources as to whether an commercial well permit is required for the proposed use, whether there is adequate water for irrigation, and the Applicant shall provide a pump test for the existing well, to determine physical water supply and water quality. The well shall be tested for 4 hours and shall pump no less than 350 gallons of water per person, per day (3.5 people per dwelling unit, using 100 gallons of water per person, per day). A copy of the final well permit for the property shall be provided to the County prior to the issuance of the actual Special Use Permit. 2. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 7 Response: Access to the property will be off of County Road 113. The Applicant indicated that the entrance to the property will be widened and the scrub brush will be cut back to provide for better sight distance. An approximately 6 ft. berm will be installed along CR 113, approximately 10 feet back from CR 113 and seeded with native grasses. The site plan submitted with the application indicates that the proposed parking areas and driveway will be chip and sealed. The comments /recommendations provided by Bobby Branham, Garfield County Road and Bridge Department, (see Exhibit I) shall be adhered to. All improvements shall be inspected and approved by the Road and Bridge Department upon completion. 3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Response: As noted previously, the Applicant proposes to install a berm along CR 113 (Cattle Creek Road) and plant it with natural grasses. Xeriscape will be utilized for the remainder of the property. The 12,000 sq. ft. structure will be constructed on the lower bench of the property. This should provide significant screening of the structure from CR 113 in both directions. During a site visit to the property, it appears that only the structure's roof would be visible from CR 113. The Applicant noted that the existing split rail cedar fence will remain. The only lighting for the use will be at the entrance of the structure, which will be installed for safety purposes. The Applicant noted that one 24" X 18" sign will be installed at the building, and that there will be no signage along CR 113. The sign shall comply with the County's Sign Code. Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only: 1. Based on compliance with all requirements listed herein, and; 2. Approval by the County Commissioner, which Board may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses or required additional off-street parking, screening fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use. Response: The Board may impose additional restrictions as listed above, however, staff sees no reason for the Board to impose any special conditions. The Applicant should be aware of the 15% "maximum lot coverage" restriction in the A/R/RD zone district. Lot Coverage is defined as "the portion of a lot which is covered or occupied by buildings, structures, parking and drives." On a 2.899 acres parcel, Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 8 15% would allow for 18,942 sq. ft. to be occupied by buildings, structures, parking and drives. Section 5.03.07 [Industrial Operations/: Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: NOTE: An impact statement was not submitted with the application and staff inadvertently overlooked this requirement when deeming the application complaint. The responses below are based on representation made by the Applicant in the application. (A) Existing lawful use of water through depletion or pollution of surface run-off, streamflow or ground water. There is no real or potential impact to surface, stream flow or ground water supplies from the proposed use. The proposed use will not involve use of chemicals or materials that will pollute surface or ground water sources on or adjacent to the property. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response: The proposed use should not result in the generation of vapor, glare, vibration, or other emanations that impact adjacent land as all aspects of the proposed use will be within the new structure. In the event of potential violations with respect to vapor, dust, smoke, noise, glare or vibration, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response: The application did not contain an analysis of wildlife impacts on the property. There is existing fencing that defines the property boundary which appears to be wildlife friendly. The Applicant proposed to retain the existing fencing. The proposed use should not result in increased adverse impacts to wildlife or domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. The activities of the use should not result in the generation of products or waste products that will attract wildlife or domestic animals. Waste that is created shall be housed within a wildlife -friendly garbage receptacle and disposed of accordingly. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 9 (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response: The Applicant has not affirmatively shown the impacts of truck or automobile traffic to and from the site and the impacts to areas in the County. According to the Trip Generation Manual ("Manual") by the Institute of Transportation Engineers, "Warehousing" is described as "warehouses primarily devoted to the storage of materials; they may also include office and maintenance areas." According to the Manual, the average vehicle trips ("ADT") per employee for "warehousing" is 3.89. The Applicant indicated that are 3 office personal and it is assumed that there are 6 off-site personal that access the site daily to pick up the company trucks. Therefore, the average daily trips per day are 35.01 (9 employees X 3.89 ADT). In addition, there are a variety of deliveries by UPS and from Denver during the week. (P) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response: It does not appear that the proposed use will damage abutting property. As noted previously, the storage structure will be constructed on the lower bench of the property. The remainder of the property, the upper bench, will remain similar to what currently exists with some outbuilding being removed and a driveway installed to access the new structure. As indicated before, the property to the west is a salvage yard and the property to the east is a stone yard. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Response: Mitigation measures for all of the foregoing impacts identified have been addressed throughout this memorandum. Mitigation measures for the standards identified in Section 5.03.08 [Industrial Performance Standards] of the Garfield County Zoning Resolution are addressed in this memorandum. Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response: The Applicant did not provide a plan for site rehabilitation. The only addition to the property is the 12,000 sq. 11. structure. Should the use cease on the property, staff assumes that the structure will remain, as well as any remaining existing structures. Any changes to this Special Use Permit, which runs with the land, will require a new Special Use Permit. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 10 Steve Anthony, Director of Vegetation Management, provided the following comments with respect to vegetation management on site (see Exhibit K): 1. Noxious Weeds: a. Weed Management: The Applicant shall manage any Garfield County listed noxious weeds that may occur after the construction of the berm. 2. Revegetation: a. The Applicant shall provide a plant material list of all species that will be use in the xeriscape mix. Since the amount disturbed on site is small, a revegetation bond will not be requested. (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Response: The Applicant shall comply with this provision if deemed necessary by the Board of County Commissioners. The Applicant asserted that if any bonds, commitments, or other security is deemed necessary, the Applicant will comply. (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) Response: See responses in Section 5.03.08 below. Section 5.03.08 findustrial Performance Standards}: Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 11 (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Response: Other than the sound of vehicle travel, no sound will emanate from the site. All proposed operations within the site shall comply with the maximum standards established in the CRS 25-12-103. Upon a receipt of a legitimate allegation of a violation with respect to noise, the Applicant will be required to provide proof of compliance with State dB levels. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. Response: No vibration is anticipated with the proposed use. The use will be confined to the proposed structure. Upon a receipt of a legitimate allegation of a violation with respect to vibration, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. Response: No emissions of smoke and particulate matter are anticipated as part of this project. Upon a receipt of a legitimate allegation of a violation with respect to smoke or particulate matter, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. Response: No emission of heat, glare, fumes or radiation is anticipated as part of this project, aside from the emissions from the trucks. Upon a receipt of a legitimate allegation of a violation with respect to the emission of heat and radiation by the proposed use, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 12 (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; Response: There will be no storage of flammable, explosive solids, or gases stored on site. The application was referred to the Carbondale and Rural Fire Protection District, however, no written comments were received. The Applicant shall comply with all Local, State and Fire Codes that pertain to the operation of this Facility. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; Response: There will be no outdoor storage associated with the use, except for the 6 company vehicles. These vehicles will be parked on the lower bench of the property adjacent to the structure. These trucks should not be visible from CR 113 or the adjacent properties. (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; Response: No materials or waste are associated with the proposed use. All garbage generated will be stored within wildlife -friendly garbage receptacles and will be removed accordingly. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 13 Response: No storage of heavy equipment is proposed or anticipated. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (A97-112) Response: All storage associated with the use will be within the structure. No outdoor storage areas are requested. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112) Response: The Applicant indicated that the only lighting for the use will be at the entrance of the structure, which will be installed for safety purposes. The light should be point downward and inward. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Response: The proposed used should have no real or potential impact to surface or ground water supplies. The existing and proposed uses will not involve use of chemicals or materials in a manner that will pollute surface or ground water sources on or adjacent to the property. This application was not referred to the State Health Office for comments. In the event of potential violations with respect to water pollution, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. Section 9.03.05 (Periodic Review of SUP]: Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 14 certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every six months. Shall the Board feel that periodic review is required, the Board shall indicate that such a review is required and shall establish the time periods at the time of issuance of this SUP. IV. RECOMMENDED FINDINGS: 1. Proper posting and public 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 proposed special use permit has been determined [not] to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has [not] met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978. V. STAFF'S RECOMMENDATION: Staff recommends that the Board APPROVE the Capital Construction, LLC. Special Use Permit for an office, plumbing material storage and warehouse, and associated vehicle parking, subject to the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, including but not limited to: A. Hours of operation: 6:30 a.m. to 5:00 p.m., Monday thru Friday; B. UPS deliveries daily, and Tuesday and Thursday supply delivers from Denver; C. No semi truck deliveries to the property; D. The exterior of the structure will consist of natural finishes, such as a rusty metal roof, rough sawn beams, split rail fence and neutral siding colors; E. Company truck parking shall be located on the lower bench adjacent to the structure; F. No retail sales 'or traffic on site; Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 15 G. The exterior color of the structure shall be tanhto blend with the other structures; H. A 6' berm will be installed along County Road 113, approximately 10' back from CR 113. Xeriscape will be utilized on the remainder of the property; I. Only one light will be installed at the entrance of the structure for safety purposes. This light shall be directed downward and inward; J. Only one 24" x 18" sign will be installed at the structure. There will be no signage along CR 113. 2. Any changes to the conditions of approval must be specifically altered by the Board of County Commissioners through the appropriate land use and public hearing process. 3. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 4. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality. 5. The Applicant shall comply with the recommendations outlined in the letter from the Garfield County Road and Bridge Department dated June 24, 2003. All improvements shall be inspected and approved by the Road and Bridge Department, and written confirmation shall be provided to the Planning Department prior to the actual issuance of the Special Use Permit. 6. The Applicant shall comply with all Local, State and Federal Fire Codes that pertain to the operation of this type of facility. 7. Prior to the issuance of the actual Special Use Permit, the Applicant shall determine if the existing septic system is capable and sized accordingly for the proposed new structure and existing uses. A new Garfield County Individual Sewage Disposal Permit shall be obtained prior to the issuance of the actual Special Use Permit. 8. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide a final copy of the actual well permit. In addition, the Applicant shall provide the following updated information regarding the water supply to the uses: a) updated permit with the proper property owner's name, b) a determination from the Colorado Division of Water Resources as to whether an exempt commercial well permit is required for the proposed use, c) whether there is adequate water for irrigation, and d) a pump test to determine the physical water supply and the water quality. The well shall be tested for 4 hours and shall pump no less than 350 gallons of water per person, per day (3.5 people per dwelling unit, using 100 gallons of water per person, per day). Capital Construction, LLC. Special Use Permit BOCC — 7/7/03 Page 16 9. Groundwater resources shall be protected at all times. In the event of potential violations with respect to water pollution, the Applicant shall provide proof of compliance with applicable Federal, State and County laws, regulations and standards. 10. The illegal residential unit shall either be removed or rendered inhabitable. 11. Waste created by the use shall be stored in wildlife -friendly garbage receptacles and disposed of regularly. 12. The Applicant shall comply with the following vegetation management: a. The Applicant shall manage any Garfield County listed noxious weeds that may occur after the construction of the berm. On-going weed management of the property shall occur. b. Prior to the actual issuance of a Special Use Permit, the Applicant shall provide a plant material list of all species that will be used in the xeriscape mix. This material list shall be approved by the Garfield County Vegetation Manager. 13. Any changes to the Special Use Permit for an office, plumbing material storage and warehouse, and associated company vehicle parking, will require a new Special Use Permit. Wednesday, May 14, 2003 9.09 AM Shawn G. Loans 970-945-9394 1 GARFIELD COUNTY ilUILOINO AND SANITATION DEPARTMENT PermII Nm 2104 it • 10$ SMARM* 893 Assessor's Psaaosl No. , .- 014nwood 13pi1nea. Oolotttao e1t1Df Phortet309) 646 44t12 i INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPER,PY Owna's Name ttsthart" V*tZ *own Nation Thio docs rwi coni Lh1 o bulk:Ong or uee permit Present Address 0966 Cattio Crook Rd I, Ca ss 9$3-5292 0388 cattl. C rawk neati (nasty Read 111), LogE Deacliprlon of Assessor's Parcel No SYSTEM DESIGN 7 i Sepals yank Causally (Gobi -Oths( J / .S/ii /.2 P4r tlo Rete VeinutrefInoh) Nurrilw Of 9odroom{ (or Olh� 2 34,Ar /I oc-lu+ L e Ac H C3 e -d ..... /, `X36'w 3 ` rfr,c qui Absorpuen Aron. 2,27 el r x nr 14. R r e f rr - i dpeoiel (fatback Requirements: 21711' Col; t A <. -'t ©Yt a." / r <t erg 4 P1NAL BYSYBM 1NSPilOT1015 AND APPROVAL (es installed) Gall for Inspection (24 hours noIloe) Before OOwring Installation deptto Tank manufacturer or Trage Nano 6apt1O tank AOoist `within r of♦a�u i Abearpttaar Anfa �J p Absorption Area Typ o andfar Mienufectur�r or Trade Wale /'_ v �, %' Ike Adequate oonippanOe wfth County and Stale regulellonefrsquirarnente •CONDmONS: 1, All 4nafolisil nituttossmay wt1h all rotrefersenta Of the Ooloredo Stabs saard ofMain rnd(vtaualSasebo. Dispose 8yslainsGupta, RETAIN WITH R O IPT RECORDS AT OONeTRt1GT1ON 017E , Artiolo tO OAS. 1073, fevte•d I9B0. 8.' Thlapermit reV9Rdohlykrconneotiontoeruccut'eeiohhavefolk oomplledwithQOvntyxOrtIn (err and building Irpdsaes5ly nsc Ion to or use with any (Welling or atructreaa not *rowed Who ho Budding and Zoning office shat! autorn ail oat h be a vi oral Ion or s reoruft►rnent of the permit and cause for both boat ton and remotion of the p•rrntt. e. Any parson env ou*unte,elfwae urtnapl nON, t wawa Orepaeal;system Inamanner whkhrneort seknoa_lareonomatinHet venation from aha terms or specilloatlons Cloaterned Ii► the Intim of permit oommite a COO I, Petty Offense (I5M6OO fire —5 months In hail. or both). • Applicant: Orem Copy Ds¢ittntant: fink Copy f 1 V 1 1 I Wednesday, May 14, 2003 9,09 AM Shawn G. Goans 970-945-9394 p03 •001J001Jf9v Application a `.a' INDIVIDUAL SEWAGE DISPQSAL SYSTEM APPLICATION Approval by NOIR CAr( fee V1).111447County Official: ADDRESS D51ob t IL-(dt l<LOAD PHONE 9tic•S JJ-- 6/00 99 CONTRAc?OR. .SAME - koul-ih - f GkuMln/ ADDRESS PHONE 10.0' PERMIT REQUEST FOR: ( ) New Installation ( ) Alteration (X) Repair Attach separate sheets or report showing entire area with respect Ea surround ng areas, topography of area, habitable building, location of potable water wells, soil percolation teat holes, soil profiles in test holes, (See page 4.) LOCATION OF PROPOSED FACILITY: County (; kf ' 4_ /� Near what City of Town 3thWitat.t (DOAA4(G + (tnwP Lot Size •Z•-! i. X 5 Legal Description Ll tti hall LtuA�RD� (G�.Rd.il3J`l1 L)111tw ).it- CO WASTES TYPE: (-✓) Dwelling ( ) Transient Use ( ) Commercial or Institutional ( ) Non-domestic Wastes ( ) Other - Describe BUILDING OR SERVICE TYPE: \y (( MItt1 i oma. Number of bedrooms J Number of persons ( ) Garbage grinder kinetic w9her ( ) Dishwasher SOURCE ANO TYPE OF WATER SUPPLY: (1/5 well ( ) spring ( ) stream or creek Give depth of all wells within 180 feet of system: 'hD+ diAti' fe(k If supplied by community water, give mmne or supplier: J GROUND CONDITIONS: Depth to bedrock: Depth to first Ground Water Table: Percent ground slope: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 1.(((Y' ' Was an effort made to connect to community system? ' Nr fi._. TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: ( Septic Tank ( ) Aeration Plant ( )-Vault ( ) Vault Privy ( ) Composting Toilet ( ) Recycling, potable use ( ) Pft Privy ( ) Incineration Toilet ( ) Recycling, other use ( ) Chemical Toilet ( ) Other - Describe: FINAL DISPOSAL 8Y: (/)'Absorption Trench, Bed or Pit ( ) Evapotranspiration ( ) Underground Dfapersel ( ) Send Filter ( ) Above Ground Dispersal ( ) Wastewater Pond ( ) Other - Describe: WILL EFFLUENT DE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? Pimp 2 .-. Wednesday, May 14, 200 9,09 AM Shawn G. Goons 970-945-9394 p.04 • S01. PERCOLATION TEST RESULTS: (To be completed Minutes per inch in hole No. 1 Minutes per inch in hole No. 2 Name, address and telephone of RPE who made soil by Registered Professional Engineer.) Minutes per inch in hole Ho. 3 Minutes per inch in hole No._ absorption tests: Name. address and telephone of RPE responsible for design of the system: Applicant ecknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made end furnished by the applicant or by the local health department for purposes of the evaluation of the application% and the issuance of the peraift,ts subject to such tens and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25. C.R.S. 1473, as amended. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best Of my knowledge and belief and are designed to ba relied on by the local Aepartment of health in evaluating the same for purposes of issuing the permit applied for herein. 1 further under- stand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and In legal action for per- jury as provided by law. Date i.) lido PLEASE DRAW AND ACCURATE MAP TO YOUR PROPERTY 6144 iamb Vat CaliPbOW Glib-trutgdt , RS )13 Signed ' lJv Page 3 weanesaay, May 14,'2003 9.09 AM Shawn G. Goan 970-945-9394 p.05 PLOT PLAN AND DESIGN rrATunEs: Include by measured distance location of wells, springs, potable water supply lines, cisterns, buildings, property lines, subsoil drains, lake, water course, stream, dry Gulch and show location of proposed system by direction and distance from dwelling or other fixed reference object, and additional submissions in support of this application such as date, plans, specifications, statements end commitments. C/4 //7 Otk Page 4 0 Z w -J 0 w I U co) Z • 0 cc 1 APPLICATIONS OF FACTORS POSITIVELY OR ., NEGATIVELY AND CORRELATION COST APPROACH $ MARKET APPROACH $ INCOME APPROACH $ '`' . ASSESSED :VALUE Q JTA0C) 0J .� m rt, v 'il, UT 000 71.--L.J..- `Z ACTUAL VALUE'. TOTAL 71 t r ' 0` t ,; r : 0'-%, fl `-( 4 }� 111 o c( �0 ,'.=1 r'. ' — {.(�If. (-0-:,(z.3.7 o M M N *CODE II \'l -.)j, 1 DC) I SCHOOL DIST. DESIRABILITY ADDRESS 0566 - 113 Road DOC.F EE O Consideration of the amount of time required to recognize Potential Value Yrs. Est. Potential Value $ OPEN SPACE CALCULATIONS `: > 1TOTAL LAND VALUE I 1 1 1 1 I 1 COST:APPROACH DATE REPLACEMENT An EA IHAM) DEPRECIATION (HANI LAND VALUEI TOTAL VALUE COST NEW FACTOR AOJ. RCN nHY$ICAL IF VNCT�ONAL I ECONOMIC RCNLD w z 4 co aw ,0cc L> os BOOK op PAGE CLERKS NO. C` in .: (,V ILfl jto ta{31x, �aal� A(i)1�< <;as ' S '� o, - ?,�! /. ; ��',/ Y % r�$ J7.7/ Qfes 6(), $ ��/ ` ^ 3 .; '- ?. a3 ,na W1-� \.. 0 I` SALES DATE 13i 3,,, • p� 6' I I I Y:COURSE OF, TRADE {TOTAL PI ADJUSTMENTS - r -s' `. O e a"c y 'WNERS NAME Re=�osepl Lisa Mae .. &_. 1- O SALES REFERENCES Y U O m jV ra, is o1 tu U a a ` o m N F-1 ' �Q[ 1 I— .L N YZ r • 8 4 8 H+S' _ i3 H in 'c 1 J w O a H J Q Q O J J N m Q a O CC 4 Q V LL 0 N 0 0 APPLIANCES & MECHANICAL TOTAL S 1- z Z o O z — — 0 Z 2 J 6 IBASE COMP 3 F IXTUREITATT7� 1 Q m V cl 2 FIXTURE BATH1 0 Q > ¢ J TOILET 1 BATH TUB IROMAN TUB I STALL SHOWER ST.SHWR W/DR Y Z N Z 1 F Y WATER HEATER I LAUNDRY TRAM 'DISPOSAL CC w yl =i 0 R1.3 FIX BATH SEP. STACK 0 2 ; co U F O J N WATER SOFT SAUNA BIDET ECTRN AIR CL. HUMIDIFIER. EL WALL HF. Q• J w AT. FANW/TIM THRU.WALL A/C F 0 0 Z O g APPLIANCES 6 O Y O O 0 WALL OVEN W Cr Z Q.- O \\pp\\ H000 (STD) HOOD ICUS-STR) IH000 CUS.CONI ELTRN. OVEN ELECTRIC B80 DOUBLE OVEN CENTRAL VAC. r] LL N E Q w F Z INTERCOM (AM) W 6 W F Z f U 2 F O O N SELF.CLN OVEN TRASH COMP. Z Q W = FORCED AIR GR AV IvY HOT WTR./STM BSMT HOT WTR. V R F U \ WL/FLR FURN. I OG F Z U O Z O Z U a EVAP. COOLER I I RADIANT HEAT J� V a\y�n BRICK MUD SILL 3 pp b Z_ 3 WOOD 1 IALUM 1 ROOF TYPE II LL �J DEPRECIATION �n V 6" e HARD WD HD TILE )R WALLS F Y m IBLKSTUC. o i\fi=t O i W y a G. LL w ¢ _LL CO LL Z PLASTLA 'WALL 80 PANEL FLOORINC NAVE :OVERING RL COMP SPAN TILE w j _ m =Z) 0 F¢ V OZ U Z N W Q a 0 IN p g O p N E Z O w Y m 12 m� F g wJ m 0 J w m Z 0 w Z y J (� Z¢ O u_ b an d F 6 ¢ 6 Q 14 H. F LL ¢ 20 c� N acc) ¢¢ x 2 N °- a 0 0 a 0 6 u N [YEAR BUILT YEAR ADD/REM o ¢ w ¢ ADJ.YR BUILT O O E m Z ICOMPFOR AGE I m o F 0 I ECON. OBS 0000 % 'fCtl ROOMSto I2 TOTAL COST $ I W N 69 t9 SI K e9 1n .:. M H » n F CJ A0 c Q r 49 UNIT COSI ISE COST AND�MECIANICAL , <° ati.' . .. Z C. d Q' O r.. AREA" Factor( _%<:^. ADJ R.CN. w ❑ aaa O N ❑ ❑ ❑ ❑ P 0 c 9 ,. p :J - g ?'' YARD IMPS HOT TUB PASSIVE SOLAR WDOD STOVE W 0 W = co Z IL INISHED uv>/ ..0.t COST UJ F :. l IHERI CE 0. Y: P F m 2 V V i 2 a a4 Z 0 4 LL _ N w 03 a a a a , V M DRCHES S TAIRWEL PERMIT; AUCTION FLOOR IISH, ATTIC a F 7 O 2 • 4; • rt Z dl DO- • • e • • • Garfield County Road and Bridge, District 1 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 ph, 945-1318 fax Date: 6-24-03 To: Tamara Preghl Building and Planning From: Bobby Branham Road and Bridge Dist. l Re: Special Use Permit; Capital Construction. LLC project. EXHIBIT r The following are a listing of comments and concerns regarding the above stated 1. All culverts beneath access points should be of Corrugated Steel Pipe. 2. All culverts should extend beyond the edge of the access roadway sufficiently to prevent slough from congesting the inlet or outlet. 3. All culverts should be at least 15 inches in diameter 4. All culverts should have a minimum cover equal to half the diameter of the pipe. i.e. an 18 inch culvert would require nine inches of cover to finish grade. 5. All culverts should have a minimum of 1% flow. 6. All ditches entering to and exiting from culverts should be chased to daylight in order to facilitate flow. 7. Accesses should be constructed with a compacted sub -grade, then filled with a compacted six inch lift of three inch minus, then topped with at least a four inch layer ofconapacted % road base (class 6) material. 8. Compaction should test at 95% of modified proctor. Test results should be forwarded to this office. 9. Access' should be flared where they meet the county road and should at a minimum of 40 feet wide to conform with commercial standards. 10. Ali areas of county road which encroach into or pass through private property should have right of way deeded to the county at 30 foot from centerline. 11. All accesses should be graded to follow 2% slope from crown, to a point at or beyond the location of the culvert. Where super -elevation is used the access grade shall be at 2% from edge of road to a point at or beyond the culvert. 12. Accesses should provide a minimum of 200 feet visibility in either direction, from a point 10 feet back from the edge of the county road. 13. Accesses should meet the county road at a 90 degree angle for a minimum distance of 30 feet. 14. Accesses should be inspected by Road and Bridge for compliance upon completion. 15. Stop signs shall be placed in accordance with the MUTCD at all entrances to the county road. With regards to this particular sub -division, with regards to the comments from Capital Construction LLC, I do not feel that there would be an added impact to CR113. Construction of the berm must not hinder the specified sight distances. Upon issuance of the driveway permit any additional concerns will be addressed at that time. Bobby Branham Dist. 1 Road and Bridge RECORDED AT q%= o-cLocKA.M. AUG 19 1992 REC # 438117 MILDRED ALSDORF, COUNTYCLERK STATE OF COLORADO ) )ss County of Garfield ) BOOK 833 pgGr68S At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Tesday , the Z8thday of August A.D. 19 92 , there were present: • Arnold L. Mackley , Commissioner Chairman Elmer (Buckey) Arbaney , Commissioner t, Marian I. Smith , Commissioner i\' Don DeFord , County Attorney (Absent) Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO 92-078 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR PAM AND PAUL PINE (PINE'S STONE YARD). WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Pam and Paul Pine for allowing the processing, storage and material handling of natural resources on the following described tracts of land: Located in the SWC/a of Section 7, T7S, R88W of the 6th P.M. (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 10th day of August 1992, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. BOOK 839 PAGE689 2. That 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 hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of' the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is authorized permitting the the processing, storage and material handling of natural resources on the above described tract of land upon the following specific conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. That limited processing (cutting and shaping) of materials on the site will be limited to daylight hours. 3. All delivery and stacking shall occur Monday through Friday during daylight hours. Delivery of material on the site during the weekends will be limited to minimize the impact of the use on adjacent residential uses. 4. All non -licensed on inoperable vehicles and assorted equipment will be removed from the site. 5. The applicants will construct a berm on the south side of the property, and will plant landscape screening along the property's frontage with Cattle Creek Road (CR 113). Dated this /B4day of 4ttiosi- , A D. 19 92. ATTEST: Cle of the Board vote: aLkat GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Arnold L. Mackley , Aye Elmer (hockey) Arbaney , Aye Marian I. Smith Aye BOOK 839 ? CE69O STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of 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, thio day of A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners REQUEST: BOCC 8/10/92 PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit to allow for the processing, storage and material handling of natural resources. APPLICANT: Pines Stone Yard (Pam and Paul Pine, business owners) LOCATION: A portion of the SW'/4 of Section 7, T7S, R88W of the 6th P.M.; located on the north side of Cattle Creek Road (CR 113), 1/2 mile north of State Highway 82. SITE DATA: WATER/SEWER: ACCESS: EXISTING AND ADJACENT ZONING: The proposed site consists of 4.0 acres Well on property/No Septic Proposed Access directly off of Cattle Creek Road (CR 113) A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District C - Rural Areas with Minor Environmental Constraints as identified on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is a gently rolling square-shaped parcel approximately 300 feet from Cattle Creek. The site slopes from north to south where Cattle Creek parallels the property line. Scattered sagebrush and native grasses are scattered around the property. The site is currently occupied by assorted agricultural equipment, an abandoned car and scattered building materials. A review of the Flood Insurance Rate Map (FIRM) for this portion of Cattle Creek indicates that the property is located in Zone C, which indicates areas of minimal flooding. None of the property appears to be located within the regulated floodplain. Adjacent to the subject property are single-family residential uses to the east, 1 west and south. These residences look out over the applicants entire site. North of the property is an undeveloped steep slope, with a BLM parcel further to the north. A primitive access driveway, on what appears to be an easement from the adjacent property to the west, provides access to the site. The applicants have stated the potential need to improve this driveway. A vicinity map is attached as Exhibit 1 on page 4. The property is currently owned by Albert Herring, ,who has indicated his support of the application, and contends that he will sell the property to the Pines if a Special Use Permit is granted. See Mr. Herring's 6-4-92 letter, attached as Exhibit 2 on page 5. B. Project Description. The applicants are requesting a Special Use Permit to permit the processing, storage and mat rial_handling of natural resources on a site approximately 1/2 mile east of the current business location. The primary sales and processing would continue at its present location. No retail sales are proposed at this location. In essence, the Pine's have outgrown the storage capacity of the existing facility. The Pines estimate approximately ten (10) trips per day will be generated by the storage use. The applicants are proposing storing the stone in the same manner as at the current location, using bailing wire and fencing to secure rock and stone piles approximately three (3) to four (4) feet high. At some time in the future, the applicants state that they may build a structure for storage and processing. The applicants cover letter is attached as Exhibit 3 on page 6. III MAJOR ISSUES AND CONCERNS A. Section 3.02.03 lists a "site for extraction, processing, storage or material handling of natural resources" as a Special Use in the A/R/RD zone. B. The storage of unlicensed, inoperable vehicles, building materials and auto parts is not a permitted, conditional or special use unless it is accessory to an allowable use. Based on the orderly storage on the Pine's principal business location, the proposed use could be seen as an improvement on the visual impact of the property on adjacent property owners. C. The primary consideration in a request of this nature is the compatibility with adjacent properties. Residential uses are located to the west, east and south of the SUP site. The applicants have proposed a berm on the south side of the property to lessen the visual impact of the proposed use. In addition, the applicants are proposing to plant screening trees along Cattle Creek Road to minimize the visual impacts of the proposed use. Staff recommends that the construction of aberm and the additional landscaping be conditions of approval for the SUP. The ten (10) estimated daily truck trips to the site may generate dust problems for the adjacent residential uses if the existing driveway is not improved. The processing of the rock and stone (cutting, etc..) at this site does present compatibility issues related primarily to noise impacts on the adjacent residences. This is particularly true due to the absence of any permanent 2 structure to contain the noise from processing equipment. IV. SUGGESTED FINDINGS 1. That the proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That 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 hearing. 3. That the proposed Special Use is compatible with the adjacent land uses. For the above stated and other reasons, the proposed Special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends approval of the Special Use Permit based on the following conditions: 1.) That all verbal and written representations made by the applicants in the application and at the public hearing shall be considered conditions of approval unless specified otherwise by the Board of County Commissioners. 2.) Thatmo-processing(cutting-and-shaping)-will-ocoueon4hesite-un -ape ste t 'c__ pct. red-un-the-ite. P2actssluc.� pocj fiLD 4,1*�tiOkAK ty'Q 3.) rAll delivery and stacking shall occur Monday through Friday only; between the hours of 8:00 A.M. and 5:00 P.M. The delivery or transfer of natural resources may occur during the weekends, but only during daylight hours. 4.) That all non -licensed or inoperative vehicles and assorted equipment currently on the site will be removed prior to the issuance of the SUP. 5.) Prior the issuance of a Final SUP, the applicants will provide the County with a landscape_plan that describes the location of the berm on the south and landscape screening along Cattle Creek Road. 6.) The applicants will widen and gravel the existing primitive driveway to control dust generated by truck deliveries. WILL o13TPiJ A1211/E At pERMIT flow ?ON) !Mc 3 bErAcTmem r GARFIELD COUNTY BUILDING AND PLANNING April 11, 1994 Bruce Kolisik 222 S. 6th. Room 208 Grand Junction, CO 81501 RE: Pine Stone Yard Dear Mr. Kolisik: A neighbor to the Pine Stone Yard, Bill Crymble, asked me to write a letter to you regarding the wholesale and retail sale of products from the property. While there is no specific regulation stating that no retail sales are allowed on the property, our zoning resolution does not make provisions to allow for the retail sale of products such as the Pine's, in the A/R/RD zone district. This issue -has-been-a point of-controversy-betweenthis office -and -the -Pine's pre-viousl3LIr��he- correspondence between us, it was clearly spelled out that the stone yard only allowed them to have wholesale sales. The enclosed letters show the sequence of the determination that only wholesale sales are allowed on this property based on the type of use permitted by the Board of County Commissioners. If you haye any additional questions, feel free to call or write to this office. Sincerely, Mark L. Bean, Director Building and Planning MLB/sa Enclosures xc: Bill Crymble w/attachments 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL February 4, 1993 Paul & Pam Pine P.O. Box 514 Glenwood Springs, CO 81602 RE: Resolution No. 92-078 Dear Mr. & Mrs. Pine: Based on your various conversations and your 1/21/93 letter staling that you will not allow or advertise for any retail sales and only store and wholesale the materials, you will be in compliance with Resolution No. 92-078. The resolution approves the processing, storage and material handling-ofzratarat resources Material-handli rg s-deCuzed-as-the-loading-and unloading of goods, materials and products, whether industrial or commercial, in bulk, excluding the operations of extraction, processing, fabrication or storage. Wholesale sales would seem to be a logical part of a bulk loading, storage and unloading of goods. If you have any further questions, feel free to call or write to this office. Sincerely, Mark L. Bean, Director Regulatory Offices and Personnel MLB/sa 1098Ti1 STREET, SUITE 303 • 915-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 January 21, 1993 PINE'S STONE COMPANY FINE QUALITY MATERIALS AND RELIABLE SERVICE Mr. Mark Bean Director of Regulatory Services '109 8th Street, Suite 303 Glenwood Springs, CO 81601 JAN 2 51993) (3ARFIELD COUNTY Dear Mr. Bean:, Pursuant to our conversation and your letter of January 15, 1993, we would like to state that we will not do retail sales. VLe will not advertise for retail sales in any way. In the future we will re -write our yellow page ads to include the statement, "Wholesale Only". Our yard signage will include "Wholesale Only". We would appreciate an additional letter from you indicating we are operating within our Special Use Permit. Thank you for your help in clarifying this to us. Sincerely, Paul Pi e T` am Pine PP/d kr P.O. BOX 514 • GLENWOOD SPRINGS, CO 81602 • (303) 945-2940 Le. GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL January 15, 1993 Paul and Pam Pine Pine's Stone Company P.O. Box 514 Glenwood Springs, CO 81602 Dear Mr. and Mrs. Pine: We have received your correspondence of January 14, 1993 requesting clarification of the conditions of approval for your Special Use Permit for the Processing, Storage and Material Handling of Natural Resources on a parcel adjacent to Cattle Creek. The following responses are formatted in the same way as your letter. 1. Storage of Brick and Block Resolution 92-078, of which you have been sent a copy, does not limit your ability to store brick and block materials. Furtherruore, the Resolution allows you the abil for lmn`[[ed processing (cu g an s aping or materials on the site, as long as these activities occur during daylight hours. 2. Office/Garage Structure. Your Special Use Permit is based on an industrial use classification, described in detail in Section 2.02.31 of the Zoning. Resolution. Your permit addresses threespecifrc classifications of industrial uses: Processing, Storage and Material Handling. The definition of storage is as follows: "...act of storing or slate of being stored, specifically, the safe keeping of goods in a warehouse or other depository". k in stairs opinion, the conslruction of a warehouse structure would be consistent with the permitted uses on the site. Only a building permit would be required for the structure. 3. Special Use Permit Applicability. A Special Use Permit runs with the property, and no t with the properly owner or permittee. 1t is in fact transferable to another person assuming conformance and consistency with the resolution under which it was approved. 4. Retail Activity. As described in detail in an August 17, 1992 letter from Dave Michaelson, it is stall's position that "material handling" does not include retail activity. 109 [III I STREET, SUITE 303 • 945-1212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 Paul and Pam Pine January 15, 1993 Page Two Furthermore, it is staffs position that the entire transfer of your operation, which is currently located in the Conunercial/Limiled Zone District, would be a violation of both the Zoning Resolution (for uses in the A/R/RD District), and your Special Use Penna. A copy of Dave's leiter is attached for your reference. Itis important to note that the interpretation described above is slaffs perspective. Staff is not a decision making body. If you disagree with these interpretations, which your letter appears to indicate, you do have other methods of administrative relief. • The Garfield County Board of Adjustment is the body with jurisdiction to hear appeals to decisions made by staff. Specifically, Section 8.02.03(1) and (2) of the Garfield County Zoning _Resolution assigns the following_powers to the Board of Adjustment: l To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in' the enforcement of this Resolution; 2. To hear and decide appeals wherein there is a question on the interpretation of the Zone District Map or similar questions as they may arise in the administration of this Resolution; If you wish to pursue your appeal to the Board of Adjustment call myself or Dave Michaelson, and we will assist you in your appeal. If you have any questions, please call me or Dave at your convenience. Sincerely, Mark L. Bean, Director Regulatory Offices and Personnel Enclosure January 14, 1993 PINE'S STONE COMPANY FINE QUALITY MATERIALS AND RELIABLE SERVICE Mr. Mark Bean Garfield County Regulatory Offices and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Mr. Bean: € JAN 1 5 199.93-' i j i GARFicLQ COUNTY We appreciate the consideration and approval by the Board of County Commissioners regarding the application for Special Use Permit for Paul and Pam Pine, Pine's Stone Co., Inc., on August 10, 1992. As we continue to prepare the property, we would like to have a written response from you regarding the following: t stated at the Commissioner's meeting, we carry a very limited quantity of brick and block, along with our natural stone materials. The Board verbally agreed that that was acceptable; we would like to have that stated in writing. 2. We are planning on constructing an office/garage struc- ture. As we also discussed, our understanding is that we only need a building permit to do so. 3. The Special Use Permit, having been granted, allows our business to operate on said property. Does this permit re- main permanently in force for the use granted, and is it transferable to another person for the same use? 4. Ninety percent of our business is done with about thirty invoiced customers. We prefer to deal only with contractors and masons on a wholesale basis. At least ninety percent of our materials are delivered by us in our own trucks. There- fore, we feel that our business operation does meet the criteria of "materials handling", and thus we do not consider ourselves a retail business. P.O. BOX 514 • GLENWOOD SPRINGS, CO 81602 • (303) 945-2940 Mr. Mark Bean January 14, 1992 Page 2 We have operated at our current location for about four years without any complaint regarding traffic or noises. We do feel moving our business to one location will be considerably safer by reducing trucks entering and leaving our current corner location. At this time we are willing to drop our application for Commercial Zoning if we can have permanent confirmation that our entire business can be conducted at the Special Use Permit location. Although our operation is miniscule in comparison, sand and gravel business are allowed to conduct their entire operation from a single location similarly permitted, we can only assume that we, too, can fully utilize our property in the same manner. Please feel free to contact us for clarification, further informa- tion or to answer any questions you may have. Our telephone number is 945-2940. We look forward to hearing from you soon. Sincerely, PINE's STONE COMPANY. INC. Paul Pine Pam Pine PP/dkr cc: Garfield County Commissioners MEMORANDUM To: Tamara Pregl From: Steve Anthony Re: Comments on the Capital Construction Special Use Permit Date: June 26, 2003 Thanks for the opportunity to comment on the Special Use Permit. My comments are as follows: 1. Noxious Weeds A. Weed Management -The applicant shall manage any Garfield County listed noxious weeds that may occur after the construction of the berm. 2. Revegetation Please provide a plant material list of all species that will be used in the xeriscape mix. Since the amount disturbed on site is small we won't be requesting a revegetation bond. Please feel free to contact me at 625-8601. Ep LD 0 FIRE • EMS • RESCUE June 27, 2003 Tamara Pregl Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Capital Construction, Special Use Permit Dear Tamara, a 3 EXHIBIT I have reviewed the application for Capital Construction, Special Use Permit. The application was reviewed for compliance with the Uniform Fire Code 1997 edition adopted by the district along with other applicable codes and standards. I would offer the following comments regarding the application. Access 1. A fire apparatus access road shall be provided within 150 feet of all exterior walls of the first floor of the building. (Section 902.2.1) 1. Apparatus access roads shall have a minimum unobstructed width of 20 feet. (Section 902.2.2.1) 2. A minimum vertical clearance of 13 feet 6 inches shall be provided for the apparatus access roads. (Section 902.2.2.1) 2. Fire apparatus access roads shall be capable of supporting the imposed load of the apparatus and shall be of an all-weather design. (Section 902.2.2.2) 3. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved means for turning the apparatus around. (Section 902.2.2.4) 4. Provide an approved key box "Knox Box" at the main entrance to the building. (Section 902.4) RECEIVED 3UL 0 3 2.00 GARFIELD COUNTY WAttr,tLu k,UUrd l Y Carbondale & IttikiPfitePtikWrtion Dist NO & PLAIWING 300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569 Water Supply There is no proposal for supplying water for fire protection for the building. There currently are no fire hydrants available to serve the property and provide adequate fire flows. The required fire flow for this building assuming Type V -N construction is 3000 gallons per minute (gpm) at 20 pounds per square inch (psi) residual pressure. (Section 903.3) Without adequate fire flows for the building, an automatic fire sprinkler system would need to be installed meeting the requirements of NFPA 13, Standard for the Installation of Sprinkler Systems, 2002 edition. Please contact me if you have any questions. Sincerely,GLuciu'cC Bill Gavette Deputy Chief