HomeMy WebLinkAbout2.0 BOCC Staff Report 07.19.2004EXHIBITS
CAPITAL CONSTRUCTION, LLC. SPECIAL USE PERMIT II
Board of County Commissioners — July 19, 2004
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 19, 2004
Exhibit F: Application Materials
Exhibit G: Comments Bobby Branham, Garfield County Road and Bridge
Department, dated June 24, 2003
Exhibit H: 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:
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FJ
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 1/2 mile
from the intersection of Highway 82 and CR 113.
SITE INFORMATION: 2.899 acres
WATER: Exempt Commercial Well (#258142)
SEWER: Individual Sewage Disposal System
ACCESS: Existing driveway off of County Road 113
EXISTING ZONING:
ADJACENT ZONING:
A/R/RD (Agricultural / Residential / Rural
Density)
A/R/RD
I. DESCRIPTION OF THE PROPOSAL
A. Background
In July, 2003, the Board approved a Special Use Permit r this same proposal. However, the Applicant
states that the building design and location, at the t. e of the original application, was based on
preliminary design and did not include final engineerin input from the Carbondale Fire Protection District
or detailed analysis of other site design factors related to building design and access. A final design was
completed for that proposal which, by including all the factors relating to access, geotechnical
recommendations, fire protection, resulted in relocating the main 12,000 foot warehouse/ office structure to
the front of the lot (upper bench) from its earlier location on the lower bench what was approved by the
Board. Because the County does not have an amendment process for SUPs, the Applicant has re-applied to
the County for a SUP which mirrors the original proposal approved by the Board with the exception of a
new building location on the lot. Virtually all other components of the project are the same. This
memorandum provides the same analysis provided to the Board for the original request with slight
modifications regarding the new footprint location.
B. Summary of Request
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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.
C. 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.
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. To be clear, this office space shall be dedicated solely and entirely to an office support for the
warehouse operations for the Capitol Construction business. This space cannot be used for any other
business unless underlying zoning occurs.
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Hours of operation are 6:30 am to 5:00 pm, Monday through+Hnrsd'ya . 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 staff's 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. 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 and will 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.
At present, the property contains two existing residential units on site. The Applicant proposes to
completely eliminate / remove all residential structures from the property.
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D. Site Description
The property has two very distinct benches as shown by the topography on the site plan. 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. The proposal has the Applicant removing all residential structures from the property thereby
eliminating all legal or illegal non -conforming structures.
The Applicant provided a subsoil study / report conducted by Hepworth Pawlak Geotechnical, Inc. (HP
GeoTech) dated September 27, 2002. 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.
E. Zoning
The subject property is zoned A/R/RD. 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 are 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 commercially zoned areas at the
very base of the intersection with HWY 82 which includes Funland, Rudd, and Morris. The subject
property is directly adjacent to and up -road from Morris and has an approved SUP. The next significant
property up -road from the subject property also has an SUP (Pine Stone). These properties that have
granted SUPs continue to serve as a regulated buffer zone against the ARRD properties located further up
CR 113.
As a matter of background, in 1992, the County granted a SUP 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.
The Morris property to the west of the subject property, was a legally non -conforming salvage yard
which has existed on the property since 1967. The County recently rezoned that property 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 21". There are no provisions for a salvage yard in the A/R/RD zone
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district, however, the salvage yard has existed on the property prior to zoning, and 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.
F. 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.
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 new comments submitted.
2. Garfield County Road and Bridge Department. Exhibit G (Identical to original comments)
3. Garfield County Vegetation Management: Exhibit H (Identical to original comments)
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. As noted previously, there are two residences
on the property which are to be removed and disconnected from the existing system. Prior to the issuance
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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.
Regarding legal water supply, 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. Since the last
approval by the Board, the Applicant has obtained an exempt well permit to cover the new uses as well as
placed the permit in their name.
Regarding physical supply, no pump test information was supplied in the application as to the amount of
water that could be generated from the well. Prior to the issuance of the actual Special Use Permit, 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).
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.
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 shall be adhered to. These comments are identical to the original comments as they apply in
the same manner to the new building location. All improvements shall be inspected and approved by the
Road and Bridge Department upon completion. The Applicant has committed to adhering to all these
conditions in the application.
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: The Applicant has relocated the 12,000 sq. ft. structure from the lower bench to the upper
bench of the property which is nearer the road. 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. While the berm should provide significant screening of the structure from CR 113 in both
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directions, it will certainly be more visible in its new location up closer to CR 113.
In order to further reduce visual impact of a "warehouse / office" structure, the Applicant provided building
elevations that have been designed primarily with residential / agricultural design elements (such as
cupolas) and exterior material treatments that allow the structure to become more consistent with and not
detract from the residential character of the area. Staff would note that the significant uses in the immediate
area include a rock storage yard which includes a rock cutting facility to the east and an abandoned
(somewhat cleared) salvage yard to the west and a residential use to the north. This structure will be more
compatible with the residential structure to the north across CR 113 and will certainly not detract from the
commercial / industrial nature of the Pine Stone operation further up Cattle Creek Road. The 6 work
vehicles will all be parked in the lower parking lot that will be screened from the road.
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 ofa lot which is
covered or occupied by buildings, structures, parking and drives. " On a 2.899 acres parcel, 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:
(A) Existing lawfid use of water through depletion or pollution of surface run-off, streamflow or
ground water.
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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.
(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.
(E) 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 upper bench of the property. The remainder of the property,
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the lower bench, will be improved with parking area for the work vehicles. As indicated before, the
property to the west is a salvage yard and the property to the east is a stone yard. If anything, it appears the
impacts will come from the neighboring uses onto this use.
(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 Sbction 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. ft. 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.
Steve Anthony, Director of Vegetation Management, provided the following comments with respect to
vegetation management on site:
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 f urnish 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
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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 /Industrial 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:
(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.
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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.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
(A) Storage offlammable 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. It does not
appear that these trucks will 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:
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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.
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:
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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 ofa 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 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 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:
IPt
bvs
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A. Hours of operation: 6:30 a.m. to 5:00 p.m., Monday thru Friday
B. ' = a...._ _ �': maximum
o `: vehicle trips per day shall be allowed which shall be limited to all delivery / employee/
k trucks to and from the site;
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 bent ah/ djacent to the structure;
F. No retai sales. traffic to site; O /' W Atlead%
G. The exteno ie structure shall be tan to 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 pump test to
determine the physical water supply and the water quality. The well shall be tested for 4 hours and
Capital Construction, LLC.
Special Use Permit
BOCC — 7/19/03
Page 14
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).
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. All residential units shall be removed from the property.
11. Waste created by the use shall be stored in
regularly. Co del
garbage receptacles and disposed of
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.
1 A chan o the S ial Use P it for an . ice, ,lumb..: ateria
ssoci d co a vehic king, wi equire a - peci.1 :e
age ware
and
14. Prior to the issuance of the actual Special Use Permit, the Applicant shall comply with the
following recommendations of the Carbondale and Rural Fire Protection District (letter dated June
27, 2003):
A. A fire apparatus road shall be provided within the 150 feet of the exterior walls of the first floor
of the structure.
i. The apparatus road shall have a minimum unobstructed width of 20 feet.
ii. A minimum vertical clearance of 13' 6" shall be provided for the apparatus access road.
B. The fire apparatus access road shall be capable of supporting the imposed load of the apparatus
and shall be of an all-weather design.
C. A dead-end fire apparatus access road in excess of 150 feet in length shall be provided with an
approved means for turning the apparatus around.
D. An approved key box "Knox Box" shall be provided at the main entrance to the building.
E. Since there is no water supply for fire protection and there are no fire hydrants available to
serve the property and provide adequate fire flows, an automatic fire sprinkler system shall be
installed within the structure meeting the requirements of NFPA-13, Standard for the
Installation of Sprinkler Systems, 2002 edition.
(31/114-' "71/14CYt-- -7201 oke --7/71
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da/Iti 92/Y41 7)-
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 1/2 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.
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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 retum 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.
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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
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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.
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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 21". 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.
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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.
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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, 15% would allow for 18,942 sq. ft. to be occupied by buildings, structures, parking
Capital Construction, LLC.
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Page 8
and drives.
Section 5.03.07IIndustrialOperations]:
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.
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(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.
(E) That suff cient 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. ft. 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.
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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 [Industrial 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:
(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.
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Page 11
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, br 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.
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(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
(A) Storage offlammable 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.
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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
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
Capital Construction, LLC.
Special Use Permit
BOCC — 7/7/03
Page 14
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;
G. The exterior color of the structure shall be tan, to 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;
Capital Construction, LLC.
Special Use Permit
BOCC — 7/7/03
Page 15
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.
Jul 13 04 07:40a
District 1 970-945-1318
Garfield County
Road and Bridge, District 1
7300 Hwy 82, Glenwood Springs, CO 81601
970-945-1223 ph, 945-1318 fax
Date: 06-29-04
To: Fred Jarman
Building and Planning
From: Bobby Branham
Road and Bridge Dist. 1
Re: Special Use Permit; Capital Construction LLC
Fred,
Attached please find my letter dated 06-24-03 to Tamara Preghl. All of the
comments and concent listed there will still apply.
With regard to the changes, the new plan shows a 28 foot access to the county
road. We would request that the access be widened to 40 feet.
/CY71
Bobby Branham
Dist. 1 Road and Bridge
EXHIBIT
RECEIVED
JUL 1 3 2004
GARHELD COUNTY
BUILDING & PLANNING
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. 1
Re: Special Use Permit; Capital Construction LLC
The following are a listing of comments and concerns regarding the above stated
project.
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 of compacted 3/4 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. All 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.
/t
Bobby Branham
Dist. 1 Road and Bridge
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.
Jul 16. 2004 1:41PM Precision Mechanical
970 945-1412 p.3
FROM : RLI PHDFE NO. : 9703456150
ROBINSON
LAND IMPROVEMENT INC.
Par-./ Qy7 - / v / 2
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Loin C-itwv 56Z0m
Rpr. 06 2004 12:57PM PI
6 el
?4, Epp ter?rei enes reo A. %c ss
Z. S 7 c n wA re -r- /94-7ef---^JA).42-C- Mite CR4ss
Z-0% S< 32 i3/14,e-
/0 711 etl MC:5 pcvtr
0912 County Boad 113 • Carbondale, CO 61623 • Phone -Fax 1970% 945-6150
Est, 1990
Jul 18 2004 1:41PM Precision Mechanical
FAX
TO: Fred Jarman
Phone
Fax Phone
I RE: Special Use
970 945-1412 P.1
I Date Friday, July 16, 2004
Number of pages including cover sheet One
FROM: Doug Mochrie
Precision Mechanical
0241 Cnty Rd 167
Glenwood Springs Co.
81601
Phone 970-945-1441
Fax Phone 970-945-1412
IREMARKS: 0 Urgent For your review ❑ Reply ASAP E Please Comment
Attached please find a seed mix specification for the xeriscape landscape areas, a copy of the
pump test on the well. For you information, the original application includes an investigation of
the suitability of the existing septic system for the proposed use. The findings are that the
septic system are adequate for the new use. If you have any questions, please do not hesitate
to contact me or Davis Farrar.
Sincerely,
RECEIVED
JUL 1 6 2004
GARFIELD COUNTY
BUILDING & PLANNING
1
Jul 16 2004 1:41PM Precision Mechanical
970 945-1412 p.2
gwnp Inc.
8611 County. '.Road 117
Qla weal Spring, CO 81601
thione. 970-945.6159
COL 970-948-6159
Seta: 970-945.6159
Well Test
DATE: March 23, 2004
TO: Precision Mechanical
0241 Co Rd 167
Glenwood Springs, Co. 81601
RE: Cattle Creek Property Well Test
Attn: Doug,
7 & M Pump Inc. performed a four hour well test on the property located at Cattle Creek.
The following results were obtained:
Well Depth: @ 37'
Water Level: 3'8" measured from top of casing
Drawdown: 0"
Sustained Yield: 15 GPM
Clarity: Clear
Samples: State Standards Test
Comments: This well is adequate for three dwellings with a
usage of 350 gallons per day per dwelling.
If you have any questions, please call Rick at 9454159.
Richard A. Holub
Lic. No 1196
Thank You!
FAX
TO:
Phone
Fax Phone
RECEIVED
JUL 1 6 2004
CARF►>:•LO COUNTY
BUILDING & PLANNING
Fred Jarman
I RE:
Special Use
1 REMARKS:
❑ Urgent ® For your review
I Date Friday, Jud 16, 2004
INumber of pages including cover sheet One
FROM: Doug Mochrie
Precision Mechanical
0241 Cnty Rd 167
Glenwood Springs Co.
81601
Phone 970-945-1441
Fax Phone 970-945-1412
❑ Reply ASAP ❑ Please Comment
As an addendum to our previous fax, we received our well permit in the mail just a few minutes
ago.
/0"fk
'd a I .17 I-5176 OLE
jeotuegoew uotstoaJ,
WdEI:e -17OOZ 91 IAC
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COL taftDO DIVISION DOF WATmoRESOURCES
(303)888-3581
LIC
WELL PERMIT NUMBER 258142
DIV. 5 W038 DES. BASIN MD
DOUGLAS MOCHRIE
PO BOX 2237
GLENWOOD SPRINGS, CO 81601-
(970)945-1441
CHANGE!EXPANSION OF USE OF AN EXISTING WELL
ISSUANCE -OF THIS PERMIT DQE$ NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This web shall be used in such a way es to cause no material Injury to existing water rights. The Issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief In a civil court action.
2) The construction of this well shell be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors In accordance with Rule 18.
3) Approved pursuant to CRS 37-92.602(3)(b)(0, for a change of use on the well constructed under permit no.19748, end the
policy of the State Engineer for appropriation of ground water tributary to Colorado River system.
4) 'The use of ground water from this well Is limited to drinking and sanitary Mollifies as described In CRS 37-92-802(1)(c),
for a commercial business. Water from this well shall not be used for lawn or landscape irrigation or for any other purpose
outside the business building structure.
5) The issuance of Ibis permit hereby cancels permit no. 19748.
6) The pumping rate of this well shall not exceed 15 GPM.
7) The annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot (108,800 gallons).
8) Approved as the only well on a tract of land of 2.92 aae(s) described ase portion of the NW 114 of the NW 1(4 of Sec. 17,
Twp. 7 South, Rng. 88 West, 8th p.m., Garfield County, reference attached exhibit W.
9) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system In which the well Is located.
10) A totalizing flow meter must be Installed on this web and maintained in good working order. Permanent records of all
diversions must be maintained by the weltowner(recorded at least annually) and submitted to the Division Engineer upon
request.
11) This well must be located not more than 200 feet from the location specified on this permit - u 7,42/oy
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 NW 1/4 Section 17
Township 7 S Range 88 W Sixth P.M.
DISTANCES FROM SECTION LINES
4560 FL from South Section Line
4880 Ft. from East Section Line
UTM COORDINATES
Northing:
Easting:
APPROVED
JSG
,Receipt No.0523263
State Engineer
DATE ISSUED 07-12-2004 a EXPIRATION DATE 07-12-2006
a'd 2t*I-S46 OL6
1eo>:ueyoaW uotscoaJd
WdE1:a *002 91 TIC
SCHMUESER GORDONI
MEYER
ENGINEERS SURVEYORS
July 14, 2004
Mr. Mark Bean, Planning Director
Garfield County
108 Eighth Street, Suite 201
Glenwood Springs CO 81601
GLENWOOD SPRINGS ASPEN CRESTED BUTTE
118 W. 671-I. SUITE 200 P.O. BOX 2155 P.O. 80X 3088
GLENWOOD SPRINGS, CO 8 1601 ASPEN. CO 81 61 2 CRESTED BUTTE. CO 81 224
970-945-1004 970-925-6727 970-349-5355
FX: 970-945-5948 FX: 970-925-4157 FX: 970-349-5358
RECEIVED
JUL 1 6 2004
GARFIELD COUNTY
BUILDINGS, PLANNING
RE: Cattle Creek Land Use Application
Capitol Construction (Doug Mochrie Special Use Permit)
Dear Mark:
The purpose of this letter is to comment on the upcoming public hearing on the Capitol
Construction Special Use Permit. I would urge the County staff, Planning and Zoning and
Commissioners to proceed cautiously with any development plans in this area. As 1 have stated
at earlier public meetings, the access from Cattle Creek Road onto Highway 82 is as unsafe as
any access in Western Colorado. There are more than seven different access points within 100
feet of Highway 82 on Cattle Creek Road. It is unclear who has the right-of-way. There are no
auxiliary lanes on Highway 82. There is an extremely unsafe median strip, which people use for
a false sense of security within Highway 82. Adding additional traffic, particularly industrial truck
uses, would only magnify those problems.
Cattle Creek residents have been ignored as of recent history about concerns of the commercial
use that is taking place at the mouth of Cattle Creek. I have been told that both Pine Stone
Company and the adjoining stone company are in violation of their Special Use Permits, yet
Garfield County seems to be taking a "hands off' position. The project near the go-cart property
under the ownership of Wayne Rudd has violated every environmental land use and common
sense development regulation that I am aware of. As an owner of an engineering firm that
works diligently to advise clients to follow the Rules and Regulations of Garfield County, it is
discouraging to see projects that do not abide by the same rules as the rest of us.
If there is any positive aspect of the poor planning that has occurred at the mouth of Cattle
Creek, it is that it has finally galvanized some of the residents in our neighborhoods along Cattle
Creek Road who, I hope, will have a say in some of these land use activities occurring in the
future.
Admittedly, I am not aware of the details surrounding the public hearing for Capitol Construction;
however, from a broad perspective, Garfield County should proceed cautiously in this area so
that additional precedence's are not set to perpetuate the lack of land use planning along this
corridor.
Sincerely,
SCHMUESER GORDON MEYER, INC.
Louis Meyer, P.E., President
LOM:lec
L:1IcampbeltLOM17-14-04 Ilr to Bean doc