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Home My WebLink About4.0 CorrespondenceGlenn Hartmann From: Greg Shaner [shaner@coloradorivereng.com] Sent: Tuesday, September 10, 2013 5:12 PM To: Glenn Hartmann Subject: Porter Contractor Yard Attachments: Extension.pdf Glenn, Attached is the extension as requested. I spoke with Kelly Porter regarding the screening and she is proposing the following: Since the hay barn is not longer being converted to an industrial use, the barn will be utilized as a hay barn containing hay bales and farm implements as historically used on the property. The housing of hay and farm implements will provide a screening barrier between the County Road to the west and the Small Contractor Yard that is consistent with the rural land uses along the roadway corridor. The private access road serves as a secondary access to the Eagle Springs property, but is a primary entrance to many gas well pad locations on the Eagle Springs property. While Eagle Springs is a rural zoned property, oil and gas drilling and production is a permitted industrial use per Table 3-403 of the Land Use and Development Code . Due to the industrial nature of the oil and gas development on the adjacent property, and industrial typical traffic generated along the access road for the oil & gas well pads, the small contractor yard use is consistent with the adjacent property uses and requires no additional screening or buffering. While it is the belief of the applicant that no action is required, Ms. Porter is sensitive to her neighbors concerns and is willing to use the land along the property line to store additional farm implements and agricultural items that she uses in her agricultural production. While these may not provide 100% screening, they will provide the allure of agricultural use of the property when the access road is used. Please let me know if you have any questions. Thank you so much for your time on this project and we look forward to a determination shortly. Best Regards, Gregory Shaner, PE Prinicpal Engineer 11 Colorado River Engineering 136 E. Third Street, Suite 101 Rifle, Colorado 81650 970.625.4933 office 1970.319.9744 mobile 1 Timeline Waiver Specified in the Unified Land Use Resolution of 2008, as amended, Land Use and Development Code And Colorado Revised Statutes 13 Date I ) /4 gy fes'' (print name) hereby waive any applicable timelines specified in the Garfield County Unified Land Use Resolution of 2008, as amended, Garfield County Land Use and Development Code, and in the Colorado Revised Statutes for scheduling and/or conducting public hearings and/or Director's Decisions for Porter Small Contractor Yard GAPA-7613 (project name and number). Sincerely, horized �( lica Aut pp nt or Property Owner Glenn Hartmann From: Steve Anthony Sent: Tuesday, October 15, 2013 4:25 PM To: Glenn Hartmann Cc: klporter33@yahoo.com Subject: Porter Yard GAPA 7613 Glenn, I did a site visit at Kelly Porter's for her contractor's yard. There are about 10 Russian knapweed plants located in one area. Kelly plans on treating those this fall. Let me know if you have questions. Thanks Steve Steve Anthony Garfield County Vegetation Manager 0375 CR 352, Bldg 2060 Rifle CO 81650 Office: 970-945-1377 x 4305 Fax: 970-625-5939 Email: santhonvCa?garfield-county.com 1 Glenn Hartmann From: Greg Shaner [shaner@coloradorivereng.com] Sent: Monday, September 23, 2013 3:17 PM To: Glenn Hartmann Cc: Tamra Allen Subject: RE: Porter Contractor's Yard Glenn, Thank you for sending this and your time spent reviewing the project. After receiving the recommendations I think that it would be best to meet directly to discuss the direction the County is pursuing, with perhaps Fred since we started the process with him. It seems the proposed additional conditions imposed by staff has strayed far from the intention of the code as directed by the County Commissioners, and the project seems to be shoe horned into something much larger than what it really is. With the additional financial burden that will be placed on this project to address the additional conditions I anticipate it will encourage the applicant to withdraw the application completely instead of see it through to the end, but that will be their decision. In your voice message you asked for a response to the conditions so here is a quick commentary that we can further expand upon in our meeting. 3.a. If the County Engineer would like to meet to review that would be fine. Per the provided sand filter design information, the tributary basin area used was 1.0 acres which exceeds the proposed small contractor yard of 0.967 acres. There are no additional impervious areas, or increase in tributary area, proposed in either the shown use or possible future yard expansion and it is anticipated the imperviousness of the property will not change substantially in either condition. In addition, the required design volume is 359 cf and the provided design is 500 cf. The intention of the response for a future drainage study was related to any future building or alterations that cannot be anticipated at this point (such as paving increasing the imperviousness). We can state for certainty the grading will not change drainage patterns with regards to adjacent properties, wetlands, water bodies, or discharge locations in accordance to the requirements of the Grading Permit process. 3.b. The request for a traffic waiver was to eliminate the unnecessary expense of a basic traffic analysis as cited in the conditions of approval. Per Garfield County Road and Bridge Mamm Creek is a major dedicated haul route for the oil and gas industry and in 2002 had 1300 ADT per Road and Bridge records. It was discussed in our pre -application conference that due to the existing heavy loading of CR 315, it was reasonable to state that this small of a project would have no relative impact and a waiver of the basic traffic analysis was appropriate. The ITE doesn't have a standardized used that is clearly applicable to a storage yard as proposed. I will confirm with the Applicant, but the site visits will be minimum, and possibly not even daily. The daily trip generation (on a day where an actual visit will occur) will be 2 trips (1 in and 1 out) over the entire day. If the County still requires a Basic Traffic Analysis per section 4-203-L-2 clarify this in the review comments since at that point the design waiver is denied. Please provide a thorough reasoning for the Basic Traffic Analysis request so that we can appropriately respond. 3.c. A dust suppression plan, for what? Provide further information and cite specific code sections for this requirement. Under Garfield County Grading Permit requirements, the site as proposed qualifies as a "Small Project" and requires no grading permit. If the storage yard is expanded the project will require a "Minor" grading permit. Either application does not require: A revegetation plan, a reclamation plan financial security or State Storm water Permit. Please provide the specific Garfield County code and reasoning that requires circulation to be improved with gravel. The site currently is a well compacted dirt pad that will not require reconstruction. No anticipated traffic loading with the proposed use dictates an increase in circulation material type or thickness. The site is private single use only, and if degradation of the circulation area occurs, it will be the requirement of the Owner or Lessee to repair to their satisfaction. 3.d. A reclamation plan? See 3.c above regarding grading permit requirements. The site is currently a barren non- irrigated graded pad area used for the storing of agricultural and hay production equipment. There is no "reclamation to 1 agricultural use" because no significant surface improvements have been proposed. If the County has recommendations on reclaiming to agricultural equipment storage yard we would entertain discussion to the agreement to that standard. 3.e. Noxious weed inventory/evaluation? As proposed, minor or no soil disturbance is being incurred. The site was naturally disturbed due to agricultural storage activities. I'm sure the applicant would be willing to have Steve visit and consult on a site walk through but it is not a mandate requirement of a Grading Permit based on level of disturbance. Refer to 3.c. 4.a. 6 -ft screening fencing is completely out of context with the surrounding land uses. Because the hay shed is roughly 3-5 ft higher and setback nearly 60 -ft, driving southbound on CR315 it is not possible to see the small contractor yard behind the shed. Driving northbound, due to the road being cut through the hillside and sage above it, there is only one moment (at the approach to thedriveway) that there is a clear visible look at the proposed storage area. As explained previously the access driveway on the south side of the property is used to access multiple industrial gas well pad sites, screening from similar use developments does not seem in support of the ULUR. The land owner directly to the south, who is the only property owner with direct visibility from the south, is in favor of this project and has no objections to no screening along the south property line. Under the explanation of the Staff Report every Industrial Use (i.e. gas pads since they are a ULUR "Industrial" use) would be required to meet this standard. This obviously is not the precedence in the rural remote parts of the County. We would appreciate the opportunity to further pursue this discussion with staff. 5. Please define "Temporary" employees. Employee use is not currently proposed for more than to drop off and pickup stored material. If temporary employee use is for an extended period, the lessee will be required to furnish the appropriate water and waste disposal facilities. These will be provided by the Lessee on a use basis so that the facilities can be maintained appropriately. Long term installation of a porta facility for the sake of "having one" is not recommended due to the negligence and spill potential that occurs from facilities that are not used and monitored weekly or monthly. We are recommending the language be altered so that in the tenant lease agreement the Property Owner requires the Lessee to provide water and sanitation facilities if temporary employee use (employees on site 2-6 hours) will be used. 6. Fuel storage is proposed as cited on Page 4 to be a typical 500 gallon elevated tank (or similar) with 150% containment. Engineering foundations are not required for these facilities or their containment and this condition needs to be removed. 8. Maintaining the existing agricultural fencing on the perimeter of the contractor yard is in conflict with previous direction of 4.a to install 6 -ft fencing. The applicant has the intention of maintaining the agricultural fencing in accordance with C.R.S 35-46. . et/ItPe/ 1)ao`! Is Best Regards, Gregory Shaner, PE Prinicpal Engineer 11 Colorado River Engineering 136 E. Third Street, Suite 101 Rifle, Colorado 81650 970.625.4933 office 970.319.9744 mobile 2 From: Glenn Hartmann[mailto:ghartmann(@garfield-countv.com] Sent: Wednesday, September 18, 2013 11:13 AM To: Greg Shaner Subject: Porter Contractor's Yard Hi Greg: I've attached the Staff Report and recommended conditions on the Porter Small Contractor's Yard application. Thanks for providing the additional submittals that we previously requested. I worked with Tamra on some of the more involved issues and waiver questions so I feel that we are basically ready to present for the Director's Approval. The recommendation includes a couple detailed sections on drainage, screening, and traffic. Please call so I can provide additional clarification regarding the conditions. It is our intent to keep the additional requirements consistent with the nature/scale of the proposal and still have a thorough approval record. I'll look forward to your call and the opportunity to explain the conditions in more detail. Sincerely, Glenn Hartmann Community Development Department 3 Glenn Hartmann From: Kyle Sanderson [Kyle@coloradorivereng.comj Sent: Wednesday, July 24, 2013 11:46 AM To: Glenn Hartmann Cc: Greg Shaner Subject: CRE Job# 967 - Porter Small Contractor Yard - Public Notice Mail Receipts Attachments: 2013-07-24 Public Notice Mail Receipts.pdf; mineral owner letter 1303017.pdf; Adjacent Property Owners.pdf Hello Mr. Hartmann, I have attached our proof of notification for the public notices required for Kelly Porter's Small Contractor Yard Application. I scanned in the certified mail receipts for each of the adjacent property owners and mineral right owners. I also included a list of the owner names for your reference. Let us know if you have any questions or comments. Thanks! Kyle Sanderson, E.I. Colorado River Engineering, Inc. 136 E 3rd Street, Rifle, CO 81650 Ph: 970-625-4933 Ext 116 Cell: 970-379-2131 E-mail: kvle(a�coloradoriverenq.com 1 0001 9808 U.S. Postal Servicers, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com;. :t Postage Certified Fee Rehm Receipt Fee (Endorsement Required) Restricted Delivery Fee 0 (Endorsement Required) m ru 0 r- 1-9 m a ..e 0 0" ra Rehm Receipt Fee (Endorsement Required) Total Postage & Fees 3 4 Date 7 /2ti /13 Job No. 9 G7 Job Name ?oc eC Lo,r\\ rar,voc I��p\ Description Q &\L C /\\..1 AZ, (_P S 1:.? 0,1/41v2-05Ov2-CS Page ) of Sent To BC�.{ RtkkSO.n+ 4 Sleet, Aix Ivo.- . or PO Box No. t�?�t gicx: c,. Ciy, State, ZIP+4 tt LL..11tLL�kk PS Form 3000, August2006 - - See Reverse for Instructions. 1.......1.1111.11111.1111111 U.S. Postai Servicer CERTIFIED MAIL. RECEIPT 1 (Domestic. 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Mo�.:�ras-L__.RC', CM Sta IP+4 - l� • Ia `` '7 MIL PS Form 280D, August 2006,See-Reverse for Instructions CERTIFIED:MADTr., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage Certified Fee .D Total Postage & Fees m ru rR 0 O ED rr r9 0 O O .D P1 m rs- Se{y�r To { /r� Y.icx*In.%6.:141... J.1._.COI fo ita do Street Apt No.; or PO Bax No. l (--_n!RCGSQ-l�li.-../."'--LCA-C/r City, State, ZIP+4, ` t ttrx t s4-rn rn , TX % %i n r r. ru 0 M1 Postage Codified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Requlred) Total Postage & Fees Serif To M(� L`/ Street A➢tN NernC"k - iJ Ce or PO Box No ON N State,ZIP+4 Commonwealth Title Company of Garfield County, Inc. 127 East 5r' Street Ritle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305 March 21, 2013 Gregory G. Shaner, PE Colorado River Engineering 136 E. 3rd Street Rifle, Colorado 81650 Re: Mineral Owners; CWT File No. 1303017 Dear Greg: We examined ownership of mineral rights on the Porter parcel (2179 291 00 715) based on the reservations identified in our title commitment number 1303017 and as reflected in recorded documents in the Garfield County Clerk and Recorder's Office for the following parcel: A tract of land situated in the NE% of Section 29, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on the Easterly right of way of County Road 315 whence the South Quarter of said Section 29 bears South 19°38'00" East 3166.02 feet; thence along said Easterly right of way North 02°37'41" West 185.34 feet; thence North 00°54'08" West 339.69 feet; thence along a curve to the left with an arc length of 213.61 feet, a radius of 1042.00 feet, a central angle of 11°44'44", a chord bearing of North 06°46'30" West a chord length of 213.23 feet, thence North 12°38'51" West 332.99 feet; thence along a curve to the left with an arc length of 284.22 feet, a radius of 672.60 feet, a central angle of 24°12'40", a chord bearing of North 24°46'28" West a chord length of 282.11 feet, thence along a curve to the right with a arc length of 134.91 feet, a radius of 460.02, a central angle of 16°48'10", a chord bearing of North 28°27'32" West a chord length of 134.42 feet thence departing said right of way South 88°00'46" East 314.20 feet; thence South 32°51'30" East 262.83 feet; thence North 89°20'31" East 84.74; thence North 28°54'11" East 96.72 feet; thence North 48°36'38" East 164.87 feet; thence North 50°41'31" East 140.49 feet; thence North 69°06'08" East 199.39 feet; thence South 66°43'14" East 216.29 feet; thence South 31°47'55" East 452.38 feet; thence South 37°01'15" East 170.42 feet; thence South 87°46'44" East 238.87 feet; thence North 81°52'31" East 196.68 feet; thence South 00°18'59" West 100.22 feet; thence South 66°14'25" West 263.931 feet; thence South 61°49'28" West 251.49 feet; thence South 55°49'28" West 263.70 feet; thence South 55°19'49" West 460.22 feet; thence South 67°21'59" West 439.90 feet; thence South 73°02'05" West 229.14 feet to the Point of Beginning. Glenwood Springs Branch 803 Colorado Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 • Page 2 March 21, 2013 As appears from the recorded documents in the Garfield County Clerk and Recorder's Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, and all matters whether recorded or not that are not directly related to the severed mineral estate, including, but not limited to, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the mineral rights is vested as follows: Yeakel Mineral Rights Company (QCD Book 1024 at Page 853) c/o Beattie, Chadwick & Houpt 932 Cooper Avenue Glenwood Springs, Colorado 81601 Mabel Ann Fazzi Trust B (Personal Representative's Deed 825187) c/o Freddi Fazzi, Trustee 1240 County Road 214 Silt, Colorado 81652 Carrol Jeanne Ilgen (Decree of Heirship Book 1045 at Page 61) 1070 Laurie Circle Meeker, Colorado 81641 Linda Jane Rosa (Decree of Heirship Book 1045 at Page 61) 6634 North Foothills Drive Tucson, Arizona 85718 James Dean Robinson (Decree of Heirship Book 1045 at Page 61) 4026 West 107th Court Westminster, Colorado 80031 Wendell G. Swanson (Personal Representative's Deed 817992) 17200 West Bell Road, Lot 1159 Surprise, Arizona 85374 Trust of Todd Alan Swanson and Teresa Louise Swanson (Personal Representative's Deed 817992) 17200 West Bell Road, Lot 1159 Surprise, Arizona 85374 ExxonMobil Oil Corporation (SWD Book 892 at Page 390) 16825 Northchase Drive, Suite 200 Houston, Texas 77060 Charles Cavness (Correction Mineral Deed Book 809 at Page 174) 2273 South Fillmore Denver, Colorado 80210 • Page 3 March 21, 2013 Mark S. Dollar, Trustee of the Mark S. Dolar Revocable Trust dated July 21, 2008 Janet K. Dollar, Trustee of the Janet K. Dolar Revocable Trust dated July 21, 2008 (Mineral Deed 753480) 16362 East Montrose Drive Fountain Hills, Arizona 85259-2704 KBL Mineral Company LLC (Mineral Deed Book 1685 at Page 876) Post Office Box 36157 Denver, Colorado 80236-0157 Note: Addresses were taken from most recent recorded document and are not necessarily the owners' most current address. Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and the Companies' liability is limited to the amount paid for the mineral examination. We expended 3 hours on this project. As we discussed, our fee for mineral rights ownership is $125.00 per hour. The effective date of this mineral title analysis is March 13, 2013. We will send an invoice separately for the research and commitment. If you have any questions regarding this analysis, please contact me. Sincerely, Patrick P. Burwell Cc oMDO ENGINEERING I A CORPO R A T£0 Adjacent Property Owners 2179-301-00-522 Brynildson, Scott W. & Linda S 1831 Railroad Avenue Rifle, Colorado 81650 2179-281-00-714 Eagle Springs Organic, LLC 5454 A County Road 346 Silt, Colorado 81652 2179-294-00-672 Fuller, Christopher Wayne 615 Pleasant Hill Road Farmerville, LA 71241 2179-293-00-649 Bair, Tom & Brandy 3215 County Road 315 Silt, Colorado 81652 2179-321-00-555 Shideler Land and Cattle Co. LLC. 4128 County Road 315 Silt, Colorado 81652 M:\crejobt-rles\967-porter\porteradjacent property owners.docx P.O. Box 1301 I Rifle, Colorado 181652 11 Page July 16, 2013 Gregory Shaner P.O. E3ox 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 RE: Administrative Review Porter SmaII Contractor Yard (Pile 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 SmaII Contractor's Yard. The proposed use is located at 2860 County Road 315 on property also known by Assessor's Parcel No. 2179-291-00-715. Due to recent changes to the applicable County Regulations, we request that you provide a supplemental letter indicating that you agree to be processed under the Garfield County Unified Land Use Resolution of 2008 (ULUR) as in effect at the time of the submittal. Please advise us if you would prefer to be reviewed under the current code in which case some minor changes in the processing of your application would result including a 30 day public notice period. Based on review under the ULUR, th1s letter is to inform you that your application has been deemed Technically Complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the ULUR or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Community Development Department will render a decision has been set for August 15, 2013. Public notice at least 15 days prior to the Director's Decision is required by written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200 ft. radius and to the mineral owners of record for the Applicant's property. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Community Development Department prior to the Director's Decision. Pursuant to Section 4-103(B)(3) of the ULUR the notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, the contact information for the Community Development Department and the date that the Director will make a decision. have enclosed an appropriate notice for the Director's Decision, for your convenience. This document is provided to you as a courtesy and the Applicant must verify that all information in the notice is correct and attach or insert the legal description and vicinity map. It shall be the obligation of the Applicant to correct any deficiencies in the public notice such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 1. Your Application has been determined to be complete. 2. Extra copies of the Application shall be provided by the Applicant and referrals sent out to agencies for comment by July 19th. 3. Public Notice must be mailed by the Applicant no later than July 31th 4. Referral Comments are due back by August 8th 5. Applicant will provide the proof of mailing (including return receipts) by August 15th 6. On August 15th the Director of the Community Development Department will render a Decision to approve, approve with conditions or deny the application. 7. The Board of County Commissioners will be provided notice of the Director's decision and have 10 days to review the application and request a public hearing. 8. If the "call up" and reconsideration time period expires without a request for a hearing, the Land Use Change permit will be prepared for presentation to the Director for signature and recording. Please note that we will need 8 additional copies of the application materials. Two of the copies need to be paper copies and six of the copies can be digital copies on CD's and should be provided in a .pdf format, separated into sections identical to the hard copy. These copies are required for distribution to referral agencies. The extra copies need to be provided by July 19th. Please contact me if you have any questions regarding the scheduling and the public notice requirements. Sincerely, Glenn Hartmann Senior Planner 2 PUBLIC NOTICE TAKE NOTICE that Kelly Porter has applied to the Community Development Director, Garfield County, State of Colorado, to request an Administrative Review Land Use Change Permit to allow a Small Contractor's Yard on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: LEGAL DESCRIPTION TO BE INSERTED OR ATTACHED BY THE APPLICANT Practical Description: The proposed use is located at 2860 County Road 315. The property is located approximately 51/2 miles southeast of the City of Rifle, located between Silt and Rifle off of County Road 315. It is located in Section 29, T6S, R92W on a part of that property known by Assessor's Parcel No. 2179-291-00-715. Description of Request: The Applicant is requesting approval for a small contractor's yard on the property. The property is currently improved with a single family residence and some agricultural operations. The contractor's yard will be approximately 11/2 acres in size on an overall parcel of approximately 35 acres. Access to the site is existing and the property is zoned Rural (R). Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Review for a Small Contractor's Yard are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on August 15, 2013. Any comments to be considered must be received prior to that date. Community Development Department Garfield County