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Home My WebLink About2.0 BOCC Staff Report 09.08.2008Exhibits for Public Hearing: 09/08/2008 Board of County Commissioners Exhibit ,.� A Proof of Publication B Proof of Mailing C Zoning Resolution of 1978, as amended D Special Use Permit Application E Staff Memorandum F Letter in opposition from Bart and Lynne Turner dated July 7, 2008 G Petition in favor of SUP signed by 23 neighbors dated 7/10/08 H Letter in opposition from Becky Warner dated 9/3/08 I Letter in opposition fromlMary Anderson dated 9/3/08 J La/ n 17,474,idnvAA ouM/v ✓ GY'Nii N 91k/Ai Project Information and Staff Comments REQUEST PROPERTY OWNER LOCATION WATER/SEWER EXISTING ZONING PARCEL NUMBER BOCC 09/08/2008 FJ EXHIBIT Special Use Permit to allow a Con rac or s Yard in the ARRD Zone District Hank & Kamron Kracht 0643 County Road 337 on Morrisiana Mesa (Tract 12 Morrisiana Ranch) WeII/ISDS Agricultural / Residential / Rural Density (ARRD) 2407-034-00-027 I. REQUEST The Applicant requests the Board of County Commissioners (the Board) approve a Special Use Permit (SUP) allowing a "Contractor's Yard" on a parcel zoned Agricultural / Residential / Rural Density (ARRD). Contractor's Yards are contemplated in this Zone district as a Special Use (§3.02.03) and defined in the Zoning Resolution in Section 2.02.1555 as the following: The use of land for the purpose of storing machinery, equipment and supplies for an individual business that provides services to clients through the use of machinery, equipment or supplies. Such use may include office and repair facilities. II. PROJECT DESCRIPTION Hank and Kamron Kracht (pronounced Kraft) own a 9.88 -acre tract on Morrisiana Mesa which has been improved by a single-family dwelling, shop / barn building, ag. barn, and where the bulk of the property is presently in active agricultural operations (hay -field production / pasturing horses). The Krachts have operated a water hauling business for the last two years at this location which basically consists of operating four small (80 barrel) water trucks used in the oil / gas field hauling water for dust control for various operations. The drivers (up to 8 employees) come to the property early in the morning, leave their personal vehicles and take the water trucks and return at the end of the day leaving the trucks parked at the property. (From May to September, two of the trucks stay up in the Piceance Creek area. From October to April, two trucks are parked in the shop/ barn.) 1 BOCC 09/08/2008 FJ The Krachts do minimal maintenance (oil change/ lube) at the shop but have the trucks primarily maintained at manufacturer / dealers staying within the terms of the warranty. The Krachts propose to replace their existing (65' x 50') shop / barn with a slightly larger (80' x 50') building in the same general footprint to house the shop, increase storage, and provide two bays for parking and working on the water trucks. Photo: One of the 80 -barrel water trucks parked next to employee vehicles at the property. Photo: Kracht residence and the shop / barn which they intend to enlarge. The property is accessed from County Road 337 by a privately maintained, gravel - surfaced private driveway which is shared by three properties. - 2 - BOCC 09/08/2008 FJ III. Review Standards The Applicant's request is consistent with the definition of a Contractors Yard approved by the Board of County Commissioners. Contractors Yard Definition: "The use of land for the purpose of storing machinery, equipment and supplies for an individual business that provides services to clients through the use of the machinery, equipment or supplies. Such use may include office and repair facilities." The application must satisfy the requirements set forth in Section 5.03, and 5.03.07 and 5.03.08. 4 5.03 Review 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; Staff Finding The property is served by a permitted well and ISDS. The water used for the business is not obtained from the property. The well (augmented by a West Divide Water Conservancy Contract) and ditch shares provide adequate legal and physical water to the residence and agricultural activities and is properly augmented to do so. The Krachts state that they occasionally wash their trucks on site. Originally, the Krachts proposed a bathroom in the new shop / barn but it would have required a new augmentation contract which was significantly costly. The existing structure does not have a bathroom and they have since deleted that request from this application. Staff finds that there is no need for the bathroom or additional ISDS. Staff does suggest the Board require that washing of the vehicles occur at a location permitted for that water use as it does not appear the well permit and augmentation plan allow for that use. 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; Staff Finding The truck trips generated can be characterized by 2 employees (drivers) employees coming in the morning to pick up their two water trucks and returning at the end of the day. At most, if all four trucks are at the property, then 4 employees drive in and out in the AM and in and out in the PM for a maximum of 16 one-way trips per day. Public access to the property is provided by CR 337 which terminates and then a private drive picks up that provides access to the property which is also shared by two other properties. Staff is unaware of any legal document that dictates the terms of the use of - 3 - BOCC 09/08/2008 FJ the shared driveway; except to say, the Krachts have explained that they provide much of the annual maintenance and dust control. The Application contained a resort by JR Engineering which conrlu les that the shared driveway and parkino_area are adequate to }iandle the proposed use and that impact to adjacent property owners appears to be minima o none eased on the dis ance a o ay. a re erred a similar application with much fewer trips to the County Road and Bridge Department which provided the following comments that are germane to this application, but were requirements of the neighbor, Jabs: Garfield County Road & Bridge has no objections to this application with the following comments • Cr. 337 is a narrow gravel road with residents close to the road and their quality of life needs to be taken into consideration with the addition of truck traffic on Cr. 337 • A stop sign shall be placed at the intersection of the driveway and Cr. 337. The stop sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices) • Any vehicle exceeding Garfield Couty oversize/overweight lit shall have an oversize/overweight permit issued by Gfield County Road_& -B ridge Department. Staff finds that no additional improvements to CR337 or the shared driveway are necessary with the exception of general dust control and annual maintenance already being performed on the shared driveway. 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; Staff Finding. The established neighborhood character is primarily defined as 10 -acre small farming tracts with residences. Much of the surrounding properties are in active hay -production with horse pasturing. The subject property can be described in the same manner where the Krachts farm the bulk of their 10 -acres but also operate a minimal water hauling business. The property is extremely well kept, well designed and organized. It would appear, if the 2 to 4 "1-1 & K" trucks were not parked on the property, one would not know that there was any business operating from the property. There is no signage, no adverse lighting, employees are limited to picking up and dropping off the 2 to 4 water trucks, there is no outdoor storage of any kind on the property. This use operates more like a "home occupation" than a typical Contractor's Yard. -4- BOCC 09/08/2008 FJ The business use does not include any outdoor storage of "equipment." The trucks are the only component of this operation which is not screened. From the site visit, Staff concludes that there is no need to screen the trucks on the property as they are fairly secluded from view from most, if not all residences, in the area. (Staff will provide a PowerPoint presentation with photos that will show the general character of the area and the lack of visual impact to neighboring properties in the area. As the trucks are parked now, they are not visible at all from the public right-of-way (CR 337 or CR301). More specifically, they cannot be seen from the north, south or east as they are blocked by topography and the Kracht's residence and shop / barn. Nonetheless, the Krachts have committed to planting 10 — 12 evergreen trees along the south side of the barn and parking area to better screen the trucks. Staff believes this is well intended, will add value to their property, and will effectively screen the vehicles from most viewpoints. Lastly, the minimal trips generated by these trucks are less impacting than some of the agricultural activities that are a use -by -right in the same zone district. Staff finds that this use will not detract from the established neighborhood character. Section 5.03.07 Industrial Operation The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: 1. Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding There is little or no run-off or water use associated with the vehicle repair and maintenance activity, as washing the vehicles is not permitted and there are no employees to require additional sanitary facilities. 2. Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding Staff recommends periodic treatment of the gravel driveway to reduce dust emissions. The proposed use is required to do maintenance inside and the only noise is from the 2 to 4 vehicles leaving and returning to the property. The residential / agricultural nature of the neighborhood and adjacent uses would allow for a daytime dbA of 55 (7 am to 7 pm) and 50 dbA at night (7 pm to 7 am). Noise level may exceed the Residential level of 55 daytime by no more than 10 db(A) not to exceed 15 minutes in any one-hour period. Noise generated by the proposed use will need to be demonstrated to be within the parameters for the existing residential neighborhood and shall be required to comply with State Statute 25-12-103. The used oil from this use will be collected on-site then taken to - 5 - BOCC 09/08/2008 FJ a location legally able to handle waste oil. 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; Staff Finding Wildlife is more apt to utilize the open pasture area surrounding the property because there is little human activity there, and alfalfa fields are attractive to ungulates. The use is centered in and adjacent to the shop building, so there would be little disturbance to wildlife. Any native vegetation has long since been removed by agricultural operations of the ranch from which this tract was created. Staff recommends that the Applicant control noxious weeds and minimize disturbance. Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Findin The truck trips generated can be characterized by 2 employees (drivers) employees coming in the morning to pick up their two water trucks and returning at the end of the day. At most, if all four trucks are at the property, then 4 employees drive in and out in the AM and in and out in the PM for a maximum of 16 one-way trips per day. Public access to the property is provided by CR 337 which terminates and then a private drive picks up that provides access to the property which is also shared by two other properties. Staff is unaware of any legal document that dictates the terms of the use of the shared driveway; except to say, the Krachts have explained that they provide much of the annual maintenance and dust control. The Application contained a report by JR Engineering which concludes that the shared driveway and parking area are adequate to handle roposed use and that impact to adjacent property owners appears to be based on the distance all of the homes are from the common driveway. Staff a so r red a similar application with much fewer trips to the County Road and Bridge Department which provided the following comments that are germane to this application, but were requirements of the neighbor, Jabs: Garfield County Road & Bridge has no objections to this application with the following comments • Cr. 337 is a narrow gravel road with residents close to the road and their quality of life needs to be taken into consideration with the addition of truck traffic on Cr. 337 • A stop sign shall be placed at the intersection of the driveway and Cr. 337. The stop sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices) • Any vehicle exceeding Garfield County oversize/overweight limit shall have an BOCC 09/08/2008 FJ oversize/overweight permit issued by Garfield County Road & Bridge Department. Staff finds that no additional improvements to CR337 or the shared driveway are necessary with the exception of general dust control and annual maintenance already being performed on the shared driveway. That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding The parking of 4 trucks and the proposed shop / barn constituting a Contractor's Yard area is adequately separated from the adjacent parcels. More than that, it is well buffered from all residential structures in the area. The operation of a Contractor's Yard is not expected to impact adjacent uses. Permits may be granted for those uses with provisions that provide adequate mitigation for the following: 1. A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; 2. 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; Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding Because the use on-site is limited to minor maintenance, limited storage of components and equipment that is adequately screened and enclosed, and the use is proposed to be administrated by conditions set forth by the BOCC in the SUP, Staff feels that no additional security or permits are necessary. IV. SUGGESTED FINDINGS A. That proper public notice was provided as required for the hearing before the Board of County Commissioners; -7- BOCC 09/08/2008 FJ B. That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting; C. The Application is in conformance with §3.02.03, §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; and D. That for the above stated and other reason, the proposed Special Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County. V. STAFF RECOMMENDATION Staff recommends approval of the proposed Special Use Permit allowing a "Contractor's Yard" with the following conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Volume and sound generated shall comply with the standards set forth for residential neighborhoods in the Colorado Revised State Statute 25-12-103, and 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. 3. No vehicles to be serviced beyond reasonable maintenance may be stored on site. 4. The Applicant shall prepare and submit a Stormwater Management Plan utilizing Best Management Practices, and shall implement the plan in conduct of this permit. 5. Storage of flammable material shall be conducted so as to meet all applicable regulations utilizing the practices identified in the Stormwater Management Plan, meet all local, County, State and Federal regulations and comply with CRS 30- 20-105. 6. No more than 420 gallons of used oil may accumulate in a six -month's time period, and no accumulation shall be greater than that at any time. That accumulation must be stored in a labeled container that meets the requirements set forth in all local, State, County and Federal regulations for the proper storage of used oil and other chemicals. The containers are then to be stored inside a properly sized safety vault that serves as a containment basin and meet any required containment and spill management requirements set forth by Federal, State, and County and local regulation to prevent spills onto the property and beyond. 7. The applicant must have fire safety plan in place to safeguard persons on or near the property. These measures shall include the safety to animals and wildlife. -8- BOCC 09108/2008 FJ The plan shall be reviewed to the satisfaction of the fire protection service provider. 8. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway at an acceptable level, no less than once a year. 9. Emission of smoke and particulate matter: Every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations; 10. 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; 1. 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; 12.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. 13.Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. �. . n 4711 s, 1(4 ph4 /D-�Z tr $g,')1,it74/- 02 -9- J Bart Turner July 7, 2008 To: The Board of County Commissioners And Planning Department 108 8th Street Suite 401 Glenwood springs, CO 81601 Dear Planning Department, 9211 Dove Meadow Dr. Dallas, Texas 75243 EXHIBIT r� RECEIVED JUL 2 1 2008 GARFIELD i. OuNTY BUILDING & PLANNING We would like to go on record that we oppose a Special Use Permit for a Contractors Yard permit being heard on August, 04, 2008 at 1:15pm for Hank T. Kracht & Kamron Dimarco-Kracht property located on approximately 9.86 acres Plat Morrisania Mesa Tract 12, addressed at 0643 County Road 337, Parachute CO 81635. We are located due West on Tract 11 and enjoy and want to preserve the integrity of the (ARRD) zone distinction as it is. We fear that increased traffic would be a safety concem as well as truck traffic at early and late hours would deteriorate the quality of life enjoyed there currently and property values would suffer as a result. From an environmental stand point, we are not interested in seeing the introduction of chemicals and by products being introduced to a residential area from construction sites or natural gas exploration and production. ncer y, J. Bart T er Ly ,"Perry -Turner EXHIBIT September 3, 2008 Attn: Fred Jarman 3 pages Re: Kamron and Hank Krachts Special Use Permit Signatures of my surrounding neighbors please take note of the addresses you will see most of the signatures we received were from neighbors that live by Hank and I. Thanks again Kamron Kracht end OE:91, CO -6O -800Z July 10, 2008 The following signatures are in favor, and support Hank and Kamron Kracht Special Use permit at 0643. County Rd 337 Parachute -Co. 1. gaud) g 3. ' Address aye G7o &' 33 8 Address acg djr a3 fige eg -&—. Address 0.2 ,Sc 4 35 icJIAddress s i- ...0 1.. Address 33. (' 3 3r) »M Address 777 CR 3 3 7 Address,/0 (' f7 a37 LOw: ca......," Address 0683 C..51 0 3? ? Address 10 ' :. ��=J, ✓ Address 043 nit , ,3) 7 4 11. gift 4 viii o� Address,. las- 37 Pet / 12. Ai 4 Address 113 C&, ?SI 4 eiz d cc OE;91 CO -60-800Z Address7Co. (240 ?3 4— Address / `k'6 5SOir Addres Address Address Address .73-/ Coe/41-7,d 30 / s f4 c41ciet fro 8:2t3-1- (&�'i 4 C.„4), FL. Lw._ c.2 g-14% wo I QB 41.332 4-- llc�f c l< '3a p6 41D44ur»%0 17L3. 6.f& C� s 0 37635-- CJC d C R. 3o/_ 69 otzz C( '' e7/'c s o ec -y,ed:337 E-- Pan tat u '`r cd 3'i (o 35 o;.5 is CR SsS &iG-s::> (- 466et, , get, .Sys . g103s-1-c- M44/,dhwl., Cc 4,66 Wit._. 4 f rniz citutE, co 2765 • Woo CC 31o, Pro\ c ll,i (� o (coo at •31f() i To-nackiA Cc) "7d.c QC 91 CO -6O -800Z REGARDING: SPECIAL USE PERMITT Hank and Kamron Kracht Tract 12 Morrisania Mesa 0643 CR 337 Parachute, CO 81635 COUNTY COMMISSIONERS: Larry McCown John Martin Tresi Houpt EXHIBIT I/‘ My name is Becky Warner. I reside at 0465 CR 340, Parachute, CO, known as Tract 23, Morrisania Mesa and I own Tract 5 where I plan to reside. These two parcels are north and south of Tract 12 owned by Hank and Kamron Kracht. I would like to go on record that I oppose a Special Use Permit for a Contractors Yard and the Industrial use for the property know as 0643 CR 337, Parachute, Colorado. My story: I found Morrisania Mesa the first time back in 1974 when as a young homemaker I wanted to can cherries. My mom and I traveled from Carbondale and Basalt to the Eames Orchard to pick cherries. I again found Morrisania Mesa in 1999 when I wanted to relocate to the Parachute area to live closer to my daughter, son -in -Law and grand children in order to have family closer and to raise my son Wyatt. I eventually ended up buying Tract 5. Anyone who knows me knows how elated I was to have found such a great place to build a home. I have told everyone that I truly believed I had found my piece of heaven right here on earth and that I felt like Julie Andrews in the Sound of Music when I stood in the middle of this piece of property. In June of 2005 I purchased the home I now live in at 0465 CR 340. The reason that I chose to live on Morrisaina Mesa is this. AGRICULTURAL RURAL RESIDENTIAL DENSITY. I wanted to live out of town where I could have my horses, ride my horses, have chickens, a place to raise a garden, farm, enjoy the wildlife and mostly enjoy the fact that I didn't have close neighbors and could raise my son in a country environment. BUT NEVER on my list of positives, were the ideas, that I or a neighbor could or would turn Morrisania Mesa into a Contractors Yard area or worse yet an Industrial area! This is not what Morrisania Mesa is about. It never was! Morrisania Mesa has a rich, rural history of farming, fruit growing that most of us are proud that we are currently a part of. We choose to live here, to raise our kids in the country, to retire and enjoy quality country living on a Mesa with pristine views. The investment made in order to live here is great. My whole Life investments are in these two properties. My future depends on these two investments for my retirement and enjoyment of life. I truly believe that this is the reason the majority of property owners purchased and have made their homes on Morrisania Mesa. Your approval of Special Use permits for Contractors Yards on Morrisania Mesa damage the integrity of our rural community and everyone's property values. You, as our representatives need to consider this matter closely. If you pass this permit, it will only open the door for others. We need to STOP this now! Section 5.03.11 of the County regulations state that the BOCC may deny a special use based on the lack of physical separation in terms of distance from similar uses. In July, the BOCC approved a special use permit for Jason and Kelli Jabs, which share a common property pin (Jab SE, Kracht NW) and the respective homes are approximately 200 feet apart. Two contractor's yards in such close proximity will only further erode the rural charm of this area, increase traffic, and change the character of the neighborhood. Instead of being a rural, agricultural neighborhood, these types of uses will convert our beautiful mesa to an industrial area. Please don't let this happen. I would like to remind all that it is my constitutional right to express my opinion on this matter and I have no animosity towards any of my neighbors. I ask that the County Commissioners deny the request for the Kracht Special Use Permit before you now for consideration. Respectfully submitted this 3`a day of September, 2008. Becky Warner Pieyace, ict -Pcs /kik REGARDING: SPECIAL USE PERMIT Hank and Kamron Kracht Tract 12 Morrisania Mesa 0643 CR 337 Parachute, CO 81635 COUNTY COMMISSIONERS: Larry McCown John Martin Tresi Houpt To Whom It May Concern: EXHIBIT I am writing a letter pertaining to the Special Use Permit submitted by Hank and Kamron Kracht on Tract 12, Morrisania Mesa or 0643 CR 337, Parachute, CO 81635. I am friends with the Krachts' and have helped Kamron's daughter with her barrel horse on numerous occasions! I am opposing the special use permit and would oppose this issue no matter who was applying. After all, the special use permitting process does allow for the area residents to express their views on the special use. It appears to me that a petition that has been circulated and signed by numerous members of the Morrisania Mesa community should alert the commissioners to how the majority of the area residents feel about this issue. Isn't part of the hearing process to allow the residents who will be affected to voice their support and/or concern? And, if this is the case do the commissioners take the various positions expressed into consideration before they make their final decision? My residence is located at 0166 CR 340, Morrisania Mesa, Parachute, CO. My horses have been boarded on Morrisania Mesa since 1992 and I was very lucky to be able to purchase my current residence in 2006! I absolutely love where I live! It is a beautiful, small acreage area! There is an abundance of wildlife, hay fields, gardens, flowers, trees, lots of places to ride my horses, etc! I would love to see the area remain agricultural in its nature! This is my home and my largest investment. I would hate to see the property values diminished because of the impact if industrial type use is permitted. Driving west of Parachute there are several industrial type yards between the interstate and the old highway 6. They do not look inviting for anyone to want to build their home near. The residents on Morrisania Mesa have experienced impact on 301 Road from all of the oil and gas production currently taking place on and around the Mesa. This is the main road leading to Morrisania Mesa, not the side roads. Williams Production Company is currently paving 301 Road from the impact of their and many other companies trucks! 301 Road got extremely torn up. What will happen to all the county roads if the commissioners allow the area to be riddled with industrial type use? Will the county be aggressive in their endeavors to "fix" and keep up with the erosion of the roads? Please give serious consideration to this special use permit. Many residents would like to see the area stay agricultural in nature. It is where we live, have our animals, raise hay, etc. Please keep Morrisania Mesa a "country" setting! There is an abundance of Garfield County that could be utilized for industry -type businesses. Thank you for your time. Mary Anderson EXHIBIT MORRISANIA MESA RESIDENTS AND NEARBY RESIDENTS' LETTER OF CONCERN AND OPPOSITION TO THE KRACHT LAND USE APPLICATION FOR A CONDITIONAL USE PERMIT INVOLVING AN UNAUTHORIZED, NON -PERMITTED AND INVASIVE LAND USE. July 24, 2008 With this letter we the undersigned residents of Morrisania Mesa and surrounding area are submitting this letter of concern and petition to the Garfield County Board of Commissioners in opposition to the Kracht conditional use permit application. It shall be given to the Garfield County Board of Commissioners on August 4` , 2008 at 1:30 PM, This letter unequivocally indicates that we do not, in any way support the appllcation of Hank T. Kracht and Kameron Dimarco Kracht's request for a Conditional Use Permit for a "Contractors Yard" used to support the hauling of water to gas drilling locations. Location of the proposed "Contractors Yard": Tract 12 Original Plat of Morrisania Ranch, County of Garfield, State of Colorado. Also, known as a 10 acre property addressed as 0643 County,Road 33 7, Parachute, Co. 81635 t 'II 1' 1 AN'11 1!8';1.: .yr"'t \ I The water truck business fromfthis location has been and currently is an illegal •non - permitted use that has been on •gofng•for over` 2' years'Only when the County ' discovered this illegal use and tried to stop the use, did the Krachts seek approval to continue this non -permitted commercial use in an agricultural and residential area. We are not opposed to growth in the Parachute, Co. area,.Our opposition is not in any way personally driven. We are opposed to the transformation of our rural residential setting into a commercial business setting through the use of Conditional'or Special Use Permits. The County Commissioners need`to'suppoit'ihe sptrii�and`iptentllof the rA le' zoning and limit the use of Conditional or Special Use Pernuts which in effect transform precious rural residential areas into commercial and or industrial areas over time. We support established zoning regulations that residentialilareal`.slio\ild be'in residentially zoned areas and commercial businesses in'coinmercially zoned areas. ,,... ,,,., :,1113 used Ioan�tlnrrr The following is a list, not meant to be alt inclusive, expressing the concerns of the . residents in the Morrisania Mesa and surrounding area to this application: • J,1 .- e_, .... .. .. . ...i•• 1€•• .,.,17I �. i•l'i �.l�r•lthltt''-1:•raid. til f`far.... 1) There are several locations on the Mesa and in' surrounding areas that are • conducting commercial activities in violation of thle existing ARRD zoning and without permits. Others have permits.'Yet.if eacb1 of these non -permitted commercial activities 1s allowed to have' soma sort rltlof kermit to conduct their l• Itt• Ilr. l , businesses, the very essence and•intent ofARRD zoning for single family .,„..: .l11,11t .. ki it' ,:• • residential homes and agricultural use is. destroyed.f'•:.':;t. I'r til`: �)ilt rijrl� s:irinr it' :;:;1 :;t,rl►iatit n t,1 , :•: Ili,.11 • ilii iH ',II die IIS�;Ol1:4 lllllllltaEtl.Vl,,..., -. • .:'''I l 1111' spir It lt1 III, ':. • t)`.(2 1'1'1'1rIitS \YIlle11`I!1 1Cl. iii ,1� :I't'•I:i 11 C.: ...... ...•.. ..•..I..•.�.1, � L!lli,.,.l•....i1L11:;:,•.:.:..�lir..::.__.... • 2) This Is the second request for a Contractors Yard'on-County Road 3371n as many months. This Contractors Yard is located next door to the Contractors Yard approved In June, 2008. The County, if It_apprgyes..this application will have effectively created an expanding industrial park near the end of County Road 337. 3) County Road 337Is a gravel road that was not designed to carry large amounts of commercial truck traffic. If this Contractors Yard is approved residents on County Road 337 will be impacted by additional heavy trucks and the associated noise and dust. County Road 301 which feeds County Road 337 has been heavily potholed and rutted by the same truck traffic that is being proposed in this permit request. 4) Comme•cial/industrlal enterprises located in the same vicinity as residential homes cause the values of the residential property to go down. Residents of this area do not want to see their property values decrease. 5) There is an area 8.4 miles southwest of Parachute, Co. already zoned for Contractor's Yards. There is space available that can be purchased or rented for this kind of business. iurs 113141'011 Cnuull i.,,.,„ I.....li.,t .,.., 6) The Morrlsania Mesa is a pristine area that,has been adopted by'many retired and soon to be retired people who purcliased'prope n th ie area because'of the pristine setting and the Agricultural Ytural Ytesidentlal Denslty (ARRD) zoning. Commercial/industrial enterprises located in the same vicinity as residential areas shall, without question!cause the residential property values to go down.N6 oiie4riants to see theiklikielyt (infractors lar& k iiivestments reduced in value. ;, lair 11 um t.1';n 1 r. • II Ii11441 „C impacicd ter uddiriuual 1µ,1l' We appreciate the Commissioners taking the time to consider our hit ;I and this petition in opposition to the Kracht conditional use permit'applicatior Th'e'application attempts to legitimize in illegal nonconforming use that isnot allowed under the very permit provided to the county. Any approval shall impact all of us, now and in the future. Please, help us preserve the integrity of this very special' at�re��ata speaia�'area that we call home. We would like to keep it tbitway. Thank'Sion!V;11 If trfcasc-. Name (printed) Signature Address '. I ;` •1 •ur (fin • MS 7i A� .. fT_w , 1 �.. ' rtIs;:.;:cll n,. 111 ,,,. 1:11 +ltivll cifei/p'i.le, r ' r fn :i• :vnfst' fife t 'sid 'iiUu/ 1:4 pr, o. ;on. 11, comities itli CI111C011P. C111111 1 1(111:11 use hCrrhIt4nhYpi(?yi111on 'I h ,11:. ,.. 1 ❑ 14,c 11u 111�tiletilf[ )Ilmt,rl! ;: 2) This is the second request for a Contractors. Yard on County Road 337 in many months. This Contractors Yard is locatedine 4$ioor.to the Contr, ors Yard approved in June, 2008. The County, if it approves this applica J I n will have effectively created an expanding industrial park near the end : County Road 337. 3) County Road 337 is a gravel road that was not designed to c ry large amounts of commercial truck traffic. If this Contractors : rd is approved residents on County Road 337 will be Impacted by add onal heavy trucks and the associated noise and dust. County Road 301 • Icb feeds County Road 337 has been heavily potholed and rutted by re same truck traffic that is being proposed in this permit request. 4) Commerciallindustrial enterprises located . the same vicinity as residential homes cause the values of the residential : roperty;to go down. Residents of this area do not want to see their prop ty values decrease. 5) There is an area 8.4 miles southw . of Parachute; Co already zoned for Contractor's Yards. There is s • ce available that can be purchased or rented for this kind of business. ..., ,.,.wilt n ti ] rrci nn C uriiily.I;LIII .;J7 ,. 6) The Morrlsanla Mesa is' prlstine'area ttiaf acts tieenla.do ted y;Inany Ir retired and soon to be etired people who purc>iase `propeity iu rise area because of the prist e setting and the Agricultural Rural Residential Density (ARRD) zoning. nmerctulrndustrial enterprises located in the sane vicinity as residential a as shall, without questions causet'e{ie residential properly values to go r wn. No one wants to Insee their likely largtest 1 vestments reduced in value. •r .r:.e. 11 tits l,n.teat pct' tri r. ;:i;; : ..,.:u e in I,iel.t•d bi' ;ufililii iigl I. ,iv iru,. . iL rl•nl 1111'thhir ii fdeds i •--, s;� • We appreciat> r e Cot`nnissioneis,`takiog the time sol igrittier rcur concepts tn4t this .„ I r petition in • •position to the Kraclif conditional use permit application. .The application attempts o legitimize an illegal non -conforming use that is not allowed under the very permi •rovided to the county. Any approval ?hall impaotrall of us nowt and in the future. Ple: e, help us preserve the`integrity'of tiffs very spectakarpa,1 a s6ecjtei amen that we call me. We would like to keep it that way. Think your t�llms'itttr Name (printed) Signature' ' a Address tr uI&&d ' zu ,• d!fur C'�7T/ we slum k In .,1 shy 'C7iiY Iftcsult 4,'.: 'nand c, nrpines \sou lir, r I!(4( trrI v'..I rnu�e hr yrsd i ta,rrt„ \r, rine ii:1111 10r tr .:7lrcrrlrj j t(r t;w�hucrtts rr,' .;rl ...cc kik OH; pilin tot ck313 i 111 irfi r 55, !I'.t ht nivrof. III Top... l r m iriqjI*e•ttl'ft : 2) This is the second request for a Contractors Yard on County Road 337 in many months. This Contractors Yard is located next door to the Contra • ors Yard approved in June, 2008. The County, if it approves this appllcat , n will have effectively created an expanding industrial park near the end County Road 337. 3) County Road 337 is a gravel road that was not designed to c ry large amounts of commercial truck traffic. If this Contractors . rd Is approved residents on County Road 337 will be Impacted by add onal heavy trucks and the associated noise and dust. County Road 301 , Ich feeds County Road 337 has been heavily potholed and rutted by to same truck traffic that is being proposed in this permit request. 4) Comnterclal/industrlal enterprises located the same vicinity as residential homes cause the values of the residential . roperty to go down. Residents of this area do not want to see their prop ty values decrease.. 5) There is an area 8.4 miles southw; t of Parachute; Co. already zoned for Contractor's Yards. There is s 1 : ce available that can be purchased or rented for this Idnd of business. .• a ('u"I ruto s'ni3i .01,•-;!. R11ar :. :u,.•ir(t'• ilii (1, �„ ,: 6) The Morrlsania Mesa is' pristine area that:ltas been adopted by'many retired and soon to b edred people who purchased,property in the -area because of the prix a setting and the Agricultural Rural Residential Density (ARRD) zoning. 'ommerctalMdustrlal enterprises located to the sante vicinity as residential i eas shall, without question, cause the residential property values to go ' own. No one wants to see their Bhp; largest investments reduced in value. r. (iwi,tutSirr,r Islay, • uit;r„illIreiuipalcrl �I(itiiiiiiinii'. nl• ilniri 1411 ii 11! lr I'r',.L, We apprecia the Commissioners' taking the.timei to s?ns1der qur concerns and this petition i r .pposition to the Kracht conditional'iise permit application. The'applioation attemp o legitimize an illegal non -conforming use that is not allowed under the very pe ' provided to the'county. Any approval shall impact all of us" now and in the future. 1 r• r 4a nl,. tlra, Ur ..,..'We'.�. PI-: e, help us preserve the integ ity of this'very' special area, a special area that we call' me. We would like to keep it that ay. Thank ou' 11.-) 1' 1 I.`' ;''' I:I':' rr' ' Yid(' 1, f �j /r Name (printed)' 11$11-114w*Pu Signature Address .1111.11 11.1S ..,q„ I.. "I'' „ . 1lhc,il,liul)t }it` kau, �t�t • ' .h:rlrio/r•nu.s. o i,n red !'i 1/4; ❑",!l on, y,ie, uan, ((rat( lire 1'en(denieril pr'o/:;;. .,_ -:'/i,lur e.s.t 4.11;;1. ;at% al a; Fik if; ' LnliFfn l r111Clit' Mir rilii•i•flk:, 1 1Z c i,: niii(f rlic;,,nm. I11 •:o:-•,I,ii Ii-Rn,i1n71111lu-.tuellnil.t&J1l1L1LLLL1.\S'ed ljfWc _. 2) This is the second request for a Contractors Yard on County Road 337 in many months, This Contractors Yard is located, ext; door4q;the Contra ors Yard approved in June, 2008. The County, int approves.this appllcat r n will have effectively created an expanding industrial park near the end . County Road 337. 3) County Road 337 is a gravel road that was not designed to cry large amounts of commercial truck traffic. If this Contractors rd is approved residents on County Road 337 will be impacted by add onal heavy trucks and the associated noise and dust. County Road 301 ich feeds County Road 337 has been heavily potholed and rutted by e same truck traffic that is being proposed in this permit request. 4) Commercial/industrial enterprises located • the same vicinity as residential homes cause the values of the residential roperty to go down. Residents of this area do not want to see their prop , ty values decrease., 5) There is an area 8.4 miles southw, t of Parachutes Co. already zoned for Contractor's Yards. There is s (• ce available that can be purchased or rented for this kind of business. :.nu:ictiii S Yar(I'4j i (; .unl�• tt,:. • ', .)I r,,.1.,, l-.ir(l iti f;7.r t_, .. ... H';i ,}iiNlffri . ... __.. 6) The Morrisania Mesa is . pristine area thafiaos Been adopted by many retired and soon to b etired people whopurchased property in the area because of the prist , e setting and the Agricultural Rural Residential Density (ARRD) zoning. ronnntercial/iltdustrial entetyrises located in the same vicinity as residential a eas shall, without question,'canise t.16 f residential property values to go' oivu. No Dire tvaltis to see t/teir likely largest 1Jtvestntents'reduced hi value. r. 11 fin i.o IIYM,uI', 1:),k, .. :.ni be impncttedtb't Y;lifilifinnai f,r.. We apprecia the Commissioners taking the tune to conriler our concerns and this petition in .pposition to the Kracht conditional.d a permit application. The application attemp o legitimize an illegal non -conforming use that is not allowed under the very perm' provided to the county. Any approval shall impact all of us now and in the future. I impact le tt'iI Us ,. h ii, (t.in. P1=. e, help us preserve the mtegnty of this very. ectal f rk a use tea i area that lite call' me. We would like to keep algae w• ay Thank ' , , lucs de, . 9('' Name (printed) " Signature Address ,IRui uuu[ iitc�'locat �dd �first';' wirh rtta[t7TIdrir .:.,ii.ncts blimp the Will) 411644- •,. uco1161A. • 141 1—, RI drliHstnJnu,nul ilbc Ik*tnll( _, . ii!! iI.W , I It iti dkit401i46W , icl tI1i,; ._.. 1 Name (printed) Signature 2"'"�"yr ,.-- Tho .,.m Address part"?r. . dr rd a5 Name (printed) 'DE Sgt GG Signature Address 3625' GL 301 Name (printed) Signature Address 2-4(40.1 Xtb35' -4o4e!i/ A:// 362)C/1 -34d mo- C//141. C ® 2//p C Name (printed) E AEU. Signature Address 3 Ca36► PARA MATE co fcibt5:....,. Name (printed) ,e' l/ ,os tt Signature ,�c Address Q v ,7 et0 . � Name (printed) Signature Address cert p./G7S B/,A4r 4/1 `MP/e /J(l7.C:Vein- dr Name (printed) Toll Signature Address r, ?LUC //4/: /.9 PAX Acf/VT/s co S/69S Name (printed) (�� Signature/�. Address7 ;; 3` co. i A 361: J° r-cik r C,O VI, 3s— Namo (printed) JAN6.1,- 0e,5 aro ck Signature t�i��vu 4t..2Ai t -- Address 'j S g CA_ 3a 4 Name (printed) --1 & ii -.jai '-rcic Signature Address Name (printed) Signature Address 1 7Src►i 'o. -,r ,.(.-- 4,— G 43rd Name (printed) Signature Address dts c-41 Name (printed) WL- • ej(_ i61() Signature h Address 1 • CIV 0 '&31.-y:i'. . (2%- 3e/1l 635-:. • • Name (printed) en" Signature Address zsvi ct2 / :. ` t%..-tGo rtl63S Name (printed) Signature Ore__ Address Z er) C �!%r.Uztc�u CL) �Ih 3C Name (printed)C‘,974 Signature riir,1 Address c.. r O r/ ?e5rn(crAm(.�, (ci t // Name (printed) Signature (gym„ p ; J Address ;�IQ4 C 30\:�:.> ....:: - - !Jtt S Name (printed) Signature ..._... ;; .--..... . Address Name (printed) Signature Address ,i .P • Name (print) • `�'� �� f/, 1�'�� Signatu Address t;257 ( ' 33e tea" c C -e9 Name (printed) L)4VII4/ Signature F°e zeal Address p 4( ?59 R _ Name (printed) .7\ ) Signature C k n1Yk '%.. 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X 3377 y/r * / T i arh u I +P `r/ °a S/G 3 5` Name (printed) Signature Address • Name (print, �`4 Signature Address Name (printed) c_ Signature k—ea ela 147f %IS Address , s si Name (printed) Signature Address rcl- 3 Name (printed) 4E010 0 FCAP Signature Address CMI* el \o-Aawit (A coc.15' ) i Name (printed) 1047t: Signature Address Q1V4 33 St Name (printed) itbSti Signature Address 02.doe Yza. 336 ithrto4hifrviriweremetliike5rt Name (printed) Signature Address ' !!! Name (printed) Signature Address z 0 Q 0 J CL oo et_ O Q O a. H 1 0 Q Reasons for Denia U ...ff0 oes It It CO 0 cn U 0 No Proof of Lega 0) E d- 4-Qoct NN 2 0 N 0 ~ N N 0_ co W U 0 co (��•� ,� V) n co •_ ._ tai -C3 c O -�--+C a) w _c ii12,p O cn U '`'' (6 U N � O O . n c c scS (`7 E N N c O U p 01 Q O 4_ N� W N LO .,..' '2 O r c sin) 1)3 8 2 cm= s.. 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Such use may include office and repair facilities. General Information • Request • Owners • Location is Zoning ARRD • Site Data 9.88 acres • Access CR 337 (Private Driveway) • Water / Sewer Well / Septic • Parcel ID 2407-034-00-027 Special Use Permit for a Contractor's Yard Hank & Kamron Kracht Tract 12: Morrisania Mesa } 4,` -_ � . ($7.41117 / \ \ a. $ , =. :��r- Proposed Site Plan � _{ W General Information • Request • Owners • Location is Zoning ARRD • Site Data 9.88 acres • Access CR 337 (Private Driveway) • Water / Sewer Well / Septic • Parcel ID 2407-034-00-027 Special Use Permit for a Contractor's Yard Hank & Kamron Kracht Tract 12: Morrisania Mesa 1 } 4,` -_ � . ($7.41117 / \ \ a. $ , =. :��r- Proposed Site Plan � _{ 1 2 3 Review Standards • Utilities adequate to serve: • Street Improvements Adequate: • Designed to minimize Impact: • Lawful Use of Water. • Ability to Minimize Impacts on Adjacent Land: • Ability to Minimize Impact to wildlife: • Ability to Minimize Impacts from vehicle Trips • Sufficient Distance from other uses • Ability to rehabilitate Site post Use • Meets Industrial Performance Standards • Distance from other residences • Not in platted subdivision • Storage can be screened Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes General Use Characteristics • Haul water in 3 to 4 small (80 bbl) trucks; • Have up to 8 employees (drivers); ■ Operated (illegally) last 2 years; ■ Cited and requesting a SUP to operate; • Barn used to house / limited maintenance; ■ Propose to add 15 feet onto barn / shop; — • Leave in the AM and return in the PM; and • Ag operations on majority of property. Staff Recommendation: Approval With Conditions 1. That ell representations made by the Applicant shall be conditions of approval; 2. Volume an4sound generated shall comply with the standards set forth for residential neighborhoods in the Colorado Revised State Statute 25- 12-103, and 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. -Fn. 3. No vehicles to be serviced beyond reasonable maintenance may be stored on site. 4. The Applicant shall prepare and submit a Stormwater Management Plan utilizing Best Management Practices to ensure proper containment of any hazardous materials stored on site. Storm of flammable material shall be conducted so as to meet all all local, County, State and Federal regulations. 8. No more than 420 gallons of used oil may accumulate in a six -month's time period* 7. The applicant must have fire safety plan in place to safeguard persons on or near the property; 4 Conditions of Approval 8. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway at an acceptable leve , no less than once a year. 9. Emission of smoke and particulate matter. Every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations; 10. 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. 11. 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 recommendationslcomments from the appropriate local protection district; My 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. 13 Anyli htje of storage area shall be pointed downward and inward to the property center and shaded 10 prevent direct reflection on adjacent Preperb; 14. Adopt Road and Bridge concerns for a stop sign at the end of the private Drive Buffer Distances 5