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HomeMy WebLinkAbout4.0 Director's DeterminationGlenn Hartmann From: Sent: lo: Cc: Subject: Allen Gerstenberger [agerstenberger@msn.com] Thursday, March 19,2015 8:51 AM Glenn Hafimann billspiresl 940@aol.com; Glen Wright; Warren Brumley Tree Farm Propefiy, 1650 CR 240 TO: Glenn Hartmann RE: Withdrawal of Contractor Yard application, dated LzlLGlt3 (File GAPA-76641 APPROVAL DATE: 316/L4 PROPERTY ADDRESS: L650 CR 240, Glenwood Springs (aka, The Tree Farm property) Glenn: As we discussed, the owner of the property at 1650 CR 240 has decided to not develop the site for use as a small contractors yard. He will continue it's historic use as a tree farm, consistent with existing R zoning. Speaking for the owner, Bill Spires, we enjoyed the opportunity to work with you and your team throughout this application process. Sincerely, Allen Gerstenberger 303-79s-6880 agerstenbereer@ msn.com 1 Garfield County March 6,2014 Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 97 0-945 -8212 F ax: 97 0-384-347 0 Allen Gerstenberger 5255 Bow Mar Dr. Littleton, CO 80123 RE: Director's Decision Administrative Review Timberline Energy lnc. Small Contractor Yard (File GAPA-7664) DearAllen: This letter is being provided to you as the authorized representative for Timberline Energy lnc. in regard to their General Administrative Review Application for a Small Contractor's Yard. The proposed use is located at 1650 County Road 240 on property also known by Assessor's Parcel No. 2123-343- 00-078. The Directo/s Decision on the Application is based on the following findings and subject to the Applicant's representations and conditions of approval. 1. That proper public notice was provided as required for the Director's Decision 2. That with the adoption of conditions 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. A Director's Decision is hereby issued approving the Application subject to the following conditions: General Conditions 1. 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 approva! 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. I 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 facility including, but not limited to, fuel and hazardous materials storage. Conditions Prior to Issuance 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 by the County and to reflect site plan changes. The revised plan shall address the reduction in new areas of disturbance and may modiff 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 shal! document the legal source of water for the proposed use. Documentation shal! include an amended well permit approved for commercia! use and any contracts with the West Divide Water Conservancy District as required. The Applicant shall comply with and maintain in place all contracts with the water conservancy district. f. 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". The revised site plan provides for waiver 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. 2 g. The Applicant shall provide a detailed screening plan for review and approval by the County covering those areas as identified on the "Revised and Recommended Site Plan". Screening shalt include a combination of 8 fi. 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. h. The Applicant shall obtain an updated driveway permit from the Garfield County Road and Bridge Department and shall 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. Pull-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 2Oo/o increase or 39 trips per day total based on traffic counts for County Road 24O 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 interna! access driveways shal! 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 shal! 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. 9. 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 aJ submittal. The update shall 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 (MXlXbXSXc) 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 other time periods. lndividual tenants can provide portable toilet facilities as necessary. 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 shall 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. All 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 agricultural fencing on the perimeter of 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. 4 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 for the 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. This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. Once this time period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been resolved the Land Use Change Permit will be issued. Please contact this department if you have any questions. Sincerely, Fred A. Jarman, AICP Director of Community Development Department Board of County Commissioners Kelly Cave, Assistant County Attorney CC 5 EXHIBIT A REVISED AND RECOMMENDED SITE PLAN Revised Recommended Site Plan Areas with 100 ft. setback required Light Blue : Revised Yard Configuration Yellow : Area of potential expansion (up to a max. of 5 acres) Green : Screening Areas Cross Hatch: Screening by Tree Nursery 6