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HomeMy WebLinkAbout2.0 Staff Report 03.05.15PROJECT INFORMATION AND STAFF COMMENTS Timberline Small Contractor's Yard GAPA-7664 315114 Administrative Review Land Use Change Permit - Sma!! Contractor's Yard Timberline Energy, William Spires, President A!!en Gerstenberger, Planner The proposed use is located at 1650 County Road 240. lt is approximately 1 miles east of the Town of New Castle. The property is located in Sections 33 and 34, T5S, R90W on a part of that property known by Assessor's Parcel No. 2123-343-00-078. Overall tract 12.98 aces in size. Small contractor's Yard is 4.93 acres. Rural (R) TYPE OF REVIEW APPLTCANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for a smal! contractor's yard 4.93 acres in size on part of an overalltractthat is 12.98 acres in size. The contractor's yard portion of the property is currently improved with a variety of sheds, access driveways, and an office. Contractor's yard space will 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 Applicant proposes the Contractor's Yards to be used for the storage of equipment and materials used in the building trades. Yard areas will be surfaced with a combination of gravel and compacted soil, minimizing any additional impervious surfaces. lmpervious surfaces would be generally limited to areas such fuel or hazardous materials storage and spill containment shall comply with local, state and federal regulations. The Contractor yard areas are designated on the site plan and include an area in the northern portion of the property and along the western property line extending down to frontage on Hwy. 6 &24. While the property has frontage on Hwy 6 &24athas no access directly onto the highway. Two existing points of access are off County Road 240. The balance of the site outside the proposed Contractor's Yard has two homes, landscaping, ponds, tree storage and a tree nursery business. DESCRIPTION OF THE SITE The site generally slopes down from the County Road which runs along the eastern property line. lt also slopes down to the south toward Highway 6 &24. Slopes across the site are moderate. Some drainage improvements and ponds are located on the remainder portion of the property not within the Contractor's yard areas. A major stand of Cottonwood trees are found in the central portion of the site adjacent to the residential units and are proposed to be preserved outside of the Contractor's Yard area. Portions of the site contain majortree nurseries and storage areas. No unique features such as streams, rock outcroppings, or significant geologic hazards are noted on the site. VIOMTYIUAP The two historic residential units built in approximately 1919 are located in the central portion of the site. The Applicant has provided documentation of their historic, pre-existing status. The homes will continue to be occupied and are currently leased. They are located outside of the proposed contractor's yard project area. 2 m ti,.' j North tll E E' E U rrif EI lrrtr,, !r;rprtco '.il/i I - -61r;1,'2';1,;.y;pjr{ \ 1 rrtfr' The large tree nursery is located along the south and west borders of the property. The Applicant's proposal calls for a major portion of the irrigated tree nursery to stay in place while the non-irrigated area of trees would be removed to make way for the contractor's yard. 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 less than 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. .J n-t-_..i--l__ ( I I I I ( a I I + llit I I I I I \ I I l i i i/ I I I I {Er I 1 I I I t 0ffi*lll (.El Iig a EG'IItsQ !ilJILDINI}S A!II' TEEryEflIjtE{HH M#rts*r#ls" .ltt0llllc I ,ffi T I @ffi I \ "a C. The Application submittal requests a number of waivers from submittal requirements and waivers from certain standards. The waivers requested from submittal requirements included complete geologic hazard and wildlife studies, development and improvements agreements, and certain elements of the site plan mapping. Submittal waivers have been accepted as part of the pre-application and completeness review. The Applicant has also requested a waiverfrom the standard contained in Section 7-1001(B & (D) that require a 100 foot setback for storage areas from adjacent residential property lines. This waiver request is addressed under the Staff Analysis. D. 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. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. 4 ii I *., r.1 !'i ,l I ..i ,, "'i. I I -n' :l .ii -v-e-v--- -v IV. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The property is in general compliance with Zone District Regulation for the Rural Zone District with the exception of pre-existing sheds located along the western property line. The sheds have minima! setbacks from the property line we!! below the 25 ft. rear yard setback requirements. Based on the representations by the Applicant, these structures are legal nonconforming structures pursuant to Article 10 of the Land Use and Development Code. 2. Section 7-102: Compliance with Comprehensive Plan and lGAs The site is located within the Urban Growth Area for the Town of New Castle. Excerpts from the Garfield County Comprehensive Plan Future Land Use Map and the Town's Comprehensive Plan Future Land Use Map are provided below. The Application was referred to the Town of New Castle with their comments attached as an Exhibit. COMPREHENSIVE PLAN FUTURE LAND USE MAP I t l! 5 nr I i i {','ri:- .J Scc N lr (l:rslle trr'l'liur L*_@ t r38l 7-! Lar4 @ Comments submitted by Tim Cain, Town Planner indicated that the proposal "is not consistent with the 2009 Town of New Castle Comprehensive Plan". The comments continue to explain that based on the fact that development of the Town to the east is still far in the future, "we will not formally object to the proposed use, recognizing that when development occurs, it will be in the financial interest of the owner to develop the land for commercial and residential use" Relevant goals and policies from the County Comprehensive Plan are outlined as follows: Chapter 2, Future Land Use lJrban Growth Areas are defined as Area designated by adjacent community for eventual expansion of seruices and annexation Chapter 3 - Section 1 Urban Growth Areas and lntergovernmental Coordination Goal #1: lncrease coordination and communication between the municipalities and the county. 6 New Castle Comprehensive Plan Future Land Use Map Contractor's Yard Site Red: Mixed Use - Commercial Focus Green Asterisk: East Gateway Purple : Business Campus Medium Green: Planned Urban Center Pale Green: Mixed Use Res Focus Oranee Line: ftail I li :l a :al.r-l t ll -- !. , ' ,,: i \:I l- , "il - ,l''l ii' .t hr+ .}xclrl! Goal#3: Ensure that county land use policies and development approvals are compatible with the existing zoning and future land use objectives of the appropiate municipality. Policy #1: Within defined IJGA's, the County Comprehensive Plan, land use code revisions, and individual projects, will be consistent with local municipal land use plans and policies. Chapter 3 - Section 4 Economics, Employment and Tourism Policy #3: The County will encourage the development of a diversified industrial base recognizing physical location-to-matuet capabilities of the community and the social and environmental impacts of industial uses. Strategies/Actions #4: Ensure that commercial/industrial developments are compatible with adjacent land uses and preserue the visual quality of the county. 3. Section 7-103: Compatibility a. The proposed use is located in a rural area with the potential for impacts on surrounding agricultural properties. The history of commercial uses on the site would indicate that properly managed more intense uses can be compatible with surrounding properties. The Application includes a number of screening strategies to help mitigate impacts. The screening proposals need to be better defined to assess the effectiveness of the mitigation. b. The County has received public comments from two neighboring property owners (see attached exhibits) expressing concerns regarding impacts from the proposed use and configuration of the contractor's yard. c. The Application generally represents that the contractor yard shall be used for contractor uses such as the building trades. Verbally the Applicant's representative has expressed concern over restrictions on the uses including the potentialfor limiting heavier industria! type contractors. Limitations may be appropriate to help ensure compatibilitywith adjacent uses. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water a. While the Application includes copies of an existing well permit for the property, the Division of Water Resources review comments (see attached) note that is not currently approved for commercial uses. Additional documentation and amended well permits approved for the proposed use shall be required. b. Water production (well pump test) and water quality evaluations have been provided with confirmation by a professional needed as to their adequacy to serve the use and conform with code requirements. 7 5. Section 7-105: Adequate Central Water Distribution and Wastewater systems a. The Application needs to be updated to include a maximum number of employees on site consistent with the engineering size/capacity of the onsite waste water treatment system (OWTS previously referred to as ISDS) b. ln order for the waste water system to be adequate, the office and the water and sanitary facilities need to available to contractors during all typical operating hours with provision for access during other time periods. 6. Section 7-106: Adequate Public Utilities Comments from X-cel energy were received and noted the potentia! need for easements and the Applicant's need to fund any required utility service extensions. Any future extensions need to be in compliance with State requirements and inspected by the State Electrical lnspector. 7. Section 7-107: Access and Roadways a. Referral Comments from the County Road and Bridge Department (see attached exhibit) did not indicate any concerns with the Application. b. The Traffic Study provided by the Applicant includes two different methods for calculating traffic generation. One using International Traffic Engineers (lTE) estimates for mini-storage provided an extremely low estimate that the Traffic Consultant did not support. He provided an alternative set of assumptions that generated an estimate of 50 vehicle trips per day at build-out and a resulting increase greater than 20o/o in the traffic on the adjacent County Road 240. His conclusions are that the use will have minimal traffic impacts on the County Road and he does not include any recommended improvements to the Applicant's access or the adjacent roadway system. c. The driveway access onto County Road 240 needs to maintain adequate line of sight for exiting vehicles with the clearing of vegetation and visual obstructions as necessary. The Applicant needs to apply to the Road and Bridge Department for an updated driveway permit and complete any recommended improvements including but not limited to stop signs. d. Access should be limited to the northerly driveway. With the proposed modification to the Contractor's Yard configuration the lower access immediately adjacent to the Hvvy 6 & 24 intersection should remain gated and limited to specialdelivery uses and emergency vehicle access. A knox box for emergency vehicle access should be installed on the gate. e. Circulation within the contractor's yard area is generally depicted on the site plan. Internal circulation needs to meet Fire District standards for emergency vehicle access. Requirements for appropriate surfacing and dust suppression should be included as conditions. 8 8. Section 7-108: Natural Hazards The Application represents that there are no natural hazards on the site that would impact the proposed contractor's yard. Excerpts from the County's Geologic Hazard mapping has been included in the Application and with the Staff Report. Article 7, Division 2: General Resource Protection Standards 9. Section 7-2Ol Agricultural Lands The Application can maintain compatibility with agricultura! !ands provided proper fencing and screening is maintained and limits on the size of the yard are maintained. 10. Section 7-202 Wildlife Habitat Areas The proposed contractor's yard will create minimal if any additional areas of disturbance The area is currently fenced to protect the existing tree nursery. 11. 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 detention improvements are planned. Compliance with the drainage study/plan should be required. The drainage study indicates that leaving existing dirt surfaces and trees in place may reduce or eliminate the need for additional drainage detention. The existing ponds on site are for irrigation. 12. Section 7-204 Water Quality from Pollutants No additional disturbance or impacts are anticipated by the Application. Proper spill prevention containment areas will be required for any fuel or hazardous material storage. lt may be appropriate based on some of the referral comments to include additional limitations on the type of Contractor's Yard activities to be permitted including limits on the type of materials permitted for storage. Limiting the yard to building trades contractors yards as represented in the submittals and prohibiting heavy industrial uses is an option to address the above concern. 13.Sections 7-205 Erosion and Sedimentation, 7-2OO Drainage, 7-207 Storm water Runoff, and SectionT-208 Air Quality a. The Application proposes the creation of a stormwatersedimentation pond adjacent to the Hvny 6 & 24 right-of-way. This installation along with best management practices for the site is anticipated to address any drainage or storm-water concerns. b. The Applicant should be required to re-vegetate and treat for noxious weeds on previously disturbed portions of the site consistent with comments submitted by the 9 Garfield County Vegetation Manager. c. 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. d. The Applicant needs to demonstrate compliance with State regulations regarding storm water management permitting pursuant to the County Consulting Engineer's comments (see attached) and the potential for creation of more than 1 acre of new disturbed area. 14. Section 7-209 Areas Subject to Wildfire Hazards a. Comments from the Colorado River Fire Protection District have been received (see attached) and the district has conducted a site visit. The districts primary concern was proper addressing for emergency vehicle access. b. Uses involving open flames or ignition sources should be restricted to locations on the site that have gravelsurfacing and a minimum distance from potentialfuelsources (i.e. vegetation, wood chips, landscaping materials, dry grasses, etc.). 15. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards The Application requested waivers from submittal of complete geologic hazard evaluations. The Garfield County GIS Geologic Hazard Mapping is attached and included in the submittals. The study area covers the site and shows the proposed Contractor's Yard not in any areas with identified geologic hazards. 16. Section 7-212 Reclamation A plan should be provided for the decommissioning of the contractors yard and return of the site to agricultural uses or other permitted uses if the contractor's yard use is discontinued. The plan should include removal of contractor's material, equipment, and vehicles. Article 7, Division 3, Site Planning and Development Standards 17. Section 7-S}lCompatible Design: Compatibility topics are addressed through the Applicant's representations regarding screening, hours of operation, limits on type of uses, and proposed conditions of approval. No new structures are proposed and the existing sheds are rural - agricultural in character. 18. Section 7-302Off- Street Parking and Loading Standards: TheApplicant's site plan shows parking adjacent to the office but does not delineate parking areas within the Contractor's Yard areas. A minimum amount of parking needs to be provided at each tenant's contractor's yard area with at a minimum gravel surfacing. l0 19. Sections 7-303 Landscaping Standards: The Applicant has provided generalplans for maintaining existing trees and vegetated areas on the site. Additional clarification regarding landscaped buffers should be provided. lndustrial uses are generally not subject to specific landscaping requirements of code. 20. Section 7-304 Lighting: The Applicant has represented that lighting will be code compliant (down directed, shielded and internally oriented to the site). Any existing non- conforming lighting shall be replaced with conforming fixtures. 21. Section 7-305 Snow Storage Standards: Snow storage in yards or open space areas is permitted but is not allowed where it restricts access or motorist's views. 22. Section 7-306 Trai! and Walkway Standards: These standards are not applicable based on the proposed use. Article 7, Division 3, Section 7-1001: lndustrial Use Standards 23. The Application submitta! addresses key industrial use standards from the Land Use and Development Code summarized with staff comments below: A. The location is not within a residential subdivision B. The Application does not meet the 100 ft. setback requirement and has requested a waiver based on the adjacent agricultural uses and screening proposals. The Applicant's waiver request indicates that there are no nearby neighboring uses to benefit from the setback requirement. Comments from adjoining property owners express concerns regarding impacts and a desire to retain 10 foot setbacks. C. Screening proposals are contained in the submittals, however, they are do not provide specific areas and details on fencing and landscaped screening that is proposed to be provided. The Applicant should provide updated and clarified information in regard to screening. Screening improvements should be required to be in place priorto operation of the facility. D. Storage requirements can be complied with through operationalrequirements. The 100 ft. setback requirement has been requested to be waived (see above). E. lndustrialwastes will be required to be stored in compliance with Federal and State regulations. Limiting the type of contractor's yard activities to building trade contractors will help to limit the type of wastes anticipated and avoid large volumes of materials and/or more hazardous types of materials associated with heavier industrial contractor uses. F. Noise generation will need to comply with County and 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) or a l1 combination of both. ln regard to noise restrictions the residential standard shall apply based on adjacent land uses and County policy. G. Given the size of the property and separation from neighboring land uses ground vibration is not anticipated to be a concern. H. The Applicant represents that "Efforts will be made to limit activities that generate noise, odors, or glare beyond the property boundaries to the hours of 7 a.m. to 7 p.m." The representation continues that activities done in a quiet manner may occur outside of the above hours. The ability of the Applicant to comply with this representation may prove difficult in light of the type of noise generated during early morning loading and evening unloading (i.e. heavy equipment, warm-up, backing signals, etc.). l. lnterference and nuisance impacts are anticipated to be addressed by screening Lighting associated with the yard needs to be code compliant as represented. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that a!! required notice mailings have been completed. Public comments and referral comments received on the Application are attached as Exhibits and summarized below: Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: o Noted the potentialfor more than 1 acre of disturbed area and CDPHE regulations. o Review of the Traffic Study indicated a20o/o increase in traffic on County Road 240 that may trigger the need for an access permit from the CDOT.o ldentified the well permit limitation to domestic residential uses.o Noted the lack of specific mitigation or containment proposals for hazardous materials. Garfield County Vegetation Manager:o Requested a weed inventory and weed mitigation plan (by 614114). o lndicated that a site visit with the Vegetation Manager could be conducted in lieu of the weed inventory. Garfield County Environmental Healtho Compatibility of uses and nuisance impacts. Protection of Water Quality and that stormwater/drainage plans seem adequate 1 2 3 3 a Colorado River Fire Rescue: lndicated that the only code requirement was a legible address sign to be posed at the entrance for emergency response. They had no further questions. Garfield County Road and Bridge: Had no problems with the Applicant proceeding as planneda 4 t2 5 Colorado Division of Water Resources: Detailed that the existing water source/we!! permit for use is not approved for commercial use. Additiona! water augmentation and issuance of an amended well permit will be required. Xcel Energy: Commented that easements for existing facilities may be needed and noted that the relocation or conversion of existing facilities (if necessary) will be at the owner's expense. Town of New Castle: Indicated that the proposed development is inconsistent with the Town's Comprehensive Plan. They further indicate that they wi!! not formally object to the proposed use, recognizing that it will be in the financial interest of the owner to development the land for commercial and residential uses in the future. Public Comments: Comments from two neighboring property owners were received and are attached as exhibits. They noted a number of concerns related to impacts on surrounding properties, compatibility, screening, lack of detailon proposed contractor uses, and other options for configuring the yard to maintain larger buffers. a a 6 7 a 8 a ri, 13 VI. SUPPLEMENTAL SUBMITTALS 1. The Applicant has submitted a significantly revised site plan intended to address neighbor concerns particularly along the westerly property line. The revised plan relocates' a significant portion of the contractor's yard onto portions of the site previously utilized for the commercial nursery and greenhouse located on the site. The changes reduce the need for additional site disturbance and increase the setbacks. 2. The Applicant has also provided an update on the status of severa! efforts to comply with code requirements and Staff comments (see attached memo dated 212714). 3. Staff has addressed the revised plan through the draft conditions of approval with several recommended revisions to the plan that bring the proposal closer to compliance with setback requirements and minimize the need for waivers. Staff further recommends as provided in Exhibit A, modified Site Plan to allow for encroachment into the 100 foot setback only in areas where development currently exists. VII. SUGGESTED FINDTNGS AND WAIVER DETERMINATIONS 1. That proper public notice was provided as required for the Director's Decision 2. That with the adoption of conditions and granting of waivers from the Land Use and Development Code, the Application adequately meets the requirements of the Land Use and Development Code. 3. That with the adoption of conditions, the Applicant has met the waiver criteria found in Section 4-118 for the granting of a waiver from the lndustrial Use Standards, Section 7- 1001 , 100 ft. setback requirement. VIII. RECOMMENDATION AND DRAFT CONDITIONS Approval subject to compliance with the following conditions which conditions General Conditions 1. All representation of the Applicant contained in the application including the site plan and overalldimensions of the contractor's yard shall be considered conditions of approval unless specifically modified by the Director Decision. 2. Consistent with representations of the Applicant contained in the application the contractor yard shall be used for construction and building trade contractor uses and other light industrial uses similar in character and impact. Heavy industrial contractor uses such as oil and gas support and lay down yards shall not be permitted uses. 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 t4 facility including, but not limited to, fuel and hazardous materials storage Conditions Prior to lssuance of the Land Use Change Permit 4. Prior to issuance of the Land Use Change Permit the Applicant shall provide the following: a. The Applicant shall provide confirmation that the site is in compliance with CDPHE Storm Water Drainage Permitting requirements as may be required by the State. Completion of any storm water drainage improvements and best management practices as required by said permit shall be completed prior to operation of the Contractor's Yard. b. The Applicant shall update the drainage plan for review and approval bythe County and to reflect site plan changes. The revised plan shall address the reduction in new areas of disturbance and may modify drainage detention areas. c. The Applicant shall provide a dust suppression plan for the overall site including circulation areas and storage areas. Circulation and parking areas shall be improved with gravel and storage areas may be compacted dirt. d. The Applicant shall provide a plan for the decommissioning of the contractors yard and return of the site to other permitted uses if the contractor's yard use is discontinued. The plan shall include removal of all contractor's material, equipment, and vehicles. e. The Applicant shall document the legal source of water for the proposed use. Documentation shall include an amended well permit approved for commercial use and any contracts with the West Divide Water Conservancy District as required. The Applicant shill comply with and maintain in place all contracts with the water conservancy district. t. The Applicant shall provide an updated site plan and revised configuration of the Contractor's Yard to conform with "Revised and Recommended Site Plan" attached as Exhibit "A" to the Staff Report. The revised site plan provides forwaiver relief to the 100 ft. setback requirements in areas with existing structures or areas previously used for commercial activities (i.e. commercial nursery). The waiver approval is based on compliance with screening requirements and conditions. The revised site plan allows for an area (shown in yellow) where the contractor's yard can be expanded up to a maximum overall size of 5 acres provided that all other plans and documents are updated accordingly. g. The Applicant shall provide a detailed screening plan for review and approval bythe -ounty covering those areas as identified on the "Revised and Recommended Site Plan". Screening shall include a combination of 8 ft. sight obscuring fencing, existing structures, and coniferous trees with a minimum planting height of 5 ft. Deciduous trees may be used for screening in special circumstances where additional setback distances and density of trees provides an effective screen. 15 h. The Applicant shall obtain an updated driveway permit from the Garfield County Road and Bridge Department and sha!! install any required improvements. The point of access onto the County Road shall be limited to the northerly driveway and shall be maintained to comply with all intersection line of sight requirements including removal of vegetation if necessary. A legible address shall also be posted at the point of access. i. The Applicant shall provide an updated site plan showing a minimum 24 ft. width for the primary two way internal circulation driveway and 12 ft. width for any 1-way driveway sections. Pul!-out shall be provided as necessary for larger vehicles including emergency response vehicles (fire trucks) to pass other vehicles and safely access the site. Additional Conditions of Approval 5. Traffic generation for the Contractor shall be limited to less than a 20o/oincrease or 39 trips per day total based on traffic counts for County Road 240 contained in the Applicant's Traffic Study. An increase in traffic above the approved limit shall require the Applicant to apply for an amendment to the Land Use Change Permit. 6. A minimum of two spaces per tenant of graveled off-street parking shall be provided within each leased area. The Applicant's leases shall include provisions for requiring additional parking based on tenant use and employee generation. No parking on internal access driveways shall be permitted. 7. The Applicant shall comply with the referral comments and requirements from the County Vegetation Manager, dated 1113114 including the alternative for a site visit by the County Vegetation Manager and implementation of his recommendations for the site. 8. The Applicant shall comply with Additional Standards for lndustrial Uses contained in Section 7-1001 of the Land Use and Development Code unless specifically waived. Noise limits shall be based on the residential land use standards. L Prior to operation of the Contractor's Yard the Applicant shall provide an update to the 4 hour pump test and water quality testing provided in the submittal. The update sha!! provide confirmation from a qualified professional that the well production is adequate for the proposed uses and that the water quality testing and water purification system met the requirements and intent of Section 4-203 (MX1Xb)(sXc) and that the water is safe for human consumption. 10. Prior to operation of the Contractor's Yard the Applicant shall provide additional confirmation that the on-site waste water treatment system (or ISDS) has been permitted by the County and meets the demands of the contractor's yard including the maximum estimated number of employees. The Applicant shall provide all tenants with access to the office bathroom during normal office hours (7:00 a.m. to 7:00 p.m.) with provisions for access (i.e. keyed entry) during othertime periods. !ndividualtenants can provide portable toilet facilities as necessary. t6 11. Fuel storage shall include proper containment as required by the State of Colorado and shall be limited to the location shown on the site plan. Should other hazardous materials be stored on the site they shall be properly contained and labeled in accordance with State and Federal requirements and shal! be limited to volumes typical for construction/building trades contractor uses. No bulk storage of hazardous materials shall be permitted. 12. No new structures are proposed or permitted associated with the contractor's yard. Replacement of existing structures with structures the same size and height shall be permitted with the exception that any modifications to or replacement of legal pre-existing non-conforming structures shall comply with the provisions of Article 10 of the Land Use and Development Code. 13. A!! uses involving potential ignition sources shall be limited to inside buildings or on gravel or compacted dirt surfaces. 14. The Applicant shall maintain the existing agriculturalfencing on the perimeterof the Contractor's Yard. 15. All lighting will be the minimum necessary and shall comply with Section 7-304 of the Land Use and Development Code including, but not limited to being down directed, shielded, and directed inward toward the interior of the site. Any existing non-conforming lighting shall be replaced with code compliant lighting. 16. The Applicant shall include in all lease agreements the hours of operation representations from the Application and the noise and nuisance Standards from Section 7-1001 (H) of the Land Use and Development Code including limitations on operations prior to 7:00 a.m. and after 7:00 p.m. The lease agreements shall require compliance with said representations and standards. The Applicant shall post a sign at the entrance to the property with contact information for the management company to allow neighboring property owners to easily contact the manager if noise or nuisance concerns arise. 17 . The Applicant represents that no utility extension are needed to serve the proposed use. No temporary electrical power extensions shall be permitted. Should permanent extensions be proposed the Applicant shall comply with Xcel Energy requirements and the installations shall be inspected and permitted by the State of Colorado. 18. The Applicant shall maintain irrigation water rights forthe property and designate an adequate amount of irrigation to maintaining buffers and landscaping screening. 19. Use of existing building and sheds will require inspection by the Building Department and any upgrades required by the Building Code for the proposed commercial uses shall be completed prior to operation of the Contractor's Yard. The legal pre-existing nonconforming shed along the westerly property line may be used as part of the of Contractor's Yard subject to compliance with the building code. t7 EXHIBIT A REVISED AND RECOMMENDED SITE PLAN Revised Recommended Site Plan Arcas with 100 ft. setback required Light Blue : Revised Yard Con{iguration Yellow : Area of potential expansion (up to a max. of 5 acres) Green : Screening Areas Cross Hatch = Screening by Tree Nursery l8 EXHIBIT B - GEOLOGIC CONSTRAINTS MAPPING t9 @ , -t lr { rln ,rtl ,) -e . i,. I:I \.\\\-i-;.F^d !/ -:-:--,: : :-'i.ri-: l-:'i:g S:*;; l-'g: 20 \ -l'ir S C:- ,, .a :.: : -. -, .) . , -:::,:/:'1.:li;.1,:t i:,:: ' ''. "i_ ,**@, ,TE ts*Ii 'kf'!"'.. ,ll /,-Frr- r i ,.t"J'r'*Sf 'I . r."l l i' -*rt _'l-, ;, U t.\ "r\ .: Pr.) t ,i,,J fl,i rEfr -*;.r:lr:r11trtd., i?;.^"-' -S, ''.{i, ,. . :i'\:*sctctr' - r 2l flprtit i- .::--l r;',lii | 1'? ',.: , .-ilr r,"','i, i ,? -.. . ,1i lr,., i,,:, i '',,. ra.i.:;.',t-:.' l>-_ 22 '.a:. g :;. * r.#. "tF *&tr* r'i E;t=- rc"J".f rt- :ris ,'4 ''ii';' 23 1.r'ii - r,itri Gerstenberger February 27,2Ot4 Glenn Hartmann Garfield County Community Development Dept. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Timberline Energy lnc. Small Contractor Yard Dear Glenn: At our meeting on January 29,20L4, we discussed the referral agency responses and comments from neighboring property owners. Based on that discussion, the site plan was redesigned to address several issues that the neighbor to the west did not like about the proposal. The revised plan was submitted to you via email on February 3'd. The revisions included the following: 1. The proposed contractor yard was reconfigured with the major portion of the contractors yard shifted to the eastern portion of the site, further from the crop lands adjacent to the west. This change was made in response to comments from a neighbor, Greg McKennis, in his emailto you dated Ll28lL4. 2. The setback comply with the zoning requirements in Table 3-2OL. The exception is the existing shed located within the setback along the western property for which a waiver has been requested. 3. The two small ponds that provide irrigation water for the tree farm are not included in the contractors yard because they are a primary component of the tree farm operation. 4. The new leach field has also been excluded from the contractors yard to protect it from damage. 5. The surface drainage requirements will be minimize based on the new site plan because less natural areas are being converted to active work areas. Based on the revised plan, the existing drainage pattern on site will be unchanged and drainage will flow directly to the existing culvert under US Hwy 5. The site plan was not finalized by the engineer pending review and response by the county staff Other issues that the applicant has addressed include the following: Water: The applicant has entered into a contract with the West Divide Water Conservancy District and is now covered under the District's umbrella augmentation program. 5255 Bow Mot Drive Liftleton, CO 80123 Phone 303-795-6880 E m oil : o ge rste nbe rger@ msn.com Page 2 Traffic: Our traffic engineer, Dave Ruble, contacted CDOT in late January about the issue of a highway access permit. To date, no response has been received. Noxious weeds: The applicant's representative will work with Steve Anthony, county vegetation manager for an on-site meeting during the growing season prior to June 4th to develop a noxious weed action plan. I believe strongly that the applicant has made every effort to comply with review agency and neighbor comments. He has responded promptly to all requests for information or clarification and has made a sincere effort to comply with county regulations. I respectfully request that this review be completed as quickly and efficiently as possible. lf you have any question, please call me. Sincerely, Allen Gerstenberger Cc: Bill Spires trte: clU*rsUil.n\Dcuments\Doorcnr\ProFctsvreeFam_spires\correspondenc.\E to Ha(m.nn revls.d Plan sbtus 140227..doq IIIOUNTAIN EROSS ET\GINEERIIIG. INE. Civi! and Environmental Consulting and Design January 24,2014 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Timberline Energy, Small Contractor Yard: GAPA-7664 Dear Glenn: This office has performed a review of the documents provided for the General Administrative Review Application for the Small Contractor Yard of Timberline Energy. The submittal was found to be thorough and well organized. The following comments were generated: 1. It appears that the area to be disturbed would be greater than I acre. The applicant should proria. an explanation of anticipated CDPHE permifting for disturbances associated with construction activities. 2. It.appears that proposed traffic would increase the existing traffic at the intersection of Hwy 6 by more than2}%o. The Applicant should coordinate with CDOT to determine if a new access permit is required. 3. The documents provided state that the well is "Approved for domestic use, including the inigation of not over one acre of home gardens and lawns." The well permit should be changed to allow for commercial use. 4. Granting the waiver request for Environmental Impacts may not be appropriate' The Applicant does noi provide any discription of materials that may be stored or would be excluded from being stoied at the site. The application materials do not address any mitigation, secondary containment, or criteria for storage of these materials. Feel free to call if you have any questions or comments. Sincerely, Cross Chris Hale, PE 826'/zGrand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www. mountaincross'eng'com Gaffield Coolnty Vegetation Mansgement Dear Glenn, Staff requests that the appllcant provide a noxlous weed inventory by June 4, !0J4, f9r Garfield County listed noxlous weeds ti be accompaniii by a rieed management plan for any noxious weeds found on the slte. tf the appilcant woutd prefer to meet on-slte with county staff in lieu of provlding-the !y91t9!yr I wi.!l_!e happy to meet with ir,im O[Ing ine growtirg Eeason prior to June 4, 2014. I may be contacted at (970) 945'1377 x 4305 or at sa nthonv@garfield-oountv. com January 13,2014 Glenn Hartmann Garfield County Community Development Department RE: Timberline Small Contractor's Yard GAPA'7664 Please let me know lf you have any questions. Slncerely Steve AnthonY Garfield County Vegetatlon Manager 037t CountY Roed 362' Bldg 2060 Rlflc, CO El6C0 Phone: 070.946'1377 x 4306 Frx: 070'626'C030 Glenn Hartmann From: Sent: To: Subject Morgan Hill Tuesday, January 28,2014 4:37 PM Glenn Hartmann Timberline Energy Small Contractor's Yard HiGlenn, My questions and comments for the Timberline Energy Small Contractor's Yard are: - Page 1, Summary: The last paragraph states that supplies stocked in the yard are "commonly required by the building trades" but the applicant is Timberline Energy, which appears to be primarily a natural gas pipeline company. Or is William Spires the owner and he is going to be leasing the land to small contractors involved in the building trades? l'm not sure what difference this would make on the procedures for permitting and construction, but itwould seem more appropriate if the yard isto be used forenergy production materialsthat it is stated as such. - Page 18: Stormwater and drainage plans seem adequate. - Page 11, lmpact Analysis: ln regards to the nuisance conditions mentioned in the final paragraph, regardless of the fact that the proposed location is similar to adjacent land uses, the applicant should still consider their potential to generate dust, noise, or other issues that could affect nearby homes. l-70 and other county roads present a different suite of nuisance conditions than those that could result from the SCY. - Page 15, Water Quality from Pollutants: This section appears thorough in regards to management of potentially hazardous materials. Please be sure that materials such as paint and fuels are stored properly and containment is present to prevent a spill from entering ground or surface water. Thank you, Moryan Hl00 Environmental Health Specialist ll Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 Phone: (970) 665-6383 Email: mhill@garfield-countv.com www.ga rfield-co u ntv.com/envi ro nmenta l-hea lth 1 Glenn Hartmann Sent: To: Cc: Subject: From:Orrin Moon [Orrin.Moon@Crfr.us] Thursday, January 23,2014 5:39 PM Glenn Hartmann Rob Willits Timberline Energy Small Contractor Yard, GAPA-7664 Glenn: I have reviewed the plans and conducted a site visit at 1650 CR 240 in New Castle. The only code requirement for this contractor yard is a legible address sign needs posted at the entrance of the property for emergency response. have no other requirements of concerns with this proposed contractor yard. Please feel free to contact me with any questions. THfi.NK YOU, OR&II{ D. MOON fl8E M.*.8SHAt COLORADO RIffiR TItsE RESCUE 97G625-1243 orrin.moon@crfr.us MLOHIO RII?T,R ftI U. ,'fd / r", EST ?0I? FtE.ffiE 1 I GIenn Hartmann From: Sent: To: Subject: Wyatt Keesbery Wednesday, January 15,2014 3:26 PM Glenn Hartmann Timberline Energy Small Contractors Yard Glenn, After reviewing the proposed small contractors yard for Timberline Energy Road and Bridge has no problems with them proceeding as planned. Thanks, wyatt lt)yorltKeetlrury Garfield County Road & Bridge District Foreman 0298 C.R.333A Rifle, Co.81650 Office: 970-625-8601 Cell: 970-309-6073 1 Glenn Hartmann From: Sent: To: Gc: Subject: Franco - DNR, lvan [ivan.franco@state.co.us] Tuesday, January 21,2014 11:01 AM Glenn Hartmann' Alan Martellaro - DNR; ben.krause@state.co.us Timberline Energy Small Contractor Yard - GAPA 7664 Mr. Hartmann, This offrce has received and reviewed the referral from Garfield County for the Timberline Energy Small Contractors Yard. The applicant proposes to utilize 4.93 acres of the total 12.98 acre lot for a contractors yard to be leased by different contractors for storage of construction equipment and supplies. The applicant has noted that two single family residences and one contractor office with restrooms exist on the property. The contractors office will be part of the 4.93 acre contractor yard. The single family residences are located on the portion of the property that also serves as a tree farm. The applicant does not propose to create a new parcel as part of this application. The applicant has noted that two septic systems are in place to serve the three units and that these systems will be replaces with a single sewage disposal system. The applicant has noted that no additional watering of lawn and garden is proposed. The water supply to the property is made up of ditch water for irrigation of the tree farm and well water for a combination of domestic and inigation uses. The applicant claims to own and utilize ditch rights and utilizes said rights to water the tree farm located on the property. The applicant has noted that there will be no change to these uses. The well with Permit No. 129238 serves the two residences and the contractors office. This permit was issued on March 2,1982 for an existing well and was approved for domestic use including irrigation of not over one acre of home gardens and lawns. The well was also decreed in Division 5 water court in Case No. 83CW67. Permit No. 129238 was issued by this offrce pursuant to 37-92-602 for domestic uses and watering of lawn and garden. The applicant has stated that water from this well will be used in the commercial contractors office. This use does not conform with the conditions of approval of Permit No. 129238. The applicant should know that commercial uses are not allowed under the existing exempt permit. The applicant will either need to re-permit the existing well with a non-exempt permit that operates pursuant to a court decreed plan for augmentation or continue using the existing well for the residential uses on the property and find an altemate water source for the commercial use. If the applicant chooses to develop or join a plan for augmentation to continue to use water from the existing well, the plan would need to cover all anticipated uses (both residential and commercial). The applicant should know that so long as the proposed water supply is the well with Permit No. 129238 this office cannot support the proposed land use change. Ifyou or the applicant have any questions please contract me at this office. Sincerely, Ivan Franco, E.I.T. Water Resources Engineer Colorado Division of Water Resources 1313 Sherman St, Room 818 Denver, CO 80203 (303) 866-3s81 1 Glenn Hartmann From: Sent: To: Subject Mcschooler, Tillmon B [tillmon. mcschooler@xcelenergy.com] Wednesday, January 22,2014 2:38 PM Glenn Hartmann GAPA-7664 Timerline Energy Small Contractors Yard lennG Here is the response from Xcel Energy. Let me know if you need anything else. No Objections. Applicant will need to contact Xcel Energy's Engineering Department to request a formal design for the project. All existing overhead and underground facilities must be covered with a utility easement if not already. Additional utility easements may be required dependent on the final utility design layout. Engineering lead times for design estimates typically nrn approximately 6-8 weeks or more. Material and or Construction lead times may exceed an additional 10 weeks. Completion of this City/County approval process does not constitute an application with Xcel Energy for utility installation. The relocation or conversion of existing facilities (if necessary) will be at the owner's expense. Thank you, Tillmon McSchooler Xcel Energy I Responsible By Nature Designer-Engineering 2538 Blichmann Ave. Grand Junction, CO 81505 P : 97 0.244.2695 C : 97 0.27 0.1953 F : 97 0.244.2661 E : tillmon.mcschooler@,xcelenergy. com XCELENERGY.COM Please consider the environment before printing this email 1 Toum ofNew Castle 450 W. Main Street PO Box 90 New Castle, CO 81647 Ptanning & Code AdministDation I)epa,rtment Phone: (970) 984-2311 Fax: (970) 984-2716 January 23,2014 Garfield Co u nty Com mun ity Development Department Staff Planner: Glenn Hartmann Project Name: Timberline Energy Small Contractors yard Applicant: Timberline Energy ln., Bill Spires, President Contact Person: Allen Gerstenberger Summary of Request: The Applicant's proposal is for a Smatl Contractor's Yard, 4.93 acres in size on an overall parcel approximately 12.98 acres in size. Contractor yard space will be available for lease by different contractors. The proposal to develop a small contractors' yard on the Former Tree Farm property is not consistent with the 2009 Town of New Castle Comprehensive plan. That plan envisions the eastward development of the Town, with Rt. 6, between the current town boundary and the east edge of said property, becoming an extension of Main Street. This extension of Main street, along with some parallel streets, would become New casfle's new commercial/business center, with two and three story buildings providing commercial and residential spaces. A construction yard would be inconsistent with that vision. Furthermore, the east edge of the property is specifically designated as the Town future eastern gateway. According to the Comprehensive Plan, "Each gateway serves as a town welcome entry and offers visitors a first impression of the community" (p. 73). Again, a construction yard is not the kinds of gateway the Plan envisions for the Town. That said, we recognize that development of the Town to the east is still far in the future. There is no immediate prospect for annexing the contiguous property into the Town. For that reason we will not formally object to the proposed use, recognizing that when development occurs, it will be in the financial interest of the owner to develop the land for commercial and residential use. We appreciate the opportunity to comment on the proposed use and to reemphasize to you the importance of our Comprehensive Plan. Sincerely, (-/r*d; Tim Cain Town Planner Miles, Teresa & Jeremy Rippy 7297, LSLT & 1523 County Road 240 Glenwood Springs, CO 81501 January 2L,201.4 Garfield County Colorado Community Development Department 108 8th Street #401 Glenwood Springs, CO 81601 RE: Small Contractor's Yard - 1650 County Road 240 Dear Community Development Department This letter is in response to the public notice for the Land Use Change Permit to allow a Small Contracto/s Yard on the property situated at 1550 County Road 240. Please take into consideration the following comments in regards to the proposed Land Use Change Permit. Since the acquisition of the "Tree Farm" property by Timberline Energy lnc. (William Spires), the land has been used as a contracto/s yard, a wholesale tree farm and residential rentals. Over that past several years the property has suffered from neglect and poor management. There has been no maintenance of the property so it has become an eyesore and is in disrepair. Past issues included multiple contractors sub leasing to others, people living in campers, office units used as residences and several questionable businesses being run from the location. Several of these activities lead to confrontation with law enforcement. The documents we received seem vague. Our concern is that the same issues will arise as in the past. We feel there should be limits on how many "small" contractors are allowed, what type of contractors are allowed and what type of materials will be stored. Limits should be set to allow only light commercial use with absolutely no heavy commercial or industrial practices. This is primarily an Ag/residential community. Activity related to oil, gas or any other 24/7 industry should not be allowed This area should not become an industrial park. There are other areas in the county designated for those uses. Other concerns include visual impact, hours of operation, noxious weed mitigation, disposal of by products, fire protection, and increased traffic. lf passed, without well-defined limits, there will be misuse that will result in conflicts between property owners. Sincerely, Miles Rippy Teresa Rippy Jeremy Rippy Glenn Hartmann From: Sent: To: Subject: Greg [gregory1 953@hotmail.com] Thursday, February 27,2014 3:27 PM Glenn Hartmann mckennis /contractors yard glen, here are additonal comments regarding the contractors yard adjacent to my property: L. shed adjacent to property line - this is directly on the line - this shed is in poor condition and the 1OO ft setback should not be waived . 2. lighting needs to be downward and minimal. 3. 8' ft. high fence with buffer of trees planted between the fence and my line - this should be along the entire boundary of the site plan. Trees should be irrigated ,mnaintained and replaced as needed and should serve to hide/soften the fence appearance. 4. 100 ft setback needs to be in place. thanks greg mckennis 1 Glenn Hartmann To: Subject: Glenn Hartmann FW: Tree Farm - revised site plan From : Greg [mailto : gregorv1953@hotmail.com] Sent: Wednesday, February L9,20t4 6:34 PM To: Glenn Hartmann Subject RE: Tree Farm - revised site plan Glen, regarding the new site plan: 1. site plan road access to county rd.24O - does not appear to join road at either north or south entry 2. new road along my east property line - what is this road for? nursery ? contrators yard ? 3. there needs to be 100 ft. setback from my property line and buffering measures spelled out for any part of the contractors yard/ access along my east boundary. thanks greg mckennis Glenn Hartmann From: Sent: To: Subject: Greg [gregory1 953@hotmait.com] Tuesday, January 28,2014 8:43 AM Glenn Hartmann RE: Timberline Contracto/s Yard Comments glenn I do not oppose the contractors yard in general - BUT the location directly against my property - in particular the southerly triangle piece - is extremely harmful to my property both in terms of impacts and property values and is absolutely unnecessary considering the alternative that the applicant has to locate on the southeast portion of the property which already has been used for this type of use for many years. !t would be impossible to screen/ buffer the site as propsed due to the topography of the site. When the p+z rewrote the code it was discussed and assumed that site impacts to adjacent properties would be crucial to layout of any proposal - in this case the applicant has a much LESS impacting location to ptace the contractors yard. As you are aware I own the property on both sides of the aplicantion - I do not oppose this use being placed in the southeast portion - this area since L981 has been used for commercial purposes and storage - there is good existing access from the county road that has never been a problem. Also the area woutd require very little screening etc. It is simply not in any way possible to mitigate the impacts to my property if the contractors yard is located as propsed. Thanks Greg McKennis L27O road 240 g.s. From : ghartmann @garfield-cou ntv.com To: sresorvl-95 hotmail.com Su bject: Tim berl in e Contractor's Ya rd Com ments Date: Mon ,27 Jan 2OL4 23:33:32 +0000 Hi Greg: Thanks for your follow-up phone call today. I double checked my emait and unfortunately did not find your letter/comments. Sorry about that. Sometimes correspondence gets caught in some type of fitter Thanks in advance for resending your comments. Glenn Hartmann Comm unity Development Department gh a rtm an n @ ga rfie I d-cou ntv.com 1