HomeMy WebLinkAbout2.0 Staff ReportDirectors Determination — Exhibits
All Valley Storage — Contractors Yard, Small - Administrative
Review
Applicant is Crystal Ranch Corporation
July 2, 2015
(File GAPA-8208)
Exhibit Letter
(Numerical)
Exhibit Description
1
Public Notice Information Form
2
Return Receipts from Mailing Notice
3
Garfield County Land Use and Development Code, as amended
4
Garfield County Comprehensive Plan of 2030
5
Application
6
Staff Report
7
Referral Comments from Mountain Cross Engineering (dated June 18,
2015)
8
Referral Comments from Garfield County Vegetation Management
(dated June 18, 2015)
9
Referral Comments from Garfield County Road and Bridge Department
(dated June 1, 2015)
10
Referral Comments from the Colorado Department of Transportation
(dated June 12, 2015)
11
Referral Comments from the Colorado Division of Water Resources
(dated June 4, 2015)
12
Referral Comments from the Colorado Department of Public Health and
Environment — Air Pollution Control Division (dated June 4, 2015)
13
Resolution Number 2011-77 — Continued Operation of a Concrete Batch
Plant known as the "Powers Pit Concrete Batch Plant"
14
Resolution Number 80-58 — Special Use Permit for Extraction and
Processing of Natural Resources
15
16
17
18
19
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Crystal Ranch Small Contractor's Yard
GAPA-8208
7-2-15 - DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Administrative Review — Land Use
Change Permit - Small Contractor's Yard
APPLICANT (OWNER) Crystal Ranch Corp.
REPRESENTATIVE All Valley Storage
LOCATION The proposed use is located at 013114
Highway 82, approximately 1.5 miles
east of the Town of Carbondale.
LEGAL DESCRIPTION
ACRES
ZONING
The property 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.
Overall tract 89.165 aces in size.
Small contractor's Yard is 5.0 acres.
Rural (R)
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting approval for a small contractor's yard 5.0 acres in size on part
of an overall tract that is 89.165 acres in size. The contractor's yard is proposed to occupy
a portion of the bottom of the Powers Pit which is in the process of revegetation and
reclamation. All mineral extraction operations have ceased on the property although there
is a permitted concrete batch plant operating within the pit. Contractor's yard space is
proposed to be available for lease by different contractor businesses. The Application
indicates that no new buildings are proposed and shared access driveways will be gravel.
The access driveway is to be shared with the access to CR 103 with the existing concrete
batch plant. The Applicant proposes the Contractor's Yards to be used for the storage of
equipment and materials for general contractors and landscape businesses. Yard areas
will be surfaced with a combination of gravel and compacted soil. The Applicant is
proposing for the site to operate 6am to 8pm Monday to Saturday. No water or wastewater
facilities are proposed as no employees are to be onsite, although a portable toilet is to
be provided onsite for employees or lessees that may be visiting the site. The main office
for the facility will be located at the All Valley Storage office located on CR 113.
The Contractor's Yard areas are proposed to be flexible depending on need and demand,
although the cumulative size will not exceed 5 acres or extend beyond the represented
impact boundaries. While the property has frontage on Highway 82 all access is via CR
103.
II. DESCRIPTION OF THE SITE
The site sits at the bottom of the Powers Pit and adjacent to a permitted concrete batch
plant. The site is visually protected from Highway 82 by landscaping and berms. The
location of the proposed site is flat with a surface of existing compacted soil as a result of
the previous gravel extraction operations. No unique features such as streams, rock
outcroppings, or significant geologic hazards are noted on the site. The nearest residence
is approximately a quarter mile from the site and across Highway 82.
Vicinity Map
Crystal Ranch Corp. Property
13112 Highway 82
Carbondale, Colorado 81623
7
III. APPLICABLE REGULATIONS
A. The Land Use Tables contained in Section 3-403 of the Land Use and
Development Code, designate a Small Contractor's Yard within the Rural Zone District
as requiring Administrative Review. Article 15, Definitions sets forth the method for
measuring the size of a small Contractor's Yard Area, measuring around the perimeter of
the Contractor's Yard in a box or series of boxes. The Applicant's proposal is at the 5
acres maximum size for a Small Contractor's Yard based on this measurement
methodology.
B. Section 4-103 of the Land Use and Development Code sets forth the
Administrative Review Procedures by which the current Application is being considered.
C. Article 7 of the Land Use and Development Code sets forth General approval
standards in Division 1, General Resource Protection Standards in Division 2 and Site
Planning and Development Standards in Division 3. In addition, the Contractors Yard is
subject to Section 7-1001, Industrial Use standards. The standards are addressed in the
Application submittals and in the Staff Analysis section of the Staff Report.
3
Aerial View of Subject Property
4
Aerial View of Subject Site
5
Access
Road
Existing Access Road to
Concrete Batch Plant
HyyrBj'-
Existing Concrete
Batch Plant
Site Plan
6
10
9
I2
RETENTION
POND
11
14
2
4
5
22
13 22
15
16
23
24
20
12
18
19 27
28
29
31
32
30
26
25
PROPOSED. ACCESS ROAD
UNITED BATCH PLANT
LEASE AREA
Possible Contractors Yard Layout
RETENTION
POND
6
PROPOSED ACCESS ROAD
UNITED BATON PLANT
LEASE AREA
Possible Contractors Yard Layout
7
IV. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
completed. No public comments have been received. Referral comments received on
the Application are attached as Exhibits and summarized below:
1. Garfield County Consulting Engineer, Mountain Cross Engineering (Exhibit 7):
• Noted that the Applicant addressed screening from Highway 82 but not from other
vantage points.
• Noted that the engineering report from June 2011 has a description of a water
distribution system with fire protection proposed for the site. However, the project
narrative states that no water is to be provided. It is suggested that the Applicant
discuss if there were any prior commitments or conditions associated with that
water distribution system.
2. Garfield County Vegetation Manager (Exhibit 8):
• Noted that weed issues have been present on the subject parcel.
• Noted that while any current and future weed issues will be handled by the gravel
pit operator, the Applicant should expect to address any noxious weed issues in
the Contractor's Yard.
4. Garfield County Road and Bridge (Exhibit 9):
• Noted that the current access at the intersection of CR 103 and CR 103/Hwy 82
have been brought up to code by Crystal Ranch Corporation. As a result, both
access points are able to accommodate the traffic impacts from the proposed use.
• Noted that Road and Bridge has no concerns.
5. Colorado Division of Water Resources (Exhibit 11):
• Noted that should the Applicant use any onsite wells for the proposed use that
those wells will need to be re -permitted.
6. Colorado Department of Transportation (Exhibit 10):
• Noted that due to the small traffic volumes expected from the proposed use, no
CDOT access permits are necessary.
7. CDPHE — Air Pollution Control Division (Exhibit 12):
• Noted that the Applicant will need to obtain any required permits for the proposed
use.
8. Other agencies that did not submit comments include: (a) the Colorado
Department of Public Health and Environment (Water Quality Control Division),
(b) Garfield County Emergency Management, (c) Garfield County Sheriff, (d)
Garfield County Environmental Health, (e) Colorado Parks and Wildlife, (f)
Colorado Mined Land and Reclamation Board, (g) Bureau of Land Management,
(h) Town of Carbondale, and (i) Carbondale and Rural Fire Protection District.
8
V. STAFF ANALYSIS
Article 7, Division 1: General Standards
Section 7-101: Compliance with Zone District Use Regulations
The property is in general compliance with Zone District Regulation for the Rural Zone
District. A Special Use Permit (SUP) was issued for extraction of natural resources
(Powers Pit) and the processing of natural resources (gravel washing and concrete batch
plant) on April 21, 1980 and memorialized under Resolution Number 80-58 (Exhibit 14).
On December 5, 2011 the Powers Pit Concrete Batch Plant was permitted to continue
operation within the Pit (Exhibit 13). While the proposed Contractors Yard is located in
the same area as the previous mineral extraction operation, it is outside the area of
operation for the Concrete Batch Plant.
CONTRACTORS YARD TO BE
LOCATED IN SOUTH WEST CORNER:
Adjacent to the existing Ready -mix
Plant.
View of Contractors Yard from CR 103 Entrance (Provided by Applicant)
9
Section 7-102: Compliance with Comprehensive Plan and IGAs
The site is identified Residential Medium (6 - <10 Ac/DU) as well as designated a Rural
Employment Center. Excerpts from the Garfield County Comprehensive Plan Future
Land Use Map are provided below.
Garfield County Comprehensive Plan of 2030 - Future Land Use Map
Relevant goals and policies from the County Comprehensive Plan are outlined as
follows:
Chapter 2, Future Land Use
Rural Employment Centers
Rural Employment Centers are geographically consolidated areas where there is a
concentration of light industrial and business park uses. This includes uses such as
construction yards, equipment repair, and storage areas often found along 1-70 or SH 82.
Residential Medium (RM)
Description: Small farms, estates, and clustered residential subdivision; density
determined by degree of clustering and land preserved in open condition:
10
0% open land - 1 du per <10 acres
50% open land - 1 du per 8 acres
70% open land - 1 du per 6 acres
Compatible Zoning: Rural (R) Planned Unit Development (PUD)
Density of residential uses: 1 du per 6 to < 10 acres
Chapter 3 - Section 1 Economics, Employment and Tourism
Goal #1: Maintain a strong and diverse economic base (for both employment and income
generation).
Policy #3: Garfield County will encourage the development of a diversified industrial base
recognizing physical location -to -market capabilities of the community, and the social and
environmental impacts of industrial uses.
Policy #5: The county will direct industrial developments to the airport center and other
appropriately designated areas.
Strategies/Actions #4: Ensure that commercial/industrial developments are compatible
with adjacent land uses and preserve the visual quality of the county.
Provided the above designations, goals and policies, it is Staff's opinion that the proposed
development is in general conformance with the Comprehensive Plan of 2030.
Section 7-103: Compatibility
The proposed location is within a gravel pit that is currently undergoing reclamation. As a
result, the site is heavily disturbed and developed with landscaping that screens the site
from public view, particularly from Highway 82. While the facility may be visible from some
other limited vantage points, due to the topography it is not feasible to completely shield
the use from all locations. The access to the site has also been improved to adequately
serve the proposed use. In addition, the location has been identified as a Rural
Employment Center in the Comprehensive Plan which specifically contemplates
Contractors Yards as an appropriate use. The nearest residential property is over 1500
feet away and no public comments have been received. To this end, it is Staff's opinion
that the proposed use is compatible with surrounding land uses, zoning and the
Comprehensive Plan.
11
CONTRACTORS YARD TO
OCATED BEHIND BERT
erm provides 15' to 20 o
reening height.
View of Contractors Yard from Hwy 82 (Provided by Applicant)
Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The Applicant has indicated that there will be no employees at the site. As a result, the
Applicant has represented that the facility does not require water. Per Section 7-104, "All
applications for Land Use Change Permits shall have an adequate, reliable, physical,
Tong -term, and legal water supply to serve the use, except for /and uses that do not require
water, or that contain Temporary Facilities served by a licensed water hauler." Since the
facility does not require water, the Applicant is not required to demonstrate legal or
physical water to the site.
The Application was referred to the Mountain Cross Engineering who noted that "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 should discuss if there were any prior commitments or conditions
associated with that water distribution system." As a condition of approval Staff
recommends that the Applicant clarify whether there are any prior commitments or
provisions to provide the site with fire protection water through the distribution system.
Section 7-105: Adequate Central Water Distribution and Wastewater systems
The facility is not proposed to have any employees and will not require water. Since the
facility does not require water, a wastewater system is not necessary. However, the
12
Applicant has indicated that a portable toilet will be provided at the site for tenants who
are picking up or dropping off supplies. Staff recommends that as a Condition of Approval,
the Applicant provide a portable toilet onsite for lessees.
Section 7-106: Adequate Public Utilities
The Applicant has indicated that electricity is available at the site. No other public utilities
are required.
Section 7-107: Access and Roadways
a. Referral Comments from the County Road and Bridge Department (see attached
exhibit) did not state any concerns with the Application.
b. The Traffic Study provided by the Applicant and conducted by Sopris Engineering,
indicates that the Contractors Yard will have 18 AM Peak and 18 PM Peak average
vehicle trips and 159 average daily trips. The traffic impacts were compared to the traffic
analysis conducted as a part of the 2011 designation of the area as a Rural Employment
Center as well as the CDOT access permit to Highway 82. The application was also
referred to Garfield County Road and Bridge and CDOT for comment. The conclusions
by Sopris Engineering, CDOT and Garfield County Road and Bridge are that the use will
have minimal traffic impacts on the County Road and Highway 82. As a result, no
improvements to the Applicant's access to the County road or to the adjacent highway
system are proposed. As it is not clear how many tenants may occupy the Yard and their
specific traffic demands, however, Staff recommends a condition of approval that the
traffic be limited to 159 average daily trips.
c. Circulation within the contractor's yard area is depicted on the site plan. The
Applicant has indicated that the access roads from the entrance to CR 103 to the site
meet the dimensional requirements outlined in Section 7-107. Staff recommends a
Condition of Approval that the roads be maintained to the standards outlined in Section
7-107.
Section 7-108: Natural Hazards
The Applicant provided a 2011 geotechnical study conducted by CTL Thompson. The
study indicates that "No geologic or geotechnical conditions were identified which would
preclude the planned development of this site. Collapse -prone soils outside of the pit area
and potential for sink hold formation related to Eagle Valley Evaporite are the primary
geologic concern."
13
Article 7, Division 2: General Resource Protection Standards
Section 7-201 Agricultural Lands
The property is not currently in agricultural production as it is a reclaimed gravel pit.
Impacts to adjacent agricultural uses are not expected.
Section 7-202 Wildlife Habitat Areas
The proposed contractor's yard will not create any new areas of disturbance and new
impacts to wildlife are not expected.
Section 7-203 Protection of Wetlands and Waterbodies
The proposed contractor's yard is located in an already disturbed area and distant from
any formal wetlands or water bodies. A drainage study has been provided and
stormwater retention improvements are in place. Compliance with the drainage
study/plan should be required.
Section 7-204 Drainage and Erosion
No additional disturbance or impacts are anticipated by the Application. The entire 5
acres will be impervious compacted soils. A retention pond adjacent to the facility is
adequate to accommodate the runoff from this development. Staff recommends a
condition of approval that the operator adhere to all applicable prior approvals and
conditions of approval from the Powers Pit and concrete batch plant, including the grading
and drainage plan and revegetation and reclamation plans.
Sections 7-205 Environmental Quality
In regard to air quality, the Application represents that dust mitigation measures will be
implemented during construction. Conditions of approval should require ongoing dust
mitigation during operation of the contractor's yard.
Section 7-206 Wildfire Hazards
The subject property is identified as Not Rated according to Map 7, Wildland Fire
Susceptibility Index of the Community Wildfire Protection Plan (CWPP) while County GIS
30 meter accuracy wildfire mapping show this property in a low to moderate wildfire
hazard area. In addition, no slopes over 30% have been identified and no fire chimneys
are known to exist on the property. To this end, as the facility is to be developed within a
highly disturbed area, it is Staff's opinion that the proposed development area is within a
manageable wildfire hazard area.
14
Section 7-207 Natural and Geologic Hazards
See Section 7-108, above
Section 7-208 Reclamation
The entire site is located within the reclaimed Powers Pit. The site is required to comply
with the reclamation plan in place for this pre-existing facility. The application was referred
to the Mined Land and Reclamation Board, however no comments were received.
Article 7, Division 3, Site Planning and Development Standards
Section 7-301 Compatible Design
See Section 7-103, above.
Section 7-302 Off -Street Parking and Loading Standards
Provided the nature and character of the proposed development, ample parking and
circulation will be provided.
Sections 7-303 Landscaping Standards
Industrial uses are not subject to specific landscaping requirements of the Code.
Section 7-304 Lighting
The Applicant has represented that lighting will be code compliant (down directed,
shielded and internally oriented to the site).
Section 7-305 Snow Storage Standards
Adequate areas for snow storage is available for the proposed facility.
Section 7-306 Trail and Walkway Standards
These standards are not applicable based on the proposed use.
15
Article 7, Division 3, Section 7-1001: Industrial Use Standards
The Application submittal addresses key industrial use standards from the Land Use and
Development Code summarized with staff comments below:
A. Residential Subdivision
The location is not within a residential subdivision.
B. Setbacks
The proposed Contractors Yard is over 100 feet from any residential use.
C. Concealing and Screening
As the proposed use is within the Powers Pit, it is adequately screened from Highway 82
and other public rights of way by berms put in place when the property was used for gravel
extraction. While topography may make the facility viewable from some vantage points,
it is unreasonable to completely shield it from all locations.
D. Storing
The storage use will be a minimum of 100 feet from the property line. The Applicant has
indicated that they will comply with all standards for storage as outlined in the Land Use
and Development Code.
E. Industrial Wastes
Industrial wastes will be required to be stored in compliance with Federal and State
regulations. The Applicant has indicated that all industrial and hazardous wastes will be
stored in accordance with Federal and State regulations.
F. Noise
Noise generation will need to comply with State regulations. Should future violations be
noted the Applicant shall be required to achieve compliance through mitigation or
operational changes (i.e. hours of operation, types of contractor uses). The Applicant has
stated that the use will conform to State noise standards.
As is a condition of approval in Resolution 2011-77, Staff recommends a condition of
approval prohibiting the use of truck jake brakes when accessing the facility from CR 103
in order to reduce impacts to adjacent property owners.
16
G. Ground Vibration
Given the size of the property and separation from neighboring land uses, ground
vibration is not anticipated to perceptible at the property boundaries. It is recommended
that a condition of approval be added requiring adherence to this Code standard.
H. Hours of Operation
The Code requires that "Any activity that will generate noise, odors, or glare beyond the
property boundaries will be conducted between the hours of 7.00 AM and 7.00 PM
Monday through Saturday, or as approved by the decision-making authority." The
Applicant has requested an adjustment to the permitted hours of operation to 6.00 AM to
8.00 PM Monday through Saturday. Due to the location of the facility and the distance
from residential uses, it is Staffs opinion that, with the acceptance of a waiver from this
standard, the request is appropriate.
I. Interference, Nuisance, or Hazard
The Applicant has represented that the use will conform to the standards for interference,
nuisance and hazards. Staff recommends a condition of approval requiring adherence to
this standard.
VI. SUPPLEMENTAL SUBMITTALS
No supplemental materials were submitted after the application was deemed technically
complete.
VII. SUGGESTED FINDINGS
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.
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.
17
VIII. RECOMMENDATION AND DRAFT CONDITIONS
Approval subject to compliance with the following conditions which 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.
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. All 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.
18
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.
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
19
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.
20
EXHIBIT
1
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
My application required written/mailed notice to adjacent property owners and mineral
owners.
1.7 Mailed notice was completed on the \,Okiay of V iP. , 2015.
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
■ Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
Notice was published on the day of , 2015.
• Please attach proof of publication in the Rifle Citizen Telegram.
EMy application required Posting of Notice.
Notice was posted on the day of
, 2015.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the aboveinformationis true and accurate.
Name: V‘,341g. V1 JAtiT
Signature:
Date: 104 Via
ASPEN, CO 81612
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PUBLIC NOTICE
TAKE NOTICE that Crystal Ranch Corp. 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: See Attached Legal Description
Practical Description:
Description of Request:
The proposed use is located at 013114 Highway 82. The property is
located approximately 11/2 miles east of the Town of Carbondale. It
is located in Section 23, T7S, R88W on a part of that property known
by Assessor's Parcel No. 2393-234-00-131.
The Applicant is requesting approval for a small contractor's yard 5
acres in size on part of an overall tract that is 89.165 acres in size.
The contractor's yard is to be located on the floor of the Powers Pit,
which is currently in the process of reclamation. Contractor's yard
space will be available for lease by different contractor businesses.
The balance of the site is the remainder of the Powers Pit and
Concrete batch plant. Access to the site is to be via a new access
road to an existing access point on County Road 103. The property is
zoned Rural (R).
Vicinity Map: See Attached Vicinity Map
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 July 2, 2015. Any comments to be
considered must be received prior to that date.
Community Development Department
Garfield County
Public Notice
4-203 Vicinity Map:
- Glenwood
Sprins
I 4
T
•
c My Map
Crystal Ranch Corp. Property
13112 Highway 82
Carbondale, Colorado 81623
Public Notice
Legal Description Attachment
L.S. #27613 IN PLACE, THENCE LEAVING SAID EASTERLY LINE S 84 DEGREES 41' 00" W 251.75 FEET
TO A REBAR AND CAP L.S. #27613 IN PLACE, THENCE N 68 DEGREES 30' 55" W 452.94 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 13, A REBAR AND CAP L.S. #27613 IN
PLACE; THENCE N 89 DEGREES 50' 38' W ALONG SAID NORTHERLY LINE 787.55 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. #27613 IN
PLACE; THENCE N 72 DEGREES 50' 07" W ALONG SAID NORHTERLY RIGHT-OF-WAY 260.97 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 73 DEGREES 16' 36" W 437.06 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 1950.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 33' 00" A DISTANCE
OF 597.30 FEET (CHORD BEARS N 82 DEGREES 04' 37" W 594.96 FEET); THENCE CONTINUING ALONG
SAID NORTHERLY RIGHT-OF-WAY S 89 DEGREES 08' 53" W 32.40 FEET TO A CDOT RIGHT-OF-WAY
MONUMENT IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 77
DEGREES 38' 38" W 141. 70 FEET TO A CDOT RIGHT-OF-WAY MONUMENT IN PLACE, THENCE
CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 89 DEGREES 09' 30" W 340.31 FEET TO A
POINT ON THE EASTERLY BOUNDARY LINE OF DIXON SUBDIVISION AS AMENDED; THENCE LEAVING
SAID NORTHERLY RIGHT-OF-WAY N 00 DEGREES 00' 21" W ALONG THE EASTERLY LINE OF SAID
SUBDIVISION AND SAID EASTERLY LINE EXTENDED 1009.99 FEET TO POINT ON THE NORTHERLY
LINE OF GOVERNMENT LOT 6 OF SAID SECTION 27; THENCE N 88 DEGREES 32' 33" E ALONG SAID
NORTHERLY LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 55.01 FEET TO THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; THENCE N 00 DEGREES 35' 37" E ALONG THE WESTERLY
LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 914.30 FEET TO THE NORTHEAST SIXTEENTH
CORNER OF SAID SECTION 27, A BLM CAP IN PLACE; THENCE ALONG THE NORTHERLY LINE OF SAID
LOT 1 S 88 DEGREES 41' 05" E 1296.82 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION
27 AND SECTION 26, A BLM CAP IN PLACE; THENCE S 89 DEGREES 59' 06" E ALONG THE NORTHERLY
LINE OF GOVERNMENT LOT 4 AND LOT 3 OF SAID SECTION 26 A DISTANCE OF 2923.75 FEET TO THE
NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 26, A BLM CAP IN PLACE; THENCE S 89
DEGREES 09' 48" E ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 2 A DISTANCE OF 1306.83
FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 26, A 3 1/4" ALUMINUM CAP L.S.
#19598 SET IN PLACE; THENCE N 04 DEGREES 07' 35" E ALONG THE WESTERLY LINE OF THE
NE1/4NE1/4 OF SAID SECTION 26 A DISTANCE OF 1379.95 FEET TO THE EAST SIXTEENTH CORNER OF
A PARCEL OF LAND SITUATED IN THE E1/2SE1/4 OF SECTION 23, LOTS 1, 2, 3, 4, 5, 6, 7,8, 10, 11, 12, 13
OF SECTION 26, LOTS 1, 6, 7, 8, 9 OF SECTON 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
SECTION 23, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE POINT OF BEGINNING;
THENCE S 04 DEGREES 11' 39" W ALONG THE EASTERLY LINE OF SECTION 26 A DISTANCE OF 1363.18
FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 26 AND SECTION 25, A BLM CAP IN PLACE;
THENCE CONTINUING ALONG SAID EASTERLY LINE S 04 DEGREES 11' 15" W 882.42 FEET; THENCE
LEAVING SAID EASTERLY LINE S 89 DEGREES 58' 54" W ALONG THE NORTHERLY LINE OF
GOVERNMENT LOT 8 A DISTANCE OF 441,01 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF
LAND DESCRIBED IN RECEPTION NO. 241101 OF THE GARFIELD COUNTY CLERK AND RECORDER'S
OFFICE, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE S 02 DEGREES 54' 54" W ALONG THE
EASTERLY BOUNDARY OF SAID PARCEL 134.10 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE;
THENCE CONTINUING ALONG SAID EASTERLY LINE S 32 DEGREES 28' 54" W 435.00 FEET TO A REBAR
AND CAP L.S. # 27613 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 58 DEGREES
20' 54" W 471.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID
EASTERLY LINE S 46 DEGREES 47' 54" W 964.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE;
THENCE CONTINUING ALONG SAID EASTERLY LINE S 38 DEGREES 58' 54" W 245.00 FEET TO A REBAR
AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 20 DEGREES 31'
54" W 586.43 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82, A
REBAR AND CAP L.S. #19598 IN PLACE; THENCE N 75 DEGREES 41' 08" W ALONG SAID NORTHERLY
RIGHT-OF-WAY 86.22 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 17
DEGREES 10' 22" E 115.01 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 72 DEGREES 49'
38" W 100.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 17 DEGREES 10' 22" W 120,00
FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 75 DEGREES 41' 08" W ALONG SAID
NORTHERLY RIGHT-OF-WAY 200.32 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 72
DEGREES 49' 38" W 1100.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 69 DEGREES
00' 38" W 37.47 FEET TO A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 13, A REBAR AND
CAP L.S. #27613 IN PLACE; THENCE LEAVING SAID RIGHT-OF-WAY N 00 DEGREES 03' 08" W ALONG
THE EASTERLY LINE OF GOVERNMENT LOT 13 A DISTANCE OF 282.77 FEET TO A REBAR AND CAP
11 Page
Legal Description Continued
SAID SECTION 26 AND SECTION 23, A BLM GAP INPLACE; THENCE N 01 DEGREES 15' 55" W ALONG
THE WESTERLY LINE OF THE E1/2SE1/4 OF SAID SECTION 23 A DISTANCE OF 2603.33 FEET TO THE
EAST -CENTER SIXTEENTH CORNER OF SAID SECTION 23, A BLM CAP IN PLACE; THENCE N 89
DEGREES 52' 54" E ALONG THE NORTHERLY LINE OF SAID E1/2SE1/4 A DISTANCE OF 1237.65 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 23, A COUNTY SURVEYOR BRASS CAP IN PLACE;
THENCE S 02 DEGREES 43' 05" E ALONG THE EASTERLY LINE OF SAID SECTION 23 A DISTANCE OF
1321,92 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 23 AND SECTION 24, A BLM CAP
IN PLACE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 23 S 02 DEGREES 47'
35"E 1322,21 FEET TO THE POINT OF BEGINNING,
TOGETHER WITH THE PROPERTY DESCRIBED IN INSTRUMENT RECORDED JUNE 5, 2001 IN BOOK
1258 AT PAGE 902 AND INSTRUMENT RECORDED AUGUST 4, 2003 IN BOOK 1501 AT PAGE 322
EXCEPTING FROM THE ABOVE:
THE PARCEL OF LAND RECORDED IN INSTRUMENT RECORDED APRIL 16, 2001 IN BOOK 1245 AT PAGE
659 AND PARCEL OF LAND RECORDED IN INSTRUMENT RECORDED NOVEMBER 2, 2007 UNDER
RECEPTION NO. 736678.
AND EXCEPTING FROM THE ABOVE:
THE PARCEL OF LAND DESCRIBED IN INSTRUMENT RECORDED JUNE 13, 2012 AT RECEPTION NO.
819979 AND RECORDED FEBRUARY 4, 2013 AT RECEPTION NO. 830840
AND EXCEPTING FROM THE ABOVE:
THE PARCEL OF LAND DESCRIBED IN INSTRUMENT RECORDED MARCH 19, 2012 AT RECEPTION NO.
816136 AND RECORDED FEBRUARY 4, 2013 AT RECEPTION NO. 830840
AND EXCEPTING FROM THE ABOVE:
A ROADWAY WITHIN LOTS 10 AND 11 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN THE
PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO.
710307 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARINGS CONTAINED HEREIN BEING
RELATIVE TO A BEARING OF S 89°59'06" E BETWEEN THE N1/16 CORNER OF SAID SECTIONS 26 AND
27 AND THE N -C1/16 OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
21 Page
Legal Description Continued.
BEGINNING AT A POINT ON THE COMMON BOUNDARY OF SAID DOCUMENT AND THE PROPERTY
DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555 OF
SAID COUNTY RECORDS FROM WHENCE SAID N1116 CORNER BEARS N. 52°19'38"W., A DISTANCE OF
4,386.66 FEET; THENCE LEAVING SAID COMMON BOUNDARY THE FOLLOWING SIX (6) COURSES:
1) S 43°03'09" W, 72.85 FEET;
2) 94.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 200.00 FEET AND CENTRAL
ANGLE OF 27°12'29" (CHORD S 56°39'24" W, 94.08 FEET);
3) S 70°15'39" W, 176.85 FEET;
4) 147.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 160.00 FEET AND CENTRAL
ANGLE OF 52°58'45" (CHORD BEARS S 43°46'16" W, 142.73 FEET):
5} S 17°16'54" W, 4.99 FEET;
6) S 59°19'11" W, 67.47 FEET TO A POINT ON THE COMMON BOUNDARY OF SAID PROPERTY
DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 AND THE
NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82: THENCE ALONG SAID COMMON BOUNDARY
THE FOLLOWING THREE (3) COURSES:
1) S 75°40'49" E, 131.97 FEET;
2) N 17°10'41'. E, 120.00 FEET;
3) S 72°49'19" E, 35.93 FEET: THENCE LEAVING SAID COMMON BOUNDARY N 70°15'39" E, A DISTANCE
OF 160.27 FEET; THENCE 50,95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
200.00 FEET ANDA CENTRAL ANGLE OF 14°35'43" (CHORD N 62°57'47' E, 50.81 FEET TOA POINT ON
SAID COMMON BOUNDARY OF SAID PROPERTY DESCRIBED IN THE DOCUMENT RECORDED
NOVEMBER 2, 2006 AS RECEPTION NO, 710307 AND THE PROPERTY DESCRIBED IN THE WARRANTY
DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO, 348555; THENCE ALONG SAID COMMON
BOUNDARY N 20°32'00" E, A DISTANCE OF 169.06 FEET TO THE POINT OF BEGINNING AS
DECLARATION IN INSTRUMENT RECORDED APRIL 22, 2014 AT RECEPTION NO. 848450
COUNTY OF GARFIELD
STATE OF COLORADO
Wage
June 18, 2015
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: All Valley Storage Contractors Yard: GAPA 8208
Dear David:
MOUNTAIN CROSS
ENGINEERING, INC.
Civil and Environmental Consulting and Design
b
9
EXHIBIT
This office has performed a review of the documents provided for the Administrative Review
Application of the All Valley Contractors Yard for the Crystal Ranch Corporation. The
submittal was found to be thorough and well organized. The review generated the following
comments:
1. The application materials address screening the proposed use from Highway 82. The
Applicant should address if there are other vantage points that should be screened.
2. 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. "(he project
narrative states that no water system is to be provided and that employees will carry their
own water. The Applicant should discuss if there were any prior commitments or
conditions associated with that water distribution system.
Feel free to call if you have any questions or comments.
Sincerely,
Mounta' . Cross Engi e ing, c.
s Hale, PE
826 1/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
June 18, 2015
Garfield County
David Pesnichak
Garfield County Community Development Department
RE: Crystal Ranch Corp Contractor's Yard — GAPA-8208
Dear Dave,
Vegetation Manajenrent
In the Pre -Application Conference Summary, county staff states that a Weed Management Plan is required for the site
and that it may be part of the greater reclamation plan for the site. The reclamation plan was included; I didn't see a weed
management plan in the packet. After working with several parties this spring on noxious and invasive weed issues
occurring on the reclaimed slope of the pit, it is my opinion that current and future weed issues will be addressed by the
former gravel pit operator. We would expect the applicant to address any noxious weed issues in the contractor's yard as
they occur.
Sincerely,
Steve Anthony
Garfield County Vegetation Manager
0375 County Road 352, Bldg 2060
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939
David Pesnichak
From: Michael Prehm
Sent: Monday, June 01, 2015 10:58 AM
To: David Pesnichak
Cc: Rayjean Kramer
Subject: All Valley Storage Contractors Yard (Powers Pit)
David,
EXHIBIT
The existing access off of County Road 103, and the intersection of CR 103 at State Hwy 82 was brought up to code by
Crystal Ranch Corporation during the realignment of CR 103. This access will handle the additional traffic volumes
proposed by this proposal. I have no concerns with this proposal
Thank you for giving me the opportunity to review this.
Mike Prehm
Garfield County Road & Bridge
Foreman / Glenwood District
(970) 945-1223 Office
(970) 945-1318 Fax.
(970) 618-7109 CeII
1
David Pesnichak
EXHIBIT
Id
From: Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Sent: Friday, June 12, 2015 2:33 PM
To: David Pesnichak
Subject: Re: Referral Application: GAPA-8208 - Crystal Ranch Corp. (All Valley Storage) Small
Contractor's Yard
David - I have reviewed the Crystal Ranch Corp (All Valley Storage) Small Contractor's Yard on SH 82. It
appears all access is on Garfield County roads. It is very unlikely the new use will increase traffic by
20%. Therefore, no access permit will be required.
thanks
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970.683.6284 F 970.683.6290
222 South 6th Street, Room 100, Grand Junction, CO 81501
daniel.roussin@state.co.us I www.coloradodot.info 1 www.cotrip.org
,ig
On Wed, May 27, 2015 at 4:57 PM, Lindsay Krol <1krol(garfield-county.com> wrote:
Hello,
The Garfield County Community Development Department has received an application for a land use
change permit for the Crystal Ranch Corp. (All Valley Storage) Small Contractor's Yard. Attached, are the
Referral Form and Cover Page documents regarding this application. Your comments are an important part of
the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff
report, we request your response by
Thursday, June 18, 2015.
1
EXHIBIT
David Pesnichak
From: Franco - DNR, Ivan <ivan.franco@state.co.us>
Sent: Thursday, June 04, 2015 2:50 PM
To: David Pesnichak
Cc: Jake DeWolfe - DNR
Subject: Re: Referral Application: GAPA-8208 - Crystal Ranch Corp. (All Valley Storage) Small
Contractor's Yard
Mr. Pensichak,
This office has reviewed the proposal by the applicant to construct and operate a contractors yard at 13114 Highway 82 in Carbondale.
The applicant does not propose to create a new lot or change the size of the existing lot. The applicant proposes to supply potable
water for drinking and sanitary purposes through an existing domestic water well located on the property. The applicant does not
appear to reference the water well by permit number . The applicant mentions that little to no outside watering is expected. Waste
water from the site will be handled by an on-site septic system.
This office has record of one recently permitted well located on the property with Permit No. 282659. The well was approved pursuant
to C.R.S. 37-92-602 (3)(b)(I), on February 16, 2010, for a well limited to monitoring water levels and/or water quality sampling. The
well must be kept capped and locked at all times except during sampling or measuring. This well is known as Crystal Ranch C-1.
If the applicant intends to use the above referenced well, or any other exempt well, for the proposed use the applicant will need to re -
permit the existing well with a non-exempt permit that operates pursuant to a court decreed plan for augmentation for all intended
uses. As of the date of this correspondence, the applicant has not made an application to meet this requirement and this office cannot
support the proposed application. If you or the applicant have any questions please feel free to contact me at this office.
Sincerely,
Ivan Franco, P.E.
Water Resources Engineer
COLORADO
Division of Water Resources
Department of Natural Resources
P 303.866.3581 / F 303.866.2223
1313 Sherman Street, Room 818, Denver, CO 80203
ivan.franco®state.co.us / www.water.state.co.us
Forwarded message
From: Lindsay Krol <lkrol a,garfield-county.com>
Date: Wed, May 27, 2015 at 4:57 PM
Subject: Referral Application: GAPA-8208 - Crystal Ranch Corp. (All Valley Storage) Small Contractor's
Yard
To: Michael Prehm <mprehm@garfield-county.com>, Kelly Cave <kcave a garfield-county.com>,
"jsears a,garcosheriff corn" <jsears a,garcosheriff.com>, Steve Anthony <santhony@garfield-county.com>,
Morgan Hill <mhill(2i garfield-county.com>, Chris Bomholdt <cboniholdt( garcosheriff.cotn>,
"Megan.sullivan@state.co.us" <Megan.sullivan@state.co.us>, "daniel.roussin(state.co.us"
i
June 4, 2015
COLORADO
Department of Public
Health & Environment
EXHIBIT
1 fZ
Dedicated to protecting and improving the health and environment of the people of Colorado
Lindsay Krol
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: All Valley Storage: Contractors Storage Yard
Dear Ms. Krol:
On May 27, 2015, the Colorado Department of Public Health and Environment's Air Pollution
Control Division (APCD or Division) received a request for an air quality administrative review
concerning All Valley Storage: Contractors Storage Yard. The Division has reviewed the
project and has determined that the following provisions of the Colorado Air Quality Control
Commission (AQCC) Regulations may apply to the project based on the information provided.
Please note that the following regulations may not be inclusive of the regulations the proposed
project will be subject to. It is the responsibility of the involved parties to determine what
regulations they are subject to and follow them accordingly.
In Colorado, most businesses that are or will be emitting air pollutants above certain levels are
required to report those emissions to the Division by completing an Air Pollutant Emissions
Notice (APEN). This is a two in one form for reporting air emissions and to obtain an air permit,
if a permit will be required. While only businesses that exceed the AQCC reporting thresholds
are required report their emissions, all businesses - regardless of emission amount - must always
comply with the Colorado AQCC regulations.
•co p,
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor ! Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
In general, an APEN is required when uncontrolled actual emissions for an emission point or
rou of emission points exceed the followinf? defined emission thresholds:
Table 1
APEN Thresholds
Pollutant Category
UNCONTROLLED ACTUAL EMISSIONS
Attainment Area
Non -attainment Area
Criteria Pollutant
2 tons per year
1 ton per year
Lead
100 pounds per year
100 pounds per year
Non -Criteria Pollutant
250 pounds per year
250 pounds per year
Uncontrolled actual emissions do not take into account any pollution control equipment that may
exist. A map of the Denver Metropolitan Ozone Non -attainment area can be found at:
http://www.colorado.gov/airquality/ss map wm.aspx.
Additional information on APENs and air permits can be found at
https://www.colorado.gov/pacific/cdphe/apen-andpermitti g -guidance. This site explains the
process to obtain APENs and air quality permits, as well as information on calculating emissions,
exemptions, and additional requirements. You may also view AQCC Regulation Number 3 at
https://www.colorado.gov/pacific/cdphe/aqcc-regs for the complete regulatory language.
If you have any questions regarding Colorado's APEN or air permitting requirements or are
unsure whether your business operations emit air pollutants, please call the Small Business
Assistance Program (SBAP) at 303- 692-3175 or 303-692-3148.
If you have any other questions or need additional information, please call the phone numbers
listed above, or call or e-mail me directly.
Thank you for contacting the Air Pollution Control Division about requirements for your project.
Sincerely,
Ingrid Hewitson
Air Quality Planner
Planning and Policy Program
Air Pollution Control Division
Colorado Department of Public Health and Environment
303-692-6331 / Ingrid.hewitson@state.co.us
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe I
John W. Hickenlooper, Governor 1 Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
1111 IPi'rJ. MAIM Pi 11111
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STATE OF COLORADO
)ss
County of Garfield
EXHIBIT
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday, the 5th day of December, 2011, there were present:
John Martin
Mike Samson
Tom Jankovsky
Andrew Gorgey
Carey Gagnon
Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Assistant County Attorney
, Clerk of the Board of County Commissioners
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2011- 71
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT, MIPA 6919, FOR THE CONTINUED OPERATION OF A CONCRETE
BATCH PLANT KNOWN AS THE "POWER'S PIT CONCRETE BATCH PLANT"
PARCEL NO. 2393-234-00-131
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application from Crystal Ranch Corp, (the "Applicant') for a Land Use Change Permit for a
substantial modification to an existing Special Use Permit operating pursuant to Resolution
1980-58.
13. The subject property, depicted and described in Exhibit A, is located at the northwest
corner of State Highway 82 and Crystal Spring Creek Road (County Road 103) and is
approximately two miles northeast of Carbondale, Colorado with a property address of 013114
State Highway 82.
C. The subject property is described in the application documents and located within the
parcel described in the attached Exhibit A and incorporated by this reference.
D. The subject property is located within the Rural zone district and a Land Use Change
Permit for a substantial modification to an existing Special Use Permit requires approval through
a Major Impact Review Process conducted by Garfield County.
1111 GJh4lllnl'rti'4MLI114 11111
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E. The Board of County Commissioners is authorized to approve, approve with
conditions, or deny a Land Use Change Permit for "a substantial change to a Special Use Permit"
pursuant to Sections 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of
2008, as amended.
F. The Garfield County Planning Commission opened a public hearing on September 28,
2011 upon the question of whether the Land Use Change Permit application for a substantial
change to an existing Special Use Permit should be approved, approved with conditions, or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the application.
G. The Garfield County Planning Commission closed the public hearing on September
28, 2011 and forwarded a recommendation of approval with conditions to the Board of County
Commissioners.
H. The Board of County Commissioners opened a public hearing on the 5th day of
December, 2011 upon the question of whether the Land Use Change Permit application for the
substantial modification to an existing Special Use Permit should be approved, approved with
conditions, or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the application.
I. The Board of County Commissioners closed the public hearing on December 5,
2011 to make a fmal decision.
J. The Board of County Commissioners on the basis of substantial competentevidence
produced at the aforementioned hearings has made the following determinations of fact:
1. That the proper notice was provided as required for the hearings before the Board of
County Commissioners; and
2. That the hearings before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted or could be submitted
and that all interested parties were heard at those meetings; and
3. That the application, if all conditions are met, will be in conformance with the applicable
Sections of the Garfield County Unified Land Use Resolution of 2008, as amended; and
4. That the modification of the landscaping standards are an appropriate deviation as per
Section 7-305A.7.a of the Unified Land Use Resolution of 2008, as amended, and that the
modification to include the planting of 1 '/2 inch caliper trees is appropriate; and
1111 Irk IIFiiiletiI 'BILI ,I114 11 III
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5. The proposed use is the best interest of the health, safety, convenience, order, prosperity
and welfare of the citizens of Garfield County so long the conditions of approval are met.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
1. That the proper notice was provided as required for the hearings before the Board of
County Commissioners; and
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted or could be submitted and that
all interested parties were heard.
3. That the application, if all conditions are met, will be in conformance with the applicable
Sections of the Garfield County Unified Land Use Resolution of 2008, as amended.
4. That the modification of the landscaping standards are an appropriate deviation as per
Section 7-305A.7.a of the Unified Land Use Resolution of 2008, as amended, and that the
modification to include the planting of 1 '/2 inch caliper trees is appropriate.
5. That the proposed use is the best interest of the health, safety, convenience, order,
prosperity and welfare of the citizens of Garfield County so long as the following
conditions are met:
a. That all representations made by the Applicant in the application, and at the public
hearings before the Planning Commission and Board of County Commissioners, shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners;
b. That the operation of the facility be done in accordance with all applicable
Federal, State and Local regulations governing the operation of this type of
facility;
c. All new lighting associated with the property shall be directed inward and downward
towards the interior of the property;
d. Prior to the issuance of a Land Use Change Permit, the applicant shall resolve
with County Road and Bridge and Colorado Department of Transportation
outstanding issues with road improvements and access which include but are not
limited to:
i. Appropriate Signage. The applicant shall work with County Road and
Bridge to determine the appropriate type and placement of signage
including but not limited to stop signs, truck warning signs and speed
Ell 1417111 1f16w .1 .1011V411111i41.11i�k 11111
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signs.
ii. Relocation of Private Driveway. The Applicant shall work with County
Road and Bridge to determine the appropriate location for the proposed
private driveway access taking into account stacking distance and site
distance. The applicant will provide a copy of an approved Driveway
Access Permit to the Planning Department.
iii. County Road 103 and State Highway 82 Improvements. The
Applicant shall work with Colorado Department of Transportation and
County Road and Bridge to determine the necessity of any additional road
improvements, including but not limited to turn lanes,
deceleration/acceleration lanes, and drainage improvements. A copy of an
approved Colorado Department of Transportation access permit shall be
provided to the Planning Department.
iv. Improvements Agreement. The Applicant shall design, engineer,
construct and provide adequate financial security for any work to be
completed on County Road 103, in a form as required by the County and
pursuant to the Garfield County Road and Right-of-way Regulations.
e. The applicant shall deed to the County all portions of County Road 103 that fall
upon or cross the Crystal Ranch Corp. property.
f. All vehicles using County Road 103 to access the Crystal Ranch Corp Concrete Batch
Plant shall abide by Garfield County's oversize/overweight system. All vehicles requiring
oversize/overweight permits shall be obtained from the Garfield County Road and Bridge
Department.
g. All trucks using the site access and/or County Road 103 shall not use engine
Jake Brakes to decelerate.
h. The concrete batch plant shall be allowed to operate Monday through Saturday from
7:00 a.m. to 7:00 p.m. while on-site administrative and/or maintenance activities may
operate Monday through Saturday 6:00 a.m. to 8:00 p.m. There shall be no operations on
Sunday except in the case of an emergency or for standard maintenance purposes.
i. All noise generated from the operation shall not exceed the maximum permissible
limits set forth in C.R.S. § 25-12-103.
j. The property owner and operator acknowledge that Garfield County has the following
performance standards, and failure to comply with such standards could lead to
revocation of the Land Use Change Permit:
i. All fabrication, service and repair operations shall be conducted within an
enclosed building or obscured by a fence, natural topography or landscaping;
1111n '♦ 111111 Y,MW laut IN 11111
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ii. All operations involving loading and unloading of vehicles shall be conducted
on private property and shall not be conducted on a public right-of-way;
iii. All industrial wastes shall be disposed of in a manner consistent with statutes
and requirements of Colorado Department of Public Health and Environment;
iv. 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; and
v. Every use shall be operated so that it does not emit, heat, glare, radiation, dust,
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 signal and reflective painting of storage tanks, or other legal
requirements for safety or air pollution control measures shall be exempted from
this provision.
k. The applicant shall implement the revised landscaping plan in areas outside of
those directly impacted by the continued operation of the concrete batch plant by
April 30, 2013. The full extent of the landscaping plan shall be implemented upon
the termination of the batch plant lease in 2028.
1. Prior to the issuance of a Land Use Change Permit an Emergency Preparedness
Plan shall be submitted to the Planning Department and the Carbondale Rural Fire
Protection District.
m. Gravel for this concrete batch plant shall be hauled from Cerise Mine except
for limited quantities of specialty products not available at this location which
may be brought in from other sources. Contrary to any provision in the County's
Unified Land Use Resolution in effect at the time of the request, the Director of
Building and Planning or the Board of County Commissioners may consider any
change to this condition of approval as either a "non -substantial change" or a
"substantial change" depending upon the evidence of any changes to off-site
impacts of the approved Land Use Change Permit, and the requested change will
be reviewed accordingly.
n. All conditions of approval will remain in full force as required in Resolution
1980-58 John G. Powers SUP) in addition to the conditions herein.
1111 PiIMIRAN11.1%41,11714614EV.1.01111411111
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Dated this 12th day of December , 2011
ATTEST:
Cler/of the Board of County C
GARFIELD COUNTY BOARD OF
COUNTY COMMISSIONERS,
GARFIELD COLORADO
Upon motion duly made and seconded • foreg • ing Reso was adopteby the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
, Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this 12th day of December , 2011.
County Clerk and ex -officio Clerk of the Board of County Commissioners
r—B
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it 11 11 AN',M II Giii1 IONI /;4 4 WI 11111
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a
,44
a3
"-- v'ews
a
STATE OF COLORADO
County of Garfield
At a .._
held at the r' 1O
.. ......«........R......_.__._ A. D. 1A.___....... , there were present:
Richard C,
'lavers J. Cerise ,
EXHIBIT
regular meengg of the Board of County Commissioners for i'ia d County, Colorado,
, the_...._.._c`.._.___..._._....day of
ouse in Glenwood Springs at Mon ajT
a
•
Arthur A. Abplanal-p,,,,Jr- _ C tyAttorney
,Nancy_ S,prick Page Deputy • Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
Commissioner chairman
Commissioner -
RESOLUTION NO. 80-58
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION BY JOHN G. POWERS.
WHEREAS, the Board of County Commissioners of Garfield
County has received an application from Flash Concrete, Inc.,
as agent for John G. Powers, for a special use permit for
the extraction of natural resources and the processing of
natural resources by the establishment of. a gravel washing
plant and a concrete batch plant as principal use of a lot
on the following described tract of land:'
That part of Lot 12 in the SW -1/4 of Section
26, Township 7 South, Range 88 West of the
6th Principal Meridian, lying northerly cf
Colorado State Highway 82; and
WHEREAS, pursuant to required public notice, the Board
conducted a Public hearing on the 17th day of March, 1980,
upon the -question of whether the above described special use
permit should be granted or denied, at which hearing the
public and interested agencies and persons were given the
opportunity to express- their opinions regarding the issuance
of said special use, permit; and
WHEREAS, the.Soard on the basis of the evidence produced
at the aforementioned. hearing, has made the following determine=
tions of fact:
1. The proposed .use is compatible with the uses existing
and permitted in the district in which it is to be located,
provided that certain hereinafter contained conditions be
complied with.
2. That neither the impact on traffic volume and safety
or on utilities, or any other impact of the special use will
be injurious to the established neighborhood or zone district•
in which the special use is proposed to be located.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners
of Garfield County, Colorado, that a special use permit be
and hereby is authorized permitting the use of the above des-
cribed tract of land for the extraction of natural resources
and the processing of,natural resources by the establishment
of a gravel washing plant and a concrete batch plant as a
principal use of lot, upon the following specific conditions:
1. That the use of the tract of land comply with all
present and future regulations of Garfield County relating to
the location and.use of land for the extraction of natural
resources and the. processing of natural resources by the
establishment of a gravel washing plant and a concrete batch
plant in the zone district in which -the property is now or
may later be located, specifically including, but not limited
to applicable height limitations.
2. The special use permit herein authorized shall
extend only to that part of Lot 12, in the SWI/4.
of Section 26, Township 7 South, Range 88 West of the 6th
Principal Meridian, lying northerly of Colorado State High-
way 82 and easterly.of the east line of Lot 13 in said sec-
tion and a northward extension thereof into the aforementioned
Lot 12.
3. That no water affected or used by the extractive
or processing operation's on the subject property will be per-
mitted by the owners or operators to flow:from the subject -
property in a condition affected by such operation.
ATTEST: BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
/44,-.12
y (fle•rk of e Board Chairman
upon motfoa duly made .and seconded the f Resolution was adopted by the following vote:
Richard C. Joie Aye •
'laven .7.• Cerise • Aye
•Pye
Comers
STATE OF COLORADO
County of Gars 1d
I County Clerk and ex -officio Clerk of the Board of County Commrsdoners
in and for the County and State aioceaaid do Leseby exrtify Lha the aaaaxod and fureyoioy Caner u army cvp ai fromu . Records of
tfieProeeedings of the Board of County Coniinissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto setmy hand and.affixed the seal of said County, at Glenwood Springs,
this. _ dagof A. D. 1g....._.__.
County Clerk and ex -officio Clerk of the Board of County Commissioners