HomeMy WebLinkAbout1-Year extension request 02.03.2014MEMORANDUM
Garfield County
Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
TO: Board of County Commissioners
FROM: Glenn Hartmann, Senior Planner
DATE: January 27, 2014
SUBJECT: Major Impact Review Schaeffer Contractor's Yard (MIPA-7214)
Extension Request
REQUEST
The Garfield County Community Development Department has received an extension
request from Melody Massih, of the firm Olszewski, Massih & Maurer, P.C. representing
Nathan and Becky Schaeffer, BNS Services, LLC in regard to the Schaeffer
Contractor's Yard Major Impact Review. The proposal received conditional approval by
the Board of County Commissioners (BOCC) on February 11, 2013 by Resolution No.
2013-20 (see attached).
The Applicant's letter of request and supporting justification is attached (see letter dated
1/21/14). The request is submitted in accordance with the provisions of the Garfield
County Land Use and Development Code and prior to the expiration of the conditional
approval. Pursuant to Section 4-101(1), the BOCC may grant a first extension of up to
one year and the extension request should include a written explanation of the reason
for the extension and estimated time frame for satisfying the remaining conditions of
approval.
BACKGROUND
The proposed Contractor's Yard is located approximately 2 miles east of the Town of
Parachute and Battlement Mesa at 2456 County Road 301. It is located on
approximately 5 acres of an overall 37.7 acre property. The Applicant presently owns a
company (BNS Services) that supplies equipment to the oil and gas industry and will
utilize the Contractor's Yard. The facility will include a 50' x 100' shop and two graveled
storage areas. Repairs on equipment and vehicles will also occur at the shop and
within the storage yard. Access to the parcel is from CR 301 by an existing gravel road.
(see attached site plan).
The Application was approved by Resolution No. 2013-20 with a number of conditions
including but not limited to: a) Industrial Use Standards such as noise; b) Weed
management; c) Utility will serve letters; d) Site reclamation; e) Driveway permitting
and access improvements; and f) Operational issues associated with potable water and
sanitation.
CURRENT STATUS
The Applicant's extension request letter outlines the status of the permit along with key
conditions of approval. The letter includes the justification for the extension and
requests a one year extension.
Staff review of the status of the file indicates that the remaining conditions of approval to
be met are primarily associated with Conditions #6 and #7. Some of the requirements
are weather dependant and will need to be addressed during construction and growing
seasons.
BOARD OF COUNTY COMMISSIONER'S ACTION
Pursuant to Section 4-101(1), the BOCC may grant a first extension of up to one year.
Granting of an extension by the BOCC would be documented by resolution and would
reflect the time frame for the extension if approved by the Board.
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Edward B. Olszewski
Melody D. Massih
Amanda N. Maurer
OLSZEWSKI, MASSIH & MAURER, P.C.
ATTORNEYS AT LAW
P.O. Box 916
1204 GRAND AVENUE
GLENWOOD SPRINGS, CO 81602
TELEPf I O N E: 970.928.9100
FACSIMILE: 970.928.9600
January 21, 2014
Glenn Hartmann, Senior Planner
Garfield County Building and Planning Department
108 8'h Street, Suite 401
Glenwood Springs, CO 81601
VIA E-MAIL ONLY TO: ghartmann(rf�garfield-county.com
Website:
www.ommpc.com
RE: Major Impact Review for Nathan and Becky Schaeffer, BNS Services, LLC
Contractor's Yard
Dear Glenn:
As you are aware, the Schaeffer Contractor's Yard was approved on February 11, 2013 with
conditions of approval as set forth in the attached Resolution 2013-20. Schaeffers have not been able
to meet all of the listed conditions of approval, and thus must request an extension to allow them to
meet these conditions. This correspondence comes to request an extension of the expiration date for
the conditions for one year, to February 11, 2015, pursuant to Section 4-101(1) of the Garfield
County Land Use Code.
Pursuant to Resolution 2013-20, paragraphs 6 and 7, certain conditions were set forth that the
Schaeffers needed to meet prior to the issuance of a land use permit. Due to time constraints with
work and family, and as a result of the costs and fees that were incurred by Schaeffers because of the
major impact review process for their Contractor's Yard, Schaeffers were not able to devote any
more time or resources in 2013 to meeting these conditions or constructing any improvements on the
Property. Schaeffers anticipate that during the spring and summer of 2014, they will be able to
devote the necessary time and resources to meet these conditions. These conditions include providing
a map and weed management plan if necessary, obtaining a letter from Holy Cross Electric to supply
electricity, reclaiming the area as specified, obtaining a driveway permit and upgrading the entrance
to the Property to comply with Garfield County driveway standards as specified.
As discussed, this request for extension will be on the February 10, 2014 Board of County
Commissioners agenda for consideration, and I will plan to attend this meeting. Thank you for your
time and assistance, and let me know if you need any further information prior to the February 10
meeting date.
OLSZEWSKI, MASSIII & MAURER, P.C.
Schaeffer Major Impact Review
January 21, 2014
Page 2 of 2
Please contact me with any questions or concerns.
Very truly yours,
OLSZEWSKI, MASSIH & MAURER, P.C.
Bv:
Melody D. Massih
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STATE OF COLORADO )
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County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, thel lth of February A.D. 2013, there were present:
John Martin , Commissioner Chairman
Mike Samson Commissioner
Tom Jankovsky Commissioner
Andrew Gorged , County Manager
Frank Hutfless County Attorney
Jean Alberico Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. g -JO
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
CONTRACTOR'S YARD ON A 37.7 ACHE PROPERTY OWNED BY NATHAN AND
BECKY SCHAEFFER AT 2456 COUNTY ROAD 301 IN SECTION 9, TOWNSHIP 7
SOUTH, RANGE 95 WEST OF THE 6-91 P.M., GARFIELD COUNTY
PARCEL NO. 2407-091-00-086
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for a Land Use Change Permit to allow for a Contractor's Yard as further described in
the Site Plan, Exhibit A.
B. The Contractor's Yard is located within a 37.7 acre parcel of land owned by Nathan
and Becky Schaeffer. The ownership of this property is described in a Warranty Deed found at
Reception Number 778938 in the records of the Garfield County Clerk and Recorder.
C. The subject: property is located within unincorporated Garfield County in the Rural
zone district, at 2456 County Road 301 and approximately 2.0 miles east of the Town of
Parachute, Colorado.
D. A Conti: ctor's Yard may be permitted in the Rural zone district with Major Impact
Review.
G. The Board is authorized to approve,deny or approve with conditions a Major Impact
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application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use
Resolution of 2008, as amended.
F. The Board of County Commissioners opened a public hearing on the Ilth day of
February, 2013 for consideration of whether the proposed Land Use Change Permit should be
granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the request.
H. The Board or County Commissioners closed the public hearing on the 1 lth day of
February, 2013 to make a final decision.
1. The Board on the basis of substantial competent evidence produced at the
aforetnentioned hearing, has made the following determinations of fact:
I. That the proper public notice was provided as required for the hearings before the
Planning Commission and Board of County Commissioners.
2. That tl.e hearings before the Planning Commission and Board of County
Commissioners were 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.
3. That for the above stated and other reasons the proposed Land Use Change Permit for a
Contractor's Yard is in the best interest of the health, safety, convenience, order,
prosperity, and welfare of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance with the
2030 Comprehensive Plan.
5. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Unified Land Use Resolution of 2008, as the same
had been amended at the time the application was deemed by the Building and Planning
Department to be technically complete.
6. The foll >wing waiver requests have satisfied the review criteria in Article 7 and arc
hereby granted:
a. 4 -hour pump test is in conformance with the purpose of Section 7-104 (13)(2)(a)..
b. Eliminating the testing for asbestos and radiation is in conformance with the
purpose of Section 7-104 (B)(2)(d).
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RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit for a Contractor's Yard is hereby approved subject to
compliance with the following conditions:
1. That all representations made by the Applicant in the application, and at the public
hearing before the Board of County Commissioners, shall be conditions of approval,
unless specifically altered by the Board of County Commissioners.
2. The operation of the facility shall be in accordance with all applicable Federal, State,
and local regulations governing the operation of (his type of facility.
3. Site operations shall 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.
4. Volume and sound generated shall comply with the standards set forth in the
Colorado Revised State Statute 25-12-103.
5. Volume and sound generated shall comply with the standards set forth in the
Coloradc Revised State Statute 25-12-103.
6. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit the
following information to the Building and Planning Department:
a. A map identifying the locations of diffused knapweed on the subject property and
a Weed Management Plan developed by a qualified professional. If no diffused
knapweed is found on-site then a letter from a qualified professional stating that
this weed is not present, shall be submitted.
b. A "Can and Will Serve" letter from Holy Cross Energy to supply electricity to the
site.
7. Prior to the issuance of a Land Use Change Permit, the Applicant shall:
a. Reclaim the 35 foot wide area west and adjacent to the Helwitt and Milburn Ditch
and once completed, schedule a site visit with County staff to verify that this
reclametion has occurred.
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b. Obtain a Driveway Permit from the County Road and Bridge Department.
c. Upgrade the entrance to the property to comply with Garfield County driveway
standards by:
• Re -grading the driveway to remove the hump adjacent to the existing apron;
• Installing a new asphalt or concrete apron (v -pan highly recommended) to
match the width of the existing corrugated metal pipe and a minimum 10 feet in
length;
• Installing 3/4" thick layer of compacted road base the width of the driveway and
a minimum of20 feet back from the driveway's apron; and,
• Installing an apron so that no surface water or run-off from the site or driveway
flows onto County Road 301.
8. The Applicant shall adhere to the following:
a. Prior to employees working on-site, the Applicant shall install a potable drinking
water system with a water filter than addresses turbidity.
h. No employees, other than the property owner/Applicant shall work at the
Contractor's Yard until such time as an Individual Septic Disposal System (ISDS)
is provided; however, pickup and delivery of materials to and from the site are
permitted.
9. To assist in the protection of the water quality of the Helwitt and Milburn Ditch, the
Applicant shall use the eastern storage yard for "dry" storage only.
10. All lighting associated with the property shall be directed inward and downward
towards the interior of the property.
111
Dated this 11 7 day of al t C - , A.D. 20 l 3
ATTEST:
rk of the Board
Gtrr n 11,1
GARFIELD COUNTY BOARD OF
COMMISSI. 1 I S, GARFIELD
UNT 0LO DO
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN ,Aye
COMMISSIONER MIKE SAMSON Ayc
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO
County of Garfield
)ss
l 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 _ day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
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EXHIBIT A -- Site Plan
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