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HomeMy WebLinkAbout3.1 Director's DecisionNovember 4, 2013 Gregory Shaner P.O. Box 1301 Rifle, CO 81650 Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 DIRECTOR DETERMINATION: KeIIy Porter ® Small Contractor's Yard (File No. GAPA 7613) Dear Greg: This letter is being provided to you as the authorized representative for Kelly Porter in regard to the Porter General Administrative Review Application for a Small Contractor's Yard. The proposed use is located at 2860 County Road 315 approximately 5% miles southeast of the City of Rifle. It is located on a portion of that property known by Assessor's Parcel No. 2179-291-00-715. The Application has been determined to be in compliance with all applicable provisions of the Unified Land Use Resolution of 2008 as amended and in effect at the time of Application submittal including proper public notice, adequacy of infrastructure based on the proposed use, and submittal waivers, subject to compliance with the Applicant's representations and the conditions of approval noted below: Director's Decision A Director Determination is hereby issued approving the Application subject to the following conditions: 1. All representation of the Applicant contained in the application including the site plan and overall dimensions of the contractor's yard shall be considered conditions of approval unless specifically modified by the Director Decision. The proposed contractor's yard area including the future storage area is approved as shown on the site plan. The contractor's yard areas shall be entirely located within the existing fenced area. 2. That the operation of the contractor's yard shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. Conditions Prior to Issuance of the Land Use Change Permit 3. Prior to issuance of the Land Use Change Permit the Applicant shall provide the following: 1 a. Updated drainage information confirming that the drainage improvements are sized to accommodate the contractor yard including the future storage area. b. Basic traffic information (ADT, Average Daily Traffic) for the County Road and estimated traffic from the contractor's yard. The report shall include a finding by a qualified professional of only minimal traffic impacts with no additional traffic or access improvements required, as represented in the Application. The finding shall include a maximum estimated traffic generation number consistent with the Applicant's reprosentations and compliance with said estimate shall be a condition of approval unless modified through a Land Use Change Permit Amendment. c. A dust suppression statement for the overall site including circulation areas and storage areas. d. A statement regarding the removal of the contractor's yard and reclaiming the site to agricultural uses should the contractor's yard use be discontinued. The representations shall include removal of contractor's material, equipment, and vehicles. e. An evaluation of noxious weed issues in conjunction with a site visit with the County Vegetation Manager. The Applicant shall document and implement a management plan acceptable to the County Vegetation Manager. Ongoing compliance with the plan shall be required along with compliance with the Garfield County Noxious Weed regulations. f. Plans for the installation of screening or comparable improvements to adequately obscure the contractor's yard activity from adjoining properties along the southerly property line adjacent to the adjoining driveway also known as Brandon Way. The screening may include fencing or other materials so long as they are continuously in place while the contractor's yard is in operation, are a minimum of 6 ft. in height, and are properly secured and stabilized. No screening shall be required along the north and east perimeter of the contractor's yard based on the existing ridge and topography which screens the facility from adjoining uses. This condition includes a waiver from the ULUR 8 ft. screening height requirement. Additional Conditions 4. The Applicant shall comply with Additional Standards for Industrial Uses contained in Section 7-1101 of the ULUR, including but not limited to noise restrictions, hours of operation limits, and the following conditions and waiver approvals. Noise limits shall be based on the C.R.S. Residential Zone standards, 2 a. Subject to compliance with the screening requirement noted above a waiver is granted from the 100 ft. setback requirement for industrial contractor's yard operations to allow contractor yard uses with a 25 ft. setback from the property lines adjacent to the County Road and south property line. b. The existing hay shed shall not be utilized in the contractor's yard operation and shall remain an agricultural building, but will be maintained as visual screening for the Contractor's Yard. Conversion of the hay shed to commercial use shall be subject to a Land Use Change Permit amendment request which may require approval of a front yard setback variance and submittal of structural engineering analyses and building permit review for the conversion of the use. 5. When the contractor's yard is in operation, the Applicant shall provide bottled water and shall maintain a portable toilet on site for employees that are working intermittently on site. The portable toilet shall be located in a screened portion of the contractor's yard and shall routinely be maintained. 6. Fuel storage shall comply with all State regulations and include proper containment as required by the State of Colorado. The fuel storage shall be installed and located as shown on the site plan adjacent to the existing Hay Shed and on a portion of the site not subject to any apparent geologic or drainage hazards. No other hazardous materials may be stored on the site. No structures are proposed or permitted associated with the contractor's yard. 7. The Applicant shall comply with the Colorado River Fire Rescue recommendation that Colorado State Forest Service guidelines for defensible zones for wildfire protection be followed. The contractor's yard operation shall maintain adequate separation from agricultural storage including hay and shall not allow uses that generate ignition hazards. 8. The Applicant shall maintain the existing agricultural fencing on the perimeter of the contractor's yard unless replaced by other screening fences. 9. The Applicant shall maintain and re -vegetate the drainage ditches and the sedimentation basin including cleaning and removal of sediment as needed. 10. Circulation and storage areas shall be maintained in a combination of gravel and compacted dirt surfacing. 11. All lighting will be the minimum necessary and shall comply with Section 7- 306 of the ULUR, including but not limited to being down directed, fully shielded, and directed inward toward the interior of the site. 3 This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. Once this time period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been resolved the Land Use Change Permit will be issued. Please contact this department if you have any questions. Sincerely, Fred A, Jarman, AICP Director of Community Development Department CC: Board of County Commissioners Carey Gagnon, Assistant County Attorney 4