HomeMy WebLinkAbout25. Contractor's Yard NarrativeEdward B. Olszewski
Melody D. Massih
Amanda N. Maurer
OLSZEWSKI, MASSIH & MAURER, P.C.
ATTORNEYS AT LAW
P.O. Box 916
214 — 8TH STREET, SUITE 210
GLENWOOD SPRINGS, CO 81602
TELEPHONE: 970.928.9100
FACSIMILE: 970.928.9600
April 11, 2012
Fred Jarman, Director
Molly Orkild-Larson, Senior Planner
Garfield County Building and Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Website:
www.ommpc.com
RE: Major Impact Review for Nathan and Becky Schaeffer, BNS Services, LLC
Contractor's Yard
Dear Fred and Molly:
I am submitting the Major Impact Review Application and the following supplemental
materials on behalf of the applicants Nathan and Becky Schaeffer:
Project Narrative: Nathan and Becky Schaeffer own a 37.733 acre parcel of property located
at 2456 CR 301, Parachute, Colorado ("Property") designated for agricultural use. The purpose
of this application is to request approval of a Contractor's Yard. The Schaeffers own and operate
a company called BNS Services, LLC ("BNS Services"), which supplies gas processing
equipment for the oil and gas industry. BNS Services currently has its headquarters at Traveler's
Highlands, and Schaeffers wish to relocate the operations of BNS Services to the Property.
BNS Services' hours of operation are from 7:00 am to 5:00 pm, Monday through Friday. The
main business office for BNS Services is located off-site in Parachute, and would continue to be
off-site. BNS Services currently has 2 non -office employees. In many instances, employees
come and go directly to job sites without reporting to BNS Services' headquarters. Occasionally
two of the employees come to the company headquarters to pick up supplies or a company
vehicle. Thus, increased traffic to the property will be very minimal and will not impact the
roadway system, as is shown in more detail in the traffic study which is submitted herewith.
Access to the Contractor's Yard will be from County Road 301, which runs along the northerly
border of the property. There is an existing gravel road in place on the Property from CR 301 to
the area designated for the Contractor's Yard. No new or expanded access is being requested.
BNS Services has 5 vehicles for company use, not all of which will be located on the
Property. Applicants own approximately 4 pieces of large equipment and will be seeking to
OLSZEWSKI, MASSIH & MAURER, P.C.
Schaeffer Major Impact Review
April 11, 2012
Page 2 of 4
store these items on the Property within the area designated as a Contractor's Yard when this
equipment is not in use at job sites. Schaeffers will be building a 50' x 100' shop on the
Property for the business, and as set forth above, the main business office will continue to be off-
site. Applicants will be using approximately 3 acres of the Property for the shop and for storage
of materials and equipment used as a part of the business. Building design and scale of
development will be in compliance with Article VII, Section 7-302 and 7-303. No other
structures are being proposed and no other power or utility service will be needed. The site is
already being served by an existing well, Commercial Well Permit number 287650. There will
be one sink and one toilet in the shop, and no outdoor irrigation for lawns or gardens.
Any and all parking will be within the contractor's yard. There will not be any storage or
disposal of fluids on site. Storage of the small amount of equipment for the Contractor's Yard is
consistent with the surrounding agricultural uses, including outdoor storage of tractors and other
agricultural equipment. The large size of the Property and the natural topography will prevent the
contractor's yard from visually impacting neighbors and some additional drought -resistant
screening (via trees to be planted) will be installed to obscure storage from view. Landscaping
will be installed in conjunction with Article VII, Section 7-305. There will not be lighting or
signs that that will visually impact neighboring properties. Any lighting that is installed will be
in compliance with Article VII, Section 7-305. In addition, there will be no dust, odors, gas,
fumes or glare that will be emitted at levels that are objectionable to adjacent properties. Noise
is not an issue as there will be no noise -creating operations being run on the Property, but all
sound volumes will comply with standards set forth in the Colorado Revised Statutes.
The proposed contractor's yard will not interfere with future uses of surrounding property.
The proposed use is not out of character for the area, as there are at least four other permitted
contractor's yards in the near vicinity of the Property and other neighbors also have industrial
type businesses or agricultural operations with large equipment storage operating in the area.
The Garfield County Comprehensive Plan 2030 depicts the area in which the Property is located
as being zoned Med HD (2 to < 6 Ac/Du). Given the size of this property and the surrounding
properties, it is highly improbable that this area will turn into residential developments of
medium density within the next two decades. First, residential development in Garfield County,
particularly in this area, has slowed significantly since 2008. In addition, the surrounding
properties are generally large parcels and are currently used for similar purposes as Schaeffer's
proposed uses. Further, significant oil and gas drilling is occurring in the area where the Property
is located and there is already a large volume of drilling related traffic to and from County Road
301.
The following documents and maps are enclosed:
1. Major Impact Review Application Form;
2. Application fee of $525.00;
3. Signed Agreement for Payment;
4. Warranty Deed dated December 9, 2009 for the Property;
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OLSZEWSKI, MASSIH & MAURER, P.C.
Schaeffer Major Impact Review
April 11, 2012
Page 3 of 4
5. Letter authorizing Melody D. Massih to act as Schaeffer's agent for the purposes of
this Major Impact Review Application;
6. The Assessor's map showing the subject property and all adjacent landowners. Also
attached is a list of all property owners with in 200 feet of the Property and the
mineral interest owners;
7. Vicinity Map depicting Proposed Storage Yard;
8. Pre -Application Conference Summary;
9. Improvement and Topographic Survey:
10. Site Plan;
11. Erosion and Sedimentation Control Plan;
12. Landscaping Plan;
13. Traffic Analysis Report;
14. Hazards Memorandum;
15. Natural Habitat Memorandum;
16. Geology Information Memorandum;
17. Commercial Well Permit No. 287650;
18. Water Supply Memorandum;
19. Reclamation Plan;
20. Environmental Effects Memorandum.
Applicant requests an exemption from the following land use resolution submittal
requirements located in Article VII, Standards:
1) As stated in the Pre -Application Conference Summary, an Improvements Agreement
is not appropriate and should be waived.
2) We are requesting a waiver of the requirement set forth in Section 4-502(D)12
Resource Areas and Section 7-211 Areas with Archeological, Paleontological or Historical
Importance: We have not undertaken a full study on this topic, as it would be very costly and we
feel unnecessary given the level of development we are seeking. Our engineer does not have
access to any database supplying this information, and has been able to obtain waivers from the
County in the past for this report on other similar projects. These waivers have been granted on
the basis that there has already been development in those areas, there has already been a
disturbance of the area, and there are likely none of the resources as listed. This is true for the
subject property; the contemplated area has already been disturbed, the other properties in the
vicinity of the Contractor's Yard have already been developed and other contractor's yards have
been permitted in this same area, and it is likely this property is not within the protected area
referred to in these Sections. As you know, this Contractor's Yard will consist of 5 acres or less
having one 50' X 100' shop and some gravel areas for storage of 4 to 5 pieces of equipment. The
remainder of the property (approximately 35 acres) will be undeveloped. This is not a significant
development of several acres of ground. It would put an unnecessary burden on Applicant to
require this study. As such, we would ask for a waiver from the report required by these
Sections. This is the only waiver of any report that we are requesting.
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OLSZEWSKI, MASSIH & MAURER, P.C.
Schaeffer Major Impact Review
April 11, 2012
Page 4 of 4
3) We request that the requirement for the Drainage Report set forth in Section 7-206 be
delayed until approval of the Contactor's Yard and submission of a building permit. We have
addressed some of these issues in the Erosion and Sedimentation Control Plan. As can be seen
from the Erosion and Sedimentation Control Plan, the impacts of this development will not
greatly or immediately effect neighboring structures. We will provide more detailed information
with regard to the drainage when the architecture for the structure on the property is finalized, as
the calculations with regard to drainage will not be finalized until this time. This is a costly
report, and my client would like to wait until such time as the application is approved to spend
the resources on this report. Completion and approval of this report can be a condition of
approval of the Contractor's Yard.
Applicant is submitting three (3) copies of the application form, this correspondence and
associated documents.
Please contact me with any questions regarding this application. Thank you for your time
and assistance in this matter.
Very truly yours,
OLSZEWSKI, MASSIH & MAURER, P.C.
By:
Melody D. Massih
MDM:mkd
Enclosures
cc: Nate and Becky Schaeffer
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