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HomeMy WebLinkAbout4.0 Director DeterminationGarfield County July 2, 2015 All Valley Storage c/o Travis Stewart PO Box 1319 Carbondale, CO 81623 DIRECTOR DETERMINATION - Administrative Review Land Use Change Permit — Crystal Ranch Corp. — All Valley Storage Contractors Yard - Garfield County File Number GAPA-8208 Dear Mr. Stewart; This letter is being provided to you in regard to a General Administrative Review Application for a Contractors Yard, Small on Crystal Ranch Corp. property. The proposed use is located in Sections 23 and 26, T7S, R88W on a part of that property known by Assessor's Parcel No. 2393-234-0-131 and located south of the Town of Carbondale off Highway 82 and CR 103. The Director's Determination on the Application is based on the following findings and subject to the Applicant's representations and conditions of approval. 1. That proper public notice was provided as required for the Director's Decision 2. That with the adoption of conditions, the Application adequately meets the requirements of the Land Use and Development Code of 2013, as amended. 3. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 1 4. That with the adoption of a waiver for the Industrial Use, from Section 7- 1001(H) — Hours of Operation, the proposed facility meets the requirements of the Land Use and Development Code, as amended. A Director's Decision is hereby issued approving the Application as shown on Exhibit A and with the following conditions. Conditions Prior to Issuance of the Land Use Change Permit 1. The engineering report in the application materials, from June 2011, has a description of a water distribution system with fire protection proposed for the site. The project narrative states that no water system is to be provided and that employees will carry their own water. The Applicant shall provide an explanation as to whether there were any prior commitments or conditions associated with that water distribution system and whether this fire protection water may be used for the proposed use. This explanation shall be reviewed by the Garfield County engineer, fire district and Community Development Department prior to issuance of the Land Use Change Permit. General Conditions 2. 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. 3. 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 including, but not limited to, fuel and hazardous materials storage. 4. The operator shall control all State and County listed noxious weeds on the site. 5. The operator shall maintain compliance with all applicable conditions of prior local, State or Federal approvals from the Powers Pit and concrete batch plant including, but not limited to, drainage, erosion, reclamation and revegetation. 6. The access roads from CR 103 shall be maintained to the standards outlined in Section 7-107. 7. The traffic generation from the Contractors Yard shall be 159 Average Daily Trips or less. 8. No employees or other personnel shall be stationed onsite. 2 9. A portable toilet shall be provided onsite for the use of lessees and employees loading or unloading materials and/or equipment from the Contractors Yard. 10.A11 lighting shall be the minimum necessary and shall comply with Section 7-304 of the Land Use and Development Code including and shall down casted, shielded, and directed inward toward the interior of the site. 11. The operator shall control fugitive dust both during construction and during operation of the Contractors Yard. 12.AII vehicles using County Road 103 to access the Contractors Yard shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall be obtained from Garfield County Road and Bridge Department. 13. All trucks using the site access and/or County Road 103 shall not use engine Jake Brakes to decelerate. 14. The operator acknowledges that Garfield County has the following standards for Industrial Uses as described in Section 7-1001 and as outlined or otherwise modified below: a. Materials shall be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force. b. All products shall be stored in compliance with all national, State, and local codes. c. Petroleum and hazardous products shall be stored in an impervious spill containment area(s). d. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. Flammable or explosive solids or gases and other hazardous materials including wastes shall be stored according to the manufacturer's standards and shall comply with the national, State, and local fire codes and written recommendations from the appropriate local fire protection district. e. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25. 3 f. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. g. Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 6:00 a.m. to 8:00 p.m. Monday through Saturday. h. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. 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. According to the Land Use and Development Code, Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the Applicant, or any affected Adjacent Property Owner." Should this time period pass with no request for review or public hearing, the decision shall be final. Please contact this department if you have any questions. Sincerely, Fred A. Jarman, AICP Director of Community De--lopment Department CC: Board of County Commissioners file 4 Exhibit A Retention Pond Access Road Existing Access Road to Concrete Batch Proposed Contractors Yard fiENCNMAR 1 af,,,P09,11Aaks ROAh Existing Concrete Batch 5