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HomeMy WebLinkAbout3.0 CorrespondenceGaffield Coun$ BUILDING & PLANNING DEPARTMENT Code Compliance Office stevehackett@ga rfi eld-countv.com September 16,2004 Duff& Darlene Nicola By fax @ 625 2952 I have your response to my letter of September 10, 2004, thanks. We have received satisfactory information from the Division of Wildlife and from Steve Anthony. I will stop by for a compliance inspection in the near future so that I can confirm to the planning department that the permit should be issued. Thanks for your cooperation. Steve Hackettyffi /ort uw 108 8th Street, Suile 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 FRDI'1 : TAYEEN TRANSPORTATION PHONE NO. : 91A62s?952 Sep. t1. ?OA4 12:59Pt'1 P2 September 70,2004 RHCtr$VHIf,F SEp I g 2004 fdff{tri;t}lh:;Mr. Steve llscksfi 108 8r Street, Suite 201 Glenwood Springs, CO 81601 Re : Storage Permit Dear Steve: In regards to your June 28s letter, that conditions 4. 5 and 6 have not, been met, We would like yorr to know that we have been working on these three conditions so that we cgr get the storage permit. Condition #4, I have consulted with an engineer that is licensed, he informed me that it would run anywhere from S 1,500.00 to $ 2,500.00. Thercis no way we can afford this expense! we have built the burm that you have requested along the ditch. C.ondhion #5, I have eonsulted with Beattie Wildlife Consulting in which I have received his a4alysis back on this. The Ietter has been forwarded ro Brari Ackerman with the Divilion of Wildlife. Condition #6 , I have sent a letter in regards to the reclamation this has been sent to Steve Ant\ony the Garfield County Vegetation Manager on August 24,2004. I haye not heard back from Division of Wildlife or Steve Anthony so I assume they will send or contact you ctirectly. Please let usknow if these conditions have been met so that we can get the stdragc permit. Sincerely,ffiw7<G--[:1 r\t Darlene J Nicola t MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Nicola SUP Date: September 1,2004 Thanks for the opporhrnity to comment. My comments are as follows: 1. Noxious Weeds The applicant has some Russian-olive trees and Russian knapweed which are County listed noxious weeds and need to be managed. 2. Revegetation and Soils The Reclamation Plan is acceptable. . FRDI,I :, TAYEEN TRANSPORTRTION FAX RECE,I\S'D NuG ? 1 2004 gtlsrtts'xt'sl From: TayBen Transportation 5lll cR346 silt, co 81652 Phone/F ax 97 0 -62 5 -29 52 Number of pages including cover page, r *) Darc K * :)-l -c.{- ri**_-R2al I C omments/IVlessage : \,J \ L*u- -lI)x o.t oir R \(-rt n.r' PHONE NO. : 974b252952 REfrrruE Wrrt frrFE golysaLrltya, ilyc. Kirk H. Beattie, Ph.D. 1546 E. 12th Sfeef RiflerCO 81650 €-mail:wildl'Gbwc@sopris'net Encrpy devolopm€nl Ead wltdllfe Lapd dcvolopmant lmpacia on wttdllto EndsngsrEd specles tnalysis Govemmenttl llal*on Environrlrentel group ll8son Federol/strte permlttlng Wildlifo lnvemorlea Wlldllis habllat mltlgallon wltdflre managemenl EnYlronmont l psImil eppllcrtloni Rovegetallon Establlshlng huntlng enlBrpriE9s wirdllr. mitigation EnYlronmcntal tBgotamants iUlldllfir mports Wlldllie monltorlng Presontatlons to agoncles Exp6ri terllmony .FROT :. TRYBEI.{ TRANSPORTRTION ;. PHDI.TE ND. : 970E252952 Aug. 2f 2DE4 ABr4BAt'l Office: Fax: Gellular: August 24,2004 Darlene Nicola Stephen Duff 5111 CR346 sirt, co 81652 RE: Wildlife impact from truck storage Via regular U.S. Mail Darlene and Steve: The e-mailof June 28,2004 from Fred Jarman to Steve Hackett asks, in part, if you have met the following condition: "The Applicant shall mnsult with a reiresentative of the Division of Wildlife to obtain an analysis of the impact the use has on wildlife in the area. ln addition, the Applicant shall comply with any conditions required by the Division of Wildlife in order to mitigate any impacts to wildlife in the area." The current process for CDOW involvement is that the applicant or the applicant's agent prepares a wildlife analysis that is sent to the Planning and Zoning Department for Garfield County (personal communication, DWM Brett Ackerman, cell phone conversation on August 23,2004). lf the County wishes to seek input from the CDOW, it may do so. The CDOW, in its discretion, may or may not provide input as it regards wildlife. Itd'y undersianding is that you will continue to pai'k semitractoi's and iraiierc on a portion of your property (Figs. i-5), but you will do so with a Special Use Permit. I have conducted reseerch on the status of plants and anlmals on locations to the north, east, south, and west of your property. I have also visited your property. @ 970-625{598 970-625.0600 970-379-1451 rr -7 )ri> I FROI,I : TAYEEN TFANSPOFTAT]ON PHO|IE ND. : 978625295?Aug. 21 2AA4 A8:4841'l P3 Darlene Nicola and Stephen Duff August 24,2AA4 Page 2 Based on work I have done in the general area, along with a species database search through the Natural Resources Ecology Laboratory, my opinion is that there are no rare, sensitive, threatened, endangered, or candidate species of mammals, birds, amphibians, or reptiles on your property. The area you have been using the last several years for truck parking will not change with the Special Use Permit and thus there is no rational relationship between current conditions and futurs wildlife impacts. ln short, your current use of the property will not impact wildlife in a measurable or meaningful way, particularly if you adopt the recommendations of steve Anthony (GARco Vegetation Manager) and Tom Zancanella (drainage study). I appreciate the opportunity to provide wildlife consulting services to you. Please call if you have questions. You should fonryard this letter and attachments to your. contact person in the Planning and Zoning Department. I have provided an exlra copy of the letter and attachments for your files. Sincerely, BEATTIE WILDLIFE CONSULTING, INC. ,r, {,Juh. .-- Kirk H. Beattie, Ph,D. KHBiKb Encl: Figs. 1-5 , FRDT,] i TAYBEN TRANSPORTATION PHONE ND. : 9785252952 Figure 1. Location of Duff/Nicola 7 acre parcel (D). Auq. 2f 2OD4 E8:4941'1 P4 TAYEEN TRANSPORTRTION PHONE N0. : 978625295?Aus. 27 ?@O4 A8:494t'1 P5 ' ) ". .'ri#*ilfillEil{r'r "^-' ", t#t'f:"#r*,,;i!h Figure 4. Figure 3 Figure 5. Figure 2. :'. ,r, li r;iii bBt24/2464 27:26 62585?7 ROAD AND BRIDGE PAGE 6T Fax Transmittat 38\t 3\),FAX NUMBER: DATE: Z# OF PAGES: COMMENTS: (Ju.o [o P* [,.* k P I", Garfie ld County Vegetation Management Store AntlronY POB 426 Rifle Co 81650 Phone: 1-970'625-8601 x105 Fax l-970'625-8627 Enail : edmY@grrfield€uDtY'cm ,ITHERE EVRYMY B VM,D AWARENESS DAT" RbCflIVED AUG 2 5 2004 f,iffiti?,.8,Y^l![x OB/24/'/AA4 21i?6 6258827 ROAD AND BRIDGE a7il62:A*2 PAGE 62 ?a ?aa{ lo:.a*tt'P'2 TEySEii TRlttsPoRTeT Iotl Fht-lltE h,B.ilt^,), .4ruguct 2,1, 2004 Mr S\ovc Antlrorry Gafrctd (lounly Vegctotion MEmgcr Rer Rtrclarnrtion Derr Stcve AdhonYr Wc lro trying to gc't a Srorage Pernrit in whioh to Fu! our tr.rukr & rroilors on our '.op€rg In regards *;.;";iog ttri picge in ot i"h th" trucks arrd t'ulere are p'rkd on if aod whert wG g,c( .*""i,rr"'iri,ring tluxinosr. We goon al1a rhe ptrrcMrc of tbe proprrry sr il t t CR 3;, iil, f*.* *I f*t to do sonethin* B56u! ell ot't're ntud tlial was :;6;;* wc did ,ooruir psting in.gus bul it wortd raLc a iot of work and wator gd wirlr rlre rvuy,h";;;;il;"g;"tdltrictione*adid dccidod to 3o with road-s' mrlt rvfiich diil taltc .t* olm rnri prublqm. rrVc fcol that ttrc ctungcs wc hrvc mrdc srncc \rrc trought *r, p"on ,V f.rs adi"a vduc to oul prupdty, plr, har rnads it took much rrice.,. [o wlrich then ro. iti.t it"rt Parking scn'errl tnrcki Nod traileru *iong r'r'i*r boots' ,"*p., and other pcrsonal vchicles' If wc do Gvct gsl P1:{tl* ]lcking burincsr wc *oulrt vot-v rnuch like to r"rfinat area tha sano w-ey jrut bccause of thc mud ir ruch a problorr, *irf, fjO, arrd anirnals, Ws r*.ould clern up any toakr tlllt Ony Of Our tn*kS Or p.i*i^f volrictcs ho"c madc. And ar alwlyr ilrc wocdi and gras would bc kcd't cur dorrn iit * it "V hrvc 6ways hccn nince u.c hrv' i.iwU ircn, We havc planted 120- 125 treor around lhc p,rop€rty ar rhe cotnty hrs rcqucr'.cd gl lrr tirnc thorc will hidc trr scrccn a lot of what wq have os olr propctg. I hopc you lryilt find rhi* in approval with what yorr all ore lool.inu tor. So thot lvc ciur moYG gtr and gel our ttorog€ pcrmrt' Sincaell', {flaF;--q- S. DufrNicolac;>;4Lr* l)rytcne J Nicola l:l+ft : Q/a*.*'< Excerpt from May 19,2003 Tamara - since Fred left, I wanted you or whoever will write the Resolution, to have this discussion and motion on the Conditions - Marian CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT FOR TRUCK STORAGE IN THE AGRICULTURAL/INDUSTRIAL ZONE DISTRICT. APPLICANT: DUFF NICOLA REQUEST FOR APPROVAL OF AN CONDITIONAL USE PERMIT REQUEST FOR STORAGE IN THE AGRICULTURALANDUSTRIAL (A/I) ZONE DISTRICT FOR A PROPERTY LOCATED AT 5l I I CR 346, SILT, COLORADO ON 6.94 ACRES. APPLICANT: DUFF NICOLA Fred Jarman, Don DeFord and Duff Nicola were present. Don reviewed the regulations for noticing and the submittals from the applicant. He determined they were in order and timely and advised the Commissioners they were entitled to proceed. Chairman Martin swore in the speakers. Fred submitted the following Exhibits: Exhibit A - Mail receipts; Exhibit B - Proof of Publication; Exhibit C - Garfield County ZoningRegulations; Exhibit D - Garfield County Comprehensive Plan of 2000; Exhibit E - Application; Exhibit F - Staff memorandum; and Exhibit G -Referral comments from Road and Bridge Department dated 2126103; Exhibit H - Photos of Property; Exhibit I - Letter of support from Gary Tillitson; Exhibit J - Letter of Support from Ralph Fritzland and Kathy Hangs; and Exhibit K - Letter of Support from Robert and Charmane Graham. Chairman Martin entered Exhibits A - K into the record. This is a request for approval of a conditional use permit to allow for storage in the A/I zole district on approximately 7 acres south of Silt on CR 346. The applicant would like to store tractor and trailer types of trucks onto his property, which currently serves as his residence. He owns a trucking business and the storage of this equipment would be when not being used to haul material/products such as magnesium chloride and road salt in and out of the state. I. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Copditional Use permit to allow for "storage" for S. Duff Nicola on a property located at 5111 CR 346, Garfield County with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specihcally altered by the Board of County Commissioners. 2. This permit granted is for this specific use only as presently described. In the event any representations made in the application for which this permit is granted change and are no longer consistent with the representations in this application, the applicant shall be required to submit a new permit application to the county addressing the changes. 3. The Applicant shall install an effective method of screening (sight obscuring fencing, landscaping (trees) around the entire area so that it complies with review standard in section 5.03.0S(5)(dxiii) which states: "Storage of Heavy Equipment will only be allowed such that 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 mav include berming, Iandscaping, sight obscuring fencing or a combination of anv of these methods. The Applicant shall not receive a conditional use permit until an onsite inspection has been completed by the county to ensure that this condition has been met. 4. The Applicant shall have a sound test conducted for the property when the maximum number of trucks is there to ensure a correct assessment of the maximum volume of sound that could possibly be generated from the property as a result of the use. This volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Due to potential polluted run-off from the storage area, the Applicant shall provide drainage study by a qualified engineer licensed to practice in the State of Colorado that demonstrates the impact, if any, to the Last Chance Ditch or o other adjacent properties of the amount of water run-off from the site as well as the quality of water that is generated. 6. The Applicant shall provide a plan for site rehabilitation to the Board of County Commissioners before a permit for conditional or special use will be issued. The Applicant shall consult with a representative of the Division of Wildlife to obtain an analysis of the impact the use has on wildlife in the area. In addition, the Applicant shall comply with any conditions required by the Division of Wildlife in order to mitigate any impacts to wildlife in the area. Regarding reclamation, the applicant shall be required to consult with Steve Anthony, the Garfield County Vegetation Manager prior to the issuance of a Conditional Use Permit so that a proper reclamation plan is formulated and approved by the Vegetation Manager. This plan shall be provided to the Building and Planning Department to be included in the land use file. Commissioner McCown - asked if they would agree to plant trees for a buffer and Duff agreed they could do this. Duff - all trucks are in compliance to the State code. Commissioner McCown made a motion to close the Public Hearing. Commissioner Houpt seconded; motion carried. A motion was made by Commissioner McCown to approve the request for a Conditional Use Permit to allow for storage for S. Duff Nicola on a property located at 51 1 CR 346, Garfield County with the following conditions 1 - 8 and on Number 3 altered- asked that trees, shrubs some type of vegetation that would adequately screen the operation be planted, not even suggesting the berm in this case, the trees are going to grow and it will take a period of time, suggested aligning the property with trees and vegetation that would screen the entire perimeter of the property, striking Conditions 4 and 5; including No. 6 which was Mr. Anthony's, he altered No. 3 which opened the door for Chairman Martin to ask those questions. Commissioner Houpt - would like to see No. 5 happen to not have it happen at all; Commissioner McCown - don't see the need for it since there's nothing - the trucks are empty when they come there, there's nothing there that could cause that problem as far as drainage - it would only be a natural drainage that comes across there now that would wash into the ditch. There's been nothing put on the ground, there's nothing in the trucks because they are empty, that would cause a need for that study that should run-off come across that lot and go into the Last Chance Ditch. Commissioner Houpt- but there's a lot of machinery and if there's leaking from the trucks at all. Chairman Martin - it is a rotomil surface and gravel at the present. Commissioner McCown - I still don't see a need for it. Commissioner Houpt - staff put it in and there's typically a reason for staff to make those recommendations. Commissioner McCown - yeS, but this is like a site drainage plan that you're asking for and what he is doing and applying for on the site does not change anything that's on the ground right now. Fred - the reason staff put that in there, this is a site plan for a specific . use, certain materials, Mag chloride potential and can't imagine there is a single truck out tfiere that doesn't have some oil that comes out. However, it depends upon the comfort level of this Board. There's nothing in the application that indicates what any leakage would be. This site does slope toward the Last Chance Ditch so theirs is a potential of non-point source runoff, maybe not so much on the lot, but off the rotomil into the ditch. That's the concern that staff expressed. Commissioner Houpt asked if we could make this condition exclusively for that lot that slopes toward the ditch. Commissioner McCown, yes, that's fine but I don't know what you're wanting out of this. Do you want him to berm on the top edge of the ditch so that the water cannot run from the upper parking lot into the Last Chance Ditch. Commissioner Houpt - this is a valid environmental concern that Fred raised. Chairman Martin - there's a small farm there too and this runs into the pens where the horses and cattle used to be and the buffalo are right next to it, but didn't feel it needed to be a full site study. If we need to make some diversions, we could go ahead and make a recommendation there. Commissioner McCown - nothing short of a catch basis is going to eliminiate it. Fred - the comment actually says, some definition, demonstration that it exists, it may not exist. The problem we have is we don't know. So if we set up a precedent that we do these things without paying any addition to it, is the issue and why we raised it. Commissioner McCown amended the motion to include No. 5 but added he thinks it is overkill. Also, this would be making Condition No. 5 as Condition No. 4 since No. 4 was stricken; Commissioner Houpt seconded the motion. 7. 8. Fred clarified, include on page 2 of his memorandum, Road and Bridge recommendation for that apron by the direction of Jake Mall. It is a 20-foot apron. It's a fairly standard connection per Road and Bridge. Commissioner McCown amended his motion to include that and make that Condition No. 7. Commissioner Houpt amended her second. McCown - aye; Houpt - aye; Martin - nay - I think this is overkill, the concrete is too much, and I think the study is too much, other than that, I have no objections to it; motion carried.