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Home My WebLink About2.0 DD Staff Report 06.24.2016Directors Determination - staff Report Exhibits Veterinary Clinic (Equine Hospital) Administrative Review Applicant is Eastbank, LLC June 24,2016 (File GAPA-OS-1 6-845s) PublicHearing Noffi Letter fror Cn June 10,2016 Referral Co* Dated June 1 4,2016 Referral Comm and Environment, Dated May 31 , 2016 Memo from former.G Carmoney, Dated June 25,2O1S Memo from formel Carmoney, Dated November ZO, ZO.|S Referral Corr"n Dated June 1S, 2016 E+toe+rc vi. Referral Co, Depafiment, dated June 14,2016 Email fror Oa 2016 Letter from L District, dated June 29.2016 Letter from L District, dated June 29,2016 - Eastbank Veterinary Clinic GAPA_05_16_8453 June 24,2016 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVTEW APPLTCANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING Administrative Review Land Use Change Permit for a Veterinary Clinic Eastbank, LLC Chad J. Lee, Esq. of Balcomb & Green, P.C. The propefiy is located approximately 1.5miles south of the City of Glenwood Springs with access ofi County Road 154. The address is 8927 Couniy Road 154, Glenwood Springs, CO g162g. Lot 2 of the Eastbank LLC Minor Subdivision and parcel Number 21gS_ 354-15-002. Approximately 1 6.993 acres Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for a veterinary clinic on a 16.9g3 acre parcetlocated within the Rural zone districJ. A Veterinary ctini" in the Rural zone district is apermitted use in the Rural zone district with an Roministrative Review Lano Use ChangePermit' The Garfield county comprehensive plan ioentifies the piop"rtv - s Urban GrowthArea for the City of Glenwood Springs. The proposed approximately 4,200 square foot building is to house an equinehospital/veterinary clinic on afiptoximately 2+ acres of a larger 16.9g3 acre parcel. Theproperty is located along county Fload t s4 just south lt tn" iitersection "t stut" Highway82 and directly adjacent to th-e property occupied by _Fe_dEx. The parcel is currenlydeveloped with an lnter-Mountain waste and Recycling facility and a Gould constructionfacility as documented in a letter from Gale caimonly, former GarJield county codeEnforcement officer, dated November 20,2013 (see rinioit 21. ln aoJition, the propertycurrently is being used as a truck repair and maihtenance facility witr outsioe storage ofup to 30 vehicles which is recogniz"d. by.the county a-s a legal non-conrorming use. Theapplicant would like to use thelront half of the tot inctuoing the existing -4,000 squarefoot structure (closest.to cR 154) as a car repair and aut-omotive ficiity that will alsorequire a Land Use change Permit through an noministrative Revierar The car repair - facility application is being processed concurrenfly with this application for the proposedequine hospital. The equine hospital is proposed to occupy the area direcily behind (northwest) of thepr9p9:.9d. car repair facility and will inciude u n"* structure as well as outdoorrehabilitation areas' The facility will share the same maln entry to tre site as the proposedcar repair facility and the adjacent FedEx facility. fte Lcirity ii to ne serveo by an existingwell while wastewater is to be served by a t#p"qary 9"ptic tank (vault and haul). ln thenear future, the facility is to connect to the Roaring rork Water and Sanitation District(RFWSD) for wastewater service. '{x ''l :r"l':il;* '::- " I.:" - :"t\ Approx. location of proposed equine hospital Approx. location of proposed car repair facility - The Applicant has provided the following description of the proposed vehicle RepairFacility: The Property is located in the County's Rural zone designation, which encouragesagricultural uses', The proposed user is an equine veterinarian who will service all ofGarfield county, including the Roaring rork'Vall"y, und support Garfield coun{sa griculfural operations. The site is situated off countv lg"{ 154 adjacent to a light industrial area with directaccess to the signalized intersectio, ut Higt * ay Bi. ir,* to"ruon offers good access to theRoaring Fork valley region and is.o*prf,blu with adjacent land ..r".. ih. building designand function will be compatibre with ailacent u*irurfi rt uctures. The resulting traffic impact from this application together with the proposed vehiclerepair shop is that there wir be L l3 ofthe uafiic of the existing InterMountain wasteoperation' The equine hospital anticipates a maximum of 12 c"usto*"r;;ii; in an averageweek, and may require up to 6 fufl time emproyees at fun buildout. t;;ry day willaverage 34 average daily kaffic (ADT) t ips p., ary. . The proposed facility is approximately 4,200 square foot metal structure with themaiority of activities occurring insidettre uuilaing ii. shucture will be aestheticallyconsistent with the structure on th" adjacent Fed Ex site, jncluding the color, comrgation,and roof' There is a small pen outside the building *r,i.r, will be used to evaluate horses.Attached is asite plan furtter delineating the useJon the site. please do not hesitate tocontact me with further questions. II. DESCRIPTION OF THE SITE The parcel is currently developed with an lnter-Mountain waste and Recycling facilityand a Gould construction{aciliiy as documented in-" j"tt", from Gale carmoney, formerGarfield county code Enforcement officer, oatlJ rvlr"ru" r 20,2013 (see Exhibit 7).The property sits generally between the RFTA Rio Grande trail, county Road 154 andthe Roaring Fork River. - 4 Non-Conform - :l,il r:i .8 1."lt /'/ td!.* iiiittillr iti$ffif !;ii llillJl iiililiiriiiiii :.i!; ! l*lEili! llJ ffiilH Site Plan ,/ ,l /t/ '/l v f. i:!!!i \ H III. WAIVER REQUESTS FROM STANDARDS The Applicant has not requested any waivers from the Standards. IV. AUTHORITY - APPLICABLE REGULATIONS A' The Land Use Tables contained in section 3-403 0f the Land Use andDevelopment code,. designates a Veterin",v crinL within the Rural zone district asrequiring Administrative Review. B' section 4-103 of the Land Use and Devetopment code sets forth theAdministrative Review Procedures by which th;;r;;rt Application is being considered. c' The Application submittal requests two waivers from submittal requirements.These waiver requests are from sibmittal r"qrii"r"nts included an improvements :iffi:H,i',r,?H*".T',!Hent asreement. submitiar waivers have oeen accepted as paft D' Article 7 of the Land Use and Development code sets forth General approvalstandards in Division 1, General Resource Protection standards in Division 2 and sitePlanning and Development standards in Division 3.- Veterinrrv -ciini., are also subjectto section 7-604' The standards are addressed in the Application submittals and in theStaff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have beencompleted in accordance with the LUDC. r.ro prori. clmments were received as a resultof the public notice' Referral comments received on the Application are attached asExhibits and summ arized below: trn,o,ffilield county consulting Engineer, chris Hate, Mountain cross Engineering 1' The Application materials show a second access to the south that is to beshutdown when the entrance for the schoit i constructed. The Applicant shoutdexplain if there is benefit to traffic in ctosiig itii now rather than wai1ng until tater.2' The Applicant should provide a copy otlne new well permit, once issued, thatallows the proposed uses.3' The Applicant proposes to use a vault and pump scenario for up to z years to allowtime for sanitary sewer to be constructed in tie area. tf the sanitary sewer takeslonger than two years to construct, the Applicatit proposes to construct an owrs.The Applicant provides no soils inrormafiii-ni-tn" p*p,oria-o;wrs. Additionatty - 'l:3:?,0:8.''"n that is proposed is a steep hittside where construction may not be 4' The Applicant shoutd provide a fult test of the Primary Drinking water standardsof the water quatity for the well.5' No drainage calculations or repgrt was provided concerning the site. The Applicantshourd provide this for sizing of arainafie appurrenances. B. Glenwood Springs Fire Depaftment (Exhibit 4): 1' The site water system shatt,b.e upgraded to provide adequate fire ftow water andpressure fo^stlooof firefighting operations. The apptiiiit--shatt meet with theGlenwood Springs Fire D\partmeit staff to determine the number of fire hydrantsto be installed on the site and there pta,ie,iint.2' The application materials show rii nyarints are to be instailed, however thelocations may need to be changed. nti6inZ'water main to the hydiants is to comefrom the Roaring Fork water ind sanitation oi"tri"t,"i! i7'i'i "i the water systemgoing to the to-be buitt RE-l, K-a scnoii,-to-the north oitiiii'it". rnu, the RE-l lilz::r.::trict utitities ensineer shatr aiio be invotn"a in- ihis water system 3' The present south entrance to the site from cRr s4 is to remain as an emergencyentrance. rf required it can be gated to restrict usage.4' The existing and new buitdiig snatt oi iiiture'modeted to the fire protectionrequirements stated in the tntirnationatt aiiaing ana riie Coi"" that are beingenforce in Garfietd County at the time of thi iemodel and construction. c' colorado Department of Public Health and Environment AQCD and wQCD(Exhibit 5): Noted that "For the vet clinic GApA-os-to-aaiei -i colorado, landdevelopment construction activities (eartl.iglring)'irt are greater than 2s acres or morethan six months in duration require an Air Poiliant Emiss-ions N":ii; 6pEN) from theDivision and may be required tb obta.in an ai, peiiiit aepenaing on estimated emissions. ;"i:ff|:,lr?r?ff:;i! notice must oe suomitie,i ninv daysirior-io besinnirs ; i;;; D' cororado Division of water Resources (DWR) (Exhibit g): Noted thal ,,Theapplicant indicated that the water suppty to both'the existing car repair facitity and theproposed veterinary- ctinic witt be priiiiea by the iiirting *-"il. eriii'"rrr"nt permit islimited to one 4,00b square root ofrice/rep,rii in'ip-iii*iig ana aii i*urt appropriationof 0'4 acre-foot, the'proposal to ?uppiy tne ieiiinary clinic - which the applicantestimates would require o.sos acreloot'- *oia oiii"expansion of use and would requirea new well permit' The applicant did indicat" ii tne- s'ubmitted mateiiats that they areaware of this and would obtain a new permit to allow for the well to also serue the newproposed use' Therefore, as long as th'e appticani ioair-, -a well permit for the expandeduse' this office would not have-an obiection to usi-of the existing well to serue bothfacilities' Please note, sinc" !!" property is located in the cotorado-River Basin which isover-appropriated, a tlew wett permit wout! ha.ve to iperate pursuant to an approved planfor augmentation' The appliiant ias also indicated that they are in the process of - obtaining a contract with the Basalt water conseruancy District for augmentation waterfor the expanded uses for the veterinary clinic.,, - - " - I E. Garfield county pubric Hearth.Department (Exhibit 10):- The water supply has not been tested ior the furf range of contaminants asrequired by the Land Use and Development Code.- Operation needs to make every effort to connect to a public water supply.- A temporary onsite wastewater Disposal system (owrs) still needs to meet allof the standards for waste disposal ,no .toirge, particularly given the potentialcontaminants from rivestock and automobire fruids.- Property is located in the Glenwood sfring. source water protection Area andas a result, the operator should contact theirvater treatment plant operator in theevent of a spill. - All hazardous materiats should be stored and handled with care particularty withthe facilities proximity to the .Roaring ror[ Fiiver. ln addition, ,,horse and otherlivestock manure should be cleaneoir"qr"ntiy ano stored so that nutrients andbacteria are not allowed to leave tf,e property:,- The operators should be mindful that'irr" [roposed uses can produce fugitivedust and as a result, "should implemeni [iop"r dust control such as waterapplication, revegetation when possible, and'covering bare surfaces with gravel.,, F' Roaring Fork water and sanitation District (Exhibit 12): Noted that ,,As you areaware the RFWSD h.?t ,.p"?ding seruice ptii nEendment and Location and Extentpermit that is currently schedutei for hearingi ir' iirc through september. water andsewer lines are being proposed to be extend"ed trii tn, current District infrastructure tothe new Eastbank schoot'site. Thesg!1e.s are piipirea b be instailed adjacent to thesetwo referenced properties. The RFWSD has ,ix.i iat the RE-r schoot District and theadioining properties master ptan the proposed utitities in this ,r"" io- iat the long termutilities are master ola.Tne! complete with water aistiibution and sewer collection lines.The RFWSD prefers that individual connection" iiii o" made to water transmission orsewage force mains or interceptor sewers. For that reason the District is awaiting a masterplan before making further commitments to serue these parcels. Both the Equine Hospitatand the car Repair facitity wilt have wa.ter q.uallty parameters for the discharge to thesewer lines that must be met to protect the Districi biotogicat treaimii kcil1y;, VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. section z-101: compriance with zoneDistrict Use Regurations The development on the propeftv standards for the Rural zone districi. The parcel is currentty developed with an lnter-Mountain waste and Recycling facility anda Gould construction facility as documented in a tetter from Gale carmoney, former is in generat conformance with the dimensionat - Garfield county code Enforcement officer, dated November 20,2013 (see Exhibit 7).lnaddition' the property currently is being used as a'trrcL repair and maintenance facilitywith outside storage of up to 3o vehici-es which is recognized by the county as a legalnon-conforming use on 3.9 acres of the site. once the uses created as a result of these [U?l"T:*i::; ffiru:r;ll,y,"Jilina'v ciini.,ni'v"r.,icre nepairtu.iriti",, th";,ili;; 2' Section 7-102: conformance with comprehensive plan and compliance with lGAs Garfield county has an-lntergovernmentalAgreement (rGA) for Development Review withthe city of Glenwoo.{lo1ngs as signed on"rvl"y lrn,'2ggl lneceptiorinumber sgos72).consistent with the lGA, co-unty stalf referred the initial application to the city to receivecomments. No comments have been received from the city, nowevei - As the subject property is within the city of Glenwoo_d springs Urban Growth Area, thecounty comprehensive Plan of 2030 dLfers to the Glenwood springs comprehensivePlan of 2011 tor guidance.. Excerpts from the Land Use Description -section chapter 2and chapter 3 - section 1, Urban'Growth Areas and lntergovernmental coordination, aswell as the city of Glenwood Springs comprehen.irc pran of zo11 areprovided below. Gartield County Comprehensive ptan of 2030 Chapter 2 - Growth in Llrban Growth Areas The Plan recognizes the need for existing municipalities to be able to gradualy expand intoimmediatelv surrounding areas. The county tupporti in;;;";;;;;;, orderty expansion ofexisting communities' inis Plan recognizis .iiiting municipal ptais and strongty supporisand encourages infit!a1d r9.d9ye-lopmery of existiigZommun'ities. These growth areas are thepreferred locations in Gat'fietd county for growth ini,t ,"quir" urban level seruices. They arealso the preferred locations for comme.rciai..and "rptoyr"nt uses that can take advantage ofsuppotting infrastructure and a close by client basle {hat reduces travit demands. The mosteffective way to encourage growth in iesignatii *i ptanned ucis iitt o" by ensuring thefollowing: i' Each municipatity's plan for its IJGA is incorporated into the Gartie1 county comprehensivePlan. ii' urban developments in the IJGAs are encouraged to annex into the respective municipality. iii' lf there is a public benefit to attowing levetopment wilhin a :JGA prior to annexation, thecounty and municipatity wilt cooperatiiely endeavorr to facititate such development throughsuch means as.. 1' county zoning in the tJGAs adiusted to a close approximation of the municipality,splans. 2' Development in the uGA is required to obtain a rocal review with comment (not - approval) before submitting for county review.3' A procedure for muhicipal/cointy nri"* and recommendation to the Board of countycommissioners wiil b9 dgvetoped in "i rce iiti ia"n community.4' Each community is expected to extend seruices and infristructure to development inthe UGA that substantialty complies with ti"i, pii ror the uGA ltaiiiwners and the respectivemunicipality are strongly encouraged to enter into pre-annexation agreements that providecommitments with respect to exteisions of seruices and infrastructure, densities, etc.). section 1 - lJrban Growth Areas and lntergovernmental coordination Gartied county has worked with municipatities to direct development to uGAs wherepublic seruices and infrastructure are provided in an efficient and cost-effective manner.lntergovernmental cooperation betwe.en municipitities and other pub1c agencies hasdemonstrated successful collaboration and ias resulted in the creation of newpartnerships and collaborative efforts on behatf of the residents of the county. Policies: 1' Within defined tJGAs, the County Comprehensive plan, land use code revisions, andindividual proiects, wilt be consistent with'tocat municipat land use ptans and policies.2' Proiects proposed adiacent to toc3.l ryrurii"ipiiiirs requiring urban seruices wi, beencouraged to annex into the affected jurisdiction iicontiguityexisfs.3' Development in an UGA wilt have tand use ana itieet panerns that are compatibte withthe affected municipality. 4' within a localty ptanied IJGA, development Appticants.wiil be required to obtain projectreview comments from the local community piio, to submitting for county review. Theprocess should be defined in an executed lGA. city of Glenwood springs comprehensive ptan of 20rl Urban Growth Boundary UGB) The urban Growth .Bou.ndary represents an arel that can support urban-leveldevelopment' lJrban levelopment is'characteriia oia"nsities typicatof urbanized areasand by the types of seruices required t, t;pp;;'that development such as water,wastewater, roads, potice and emergency seruices, and other ii*itr,, seruices. lt alsorepresents an area of future annexa{ron. Afthough-thi, ,r"" lies outside of the city and issubiect to Garfietd county land use reguireients, according to the Garfield countycomprehensive P.lan, deielopmeii ana hnd use'within the-urban-Growth Boundaryshould be consistent with the future land use ii1""iir"" of the iiuniipatity. Both theGarfield county and Glenwood springs compreneiiive ptans recomm-end entering intolntergovernmental Agreements to assure muiuaily acceptable land use and developmentwithin the urban Grgwtlt p.ou7dary and to deiermine a process by which land useproposals will be evaluated by both'jurisdictions. H 10 ll The urban Growth Boundaryr has been determined using the foilowing criteria: 'Ability of the city t9 p,royide adequate infrastructure, particutarty water seruice, to newdevetopment without ptacing undue o,iiaii" iiii" 6ityt ability ti *iii "urrent municipatd e man ds w h i I e m ai ntai n i n g ad eq u ate t ei" i ;i ; ;*";.' Areas where therg w9ula be 'a pubtic benefit roi ine city to manage growth, givingconsideration to visual impacts, econom.ic impacts and benefits, open space andenvironmental benefits, and impacts on schools and other pub1c facitities. ;:ff;:ryrich, ir annexed to tite city, woutd siip,iry tn" iity timiii iii provide unity or ' Location of existing topographical features which serue as oppor-tunities or constraintsto development. Low Density Residential Low Density Residential is.a designation for land that is outside of the city timits but withinthe urban growth area..Thig desiinationconsr'sfs o,iiiigte-amity resideitiatdevetopment,!:,^::,::d3d to maintain a ruid inrriii"r.-apir"prarevetopment densities witt ha Land Uses outside city Limits but within the rJrban Growth Area Future land use designations have bgen agp.tied to properties within the LJrban GrowthArea' lt is intended tiat thgse properties witirin the irbin Growth Bi;o,u'naary be annexedinto the city at some point ii tie fu.ture. niorgZtn", things, these future land usedesignations take into account currentr"g:, topog1aphic consiraini",-iii"ting/frture utilityconnections, existing road networks, and tand'uies'on adjacent properties. Values and Vision for Economic Development Despite a decent levelof diversification in the Glenwood economy, the region surroundingthe city is greatty,, influenced by the. miniig,-'iit-)na gur, and construction-relatedindustries' The influence that tiese industriis have on the region makes Glenwoodsprings susceptible to the associaied boom ana oisi economic cycles that are typical ofwestern colorado' Therefore, the city must *oix-n-iurthey diversify its economy in orderto minimize the impacts of boom'and. bust cyctes white taking steps to continuediversifying the economy, the city should focusLrrii1 on .attracting high-paying jobs tohelp offset the abundance of tow-paying jobs a,ssiiiated with the robust tourism andseruice industry. Community Goals Supported by Economic Development . Maintain Glenwood's role as a regional center Policies to Enhance Economic Development 'The city should encourage the development of a well-trained workforce.'The city should continui to make improvemenis tnat enhance the community,s qua,tyof life and that make Glenwood springs a ptaci ii;t; aftractive for new businesses andtheir employees. ' The city shoutd actively pursue businesses and industries whose operations andproducts are compatibte witi the Grenwood springs vision. strategies and Actions to promote Economic Deveropment -.The City shou.td diversify the economy in atleast three maior YSys-: creatngiommunity wnei employers/employees want to rive, ?:i;:tr ;X:;::::{ ror new znd expandiis rocar -ouiinsses ani ictivety seekins cr rcure an nttractrve oommunitv - Go,od iobs are provided by good employers. Good Zi;:lir;,;#: tocate in commuiities where tney aif,iiei, empnyz;; *ttiwantto and can Allocate Adeouate-Land - Adequate land for new industries and businesses is timitedwithin city limits' However, wna.t is available witt need to be ,on"ii attow a businesseasy development' The city should consider r"ui"iig the zoning code to allow for moreflexibility of uses for a stricture or ;i;;;;rd"r'io"befter respond to the industriar andcommercial real estate market. *^:1"1y* st:jllpty of attractive and accessible office space for professionats is atsotmporiant' The city should consider adaptive reuse-of structures and tand avaitability priorto contacting targeted businesses. For new oniiiZia rehit oppiiiiiti"ts, the city shoutdhelp facilitate redevelopment of existing ,"tait iuiiiirgs in order to ieet evolving retailmarkets and community needs. To bltter unairiirnd the types of commercial officespace needed in tle..community, the city tnoifi iirauct an'iiitysir-o, the amount ofspace cu rrenily existing. options immediatety adiacent to the city timits and within the lJrban Growth Boundaryshould also be examiied for the abitiiy to acioimodate busineis Znd industry. Anexample srb r's the parcel north of the,e rci*iii-siiingt Matt in west Gtenwood wherethe city could asstsf in preparing it to become a mie,aluse office ,i"i i, business park.The city shoutd also.co.nsia", pZ,tn"rio with goiiii'*"nts or organizations to ptan andpossibry deverop an industriat park in the immidiate ir"". ln accordance with the Garfietd co.unty.comprehensive plan policies, ,,within definedUGAs' the county comprehensive Flrn, tano use coJe revisions, and inoiviouat projects,will be consistent with local municipal Jand ,." pi"n. and policies.,, To this end, theGarfield county comprehensive Plan defers to the i"nJ ur" goals and policies of the localmunicipalities for land within the UGA. - t2 The city of Glenwood Springs comprehensive Plan identifies the subject property as LowDensity Residential on the iubject property. tt is staff's opinion that provided the city,spolicies on economic developr"ni as well as the language within the Low DensityRe.sidential designation that states that "Appropriui" development densities will bedetermined by, among other things, current land uses, topographic constraints, existingand future utility connection., anl existing roao networks," the application is in generalconformance with the Gar.fierd county coilprehenrr. pran 2030. Orientatron Map licnF'i{,ly ti ti4 3. Section 7-103: Compatibility The current uses on Parcel 2 include lnter-Mountain waste.and Recycling, vehicle repairas well as Gould construction' while this permit in conjunction with t'tre car repair facility,which is being processed concurrently ol this parJ, woulo eliminate the existing legalnon-conforming uses on the parcel, the Gould'coniirr.tion operation to the southeastwould remain' Both the FedEx and Gould facilitLs aie light industrial in nature and arecompatible with the proposed veterinary clinic. To the east of the subject parcel is the RFTA Rio Grande Trail, county Road 154 andState Highway 82. The RE-1 school District 9yn" an approximately 35 acre parcelto the north of this subjectparcel' staff understands that the District will be conitructing a new scl-rool on this parcelto the north within the next year. - t3 Residential development exists across the Roaring Fork River to the south of the subjectparcel. The Applicant has stated the following regarding compatibility: The nature, scale, and intensity of the proposed use is compatibte with adiacent land uses. Adiacent land uses inctuding a contractols yard and aFed Ex warehouse and distribution facility. The-intended use ii an equinesurgeon, who will keep 3-5 horses on site per day. The facitity wiit not emanate noise or odor, and is consistent and compatibte with suVroundingland uses. The proposed use will generate less traffic than the existing lan-d use. 4- Section 7-1O4: Sufficient, Adequate, Legal and Physical Source of Water The Veterinary Hospital is to be serued by a shared well located on the parcel. TheApplicant has provided the following analysii as a part of the application from Sara Dunnof Balcomb and Green, p.C. Allthe uses on Lot 2 will be serued by the existing wett pursuant to the termsof a well sharing agreement and individuat wei permits. Water delivery toeach facility will be separately metered to ensure compliance with theindividual well permits. The car repair facility that witt occupy the existing approximatety 4,000square foot building will be serued pursuant to Welt Perm'it No. 05025-F andBasalt Water Conseruancy District Contract #912. Well permit No. 05025-F was issued Jullr 8, 1g9g pursuant to c.R.s. S s7-g0-t s7(2) and the usesare limited to drinking and sanitary purposei inside a l,b6O square footoffice/repair shop building, occasionattruck washing and fioor washing, and not more than 1,000 square feet of tandscaping irrigation. A copy is attachedhereto. This well_permit requires a vatid contract-(Contract istzl with theBasalt Water Conseruancy District. According to the Basalt Waterconseruancy District, contract #gl2 is in fultforce and effect. The Equine Hospital witt be serued by the same well that serues the carrlPair facility. Eastbank, LLC has applied to the Basalt Water ConseruancyDistrict for an allotment contract and inclusion in its umbrella plan foraugmentation adiudicated in Case No. 02CW77. A copy of the Appticationfor Water Allotment Contract submitted by Eastban*,'LLC to in'e Basalt Water Conseruancy District is attached hereto. We anticipate that the BasaltWater Conseruancy District will approve this request andissue a contractwithin the next 60 days. Once the Basalt wbter Conseruancy Districtcontract has been issued, Eastbank, LLC wilt obtain a well p"rrit for theuses associated with the Equine Hospitat. we witt supptement the t4 Application with the Basatt Water Conseruancy District contract, well permit, and well sharing agreement upon receipt. A water quality test was perlormed on the well on September 2g, 2015 andit tested negative for Cotiform and E.coti. The re,sults of that test areattached hereto. The most recent well production pump test was performedon March 2, 20r s. over the.4-hour pumping period'approximately 4,g00gallons were pumped, resulting in an ave'rag-e pumping iate of 20 il.p.*. ncopy of the Well Pumping Test Results Leier.from' Risource Engi-neering,lnc. is also attached hereto. comments were received from Mountain cross Engineering (Exhibit 3), which indicatedthat (1) The Applicant needs to provide a copy of tlie new well permit, once issued, thatallows the proposed veierinary clinic, and (2)-the Applicant should piovide a full test ofthe Primary Drinking Water Standards of the water quality for the well. ln addition, theapplication does not contain a water quality analysis that satisfies Section 4-203(MXl XnXsXc) of the LUDC. The application was referred to the Division of Water Resources who noted the followingregarding the well permit (Exhibit g): The applicant indicated that the water supply to both the existing car repairfacility and the proposed veterinary clinic wilt be provided Oy ine existingwell. As the current permit is limited to one 4,000 square foot office/repairshop building and an annual appropriation of 0.4 acieioot, the proposal tosupply the veterinary clinic - which the appticant estimates would require0.563 acre-foot - would be an expansion'of use and would require a newwell permit. The applicant did indicate in the submitted materials that theyare aware of this and would obtain a new permit to allow for the well to alsoserue the new proposed use. Therefore, as long as the applicant obtains awell permit for the expanded use, this office *o-utd not haive an objection touse of the existing well to serue both facitities. Please note, since theproperty is located in the Colorado River Basin which is over-appropriated,a new well permit would have to operate pursuant to an approieA'phn foraugmentation. The applicant has also indicated that they are in the processof obtaining a contract with the Basatt Water Conseruaniy oirtri"t fo,augmentation water for the expanded uses for the veterinury "tiri". ln addition, Kent Kuster.of CDPHE (Exhibit 5) has indicated that not enough informationwas provided to determine whether the facility, in combination with the car repair facility,will.need to satisfy the requirements of the Colorado Primary Drinking Water Regulationsor the Colorado Water euality Control Act. Regarding connection to the RFWSD water system, Louis Meyer of SGM, lnc. whorepresents RFWSD, noted the following: l5 Water and Sewer lines are being proposed to be extended from the current District infrastructure to the new Eastbank Schoot site. These lines areproposed to be installed adjacent to these two referenced properiies. TheRFWSD has asked that the RE-l Schoot District and the adjoining properiies master plan the proposed utilities in this area so that tie toig term utilities are master planned complete with water distribution and sewer collection lines. The RFWSD prefers that individual connections not be made to water transmission or sewage force mains or interceptor sewers. For that reason the District is awaiting a master plan before m'aking further commitments to serue these parcels. Staff suggests the following conditions of approvalto address the aforementioned issues: 1.The Applicant shall provide a copy of the new well permit and Basalt WaterConseruancy District augmentation contract that allows the use for a veterinaryclinic, to be reviewed by the County Designated Engineer and CommunityDevelopment Department prior to issuance of the Land UIe Change permit. The Applicant shall provide a copy of the executed well sharing agreement, to bereviewed by the county Attorney's office and commu-nity Development Department prior to issuance of the Land Use change permit. The Applicant shall provide a water quality test that meets the standards in Section4-203(MXtXbXSXc) of the LUDC, reviewed by the County Designated Engineerprior to issuance of the Land Use Change permit. The Applicant shall provide documentation as to whether the combined veterinary clinic and vehicle repair facility will need to meet the requirements of the ColoradoPrimary Drinking Water Regulations (water) and/or the Colorado Water eualityControl Act (wastewater). The submittal shall be reviewed and accepted by theCounty Designated Engineer prior to issuance of the Land Use Chang'e permit. Section 7-105: Adequate Central Water Distribution and Wastewater Systems 2. 3. 4. 5. The Applicant has stated the following regarding wastewater for the site: The Code re.lui9s thgt "every effort shatt be made to secure a pubtic sewer extension." (7- 105). Public water and sewer are not yet available to the site,but we anticipate it will be forthcoming in the next 12 months. The RoaringFork Water & Sanitation District ("RFWSD") has initiated the proce.ss tobring potable water and sanitary sewer to the site to serue the new RE-l K-8 school to be constructed on a learby property and the surroundingproperties, including this one. Based on discussions with DistriCtrepresentatives, the District believes that water seruice will tikely beavailable by late-summer/early fatt of 2016 and sewer seruice wil tikely beavailable by mid-2017. t6 The RFWSD's extension of these utitities will, of course, be dependent upon County approval of its amended seruice plan, which seeks to inctude this site and surrounding properties into the RFWSD's seruice area and inclusion of the site within the RFWSD's taxing area. Connection to the RFWSD's infrastructure will also be contingent upon permitting approvals for the facilities, including a lift station south of the site, paymeni of iap feesby the Applicant to the RFWSD, and instaltation of the necessary infrastructure to connect to the RFWSD's facilities pursuant to its rules and regulations at the Applicant's cost. The Applicant understands that the RFWSD planned infrastructure will have the capacity to serue 350 EQRs on the site, which will be more than adequate for the proposed use. Applicant proposes to install a temporary septic tank on the propefty to serue the veterinary clinic, as well as the vehicte repair shop in the existing building. Plans call for a temporary instatlation of an underground 1,500- gallon single chamber Norwesco Bruiser septic tank. The sewer lines witt be fitted and sized in anticipation of connecting to the RFWSD main line when it becomes available. This temporary system wilt be pumped regularly, likely once per month. Applicant wilt then connect to the RFWSD line within three months of its construction, or as otherwise permitted or required by RFWSD. lf, for some reason, RFWSD utilities are not avaitable within the next 2 years, applicant wilt work with the County to construct a conforming on-site wastewater system. This means the property will be serued at all times by a water and wastewater distribution system that is adequate to serue the proposed use. The County has historically permitted vault and haul wastewater disposal systems for temporary uses. The LUDC defines Temporary as "For a duration of 1 year or less". Such t_emporary vault and haul wastewater disposal methods are permitted through the county's onsite wastewater Disposal systems (owrs) regulations. A vault and haul temporary wastewater system is not typically viewed favorably by the County if the use it is serving is permanent. However, ai Staff is aware of the inieniions of the RFWSD to serve the area for the new RE-1 school buildings, it is Staff's opinion that such extensions are likely to occur in the near future and that ionnection to regional systems such as RFWSD are preferable to individual wastewater systems in the long term. ln addition, comments from Mountain Cross Engineering state that "The Applicant proposes to use a vault and pump scenario for up to 2 years to allow time for sanitary sewer to be constructed in the area. lf the sanitary sewer takes longer than two years to construct, the Applicant proposes to construct an OWTS. The AppliCant provides no soils information for the proposed OWTS. Additionally the location that is proposed is a steep hillside where construction may not be feasible.,' tl The vault and haul OWTS and permanent OWTS are to be shared by the car repair facilityand the veterinary clinic. Since the wastewater system is to be shared by two entities, asystem sharing agreement is necessary. To this end, Staff recommends the following conditions of approval to address theseissues: 1. The Applicant shall provide soils characteristics and slope information for thewastewater absorption area to ensure compliance with County OWTS rules andregulations for the proposed permanent owTS system. This information shall bereviewed and accepted by the County Designated Engineer prior to issuance ofthe Land Use Change permit. 2' The Applicant shall provide a draft wastewater system sharing agreement prior toexecution to be reviewed and accepted by the bounty Attoriey:s Office prior toissuance of the Land Use Change permit. - 3. The Applicant shall obtain a County OWTS permit for both the vault and haulwastewater disposal system and the permanent owrs, as applicable. 4. Within one year from the date of issuance of the County OWTS permit for thevault and haul system, the system shall be removed and replaced with either: (1)connectiolto_a1d service provided by the Roaring Fork Water and SanitationDistrict (RFWSD), or (2) installation oi a permanent OWTS consistent with thesite plans and representations made within the application. Under nocircumstances shall the vault and haul OWTS system remain in place for morethan one year. No extensions for compliance wiin this condition shall be granted. 6. Section 7-106: Adequate public Utilities Adequate public utilities currently exist at the subject parcel. 7. Section 7-107: Access and Driveways The primary access point to county Road 154 tor the proposed uses is to be shared withthe FedEx. lacitlty located to the north. Lot 2 also'has a secondary access tocatedapproximately 400 feet to the southeast. Regarding access, the Applicani has representedthe following: These two businesses will be accessed via the improved access off CountyRoad 154 recently constructed as part of the FedEx Ground Facil1y to thenofthwest occupying Lot 1 of the Eastbank Minor Subdivision. The accessis 30'wide and has been desiqned to accommodate WB-67D trucks (doubtebottom combinatioy.tlucks) -*itn , btat rengi of 7s.3 feet used by theFedEx operation. This access is sized pro-perly to accommodate horsetrailers that will utilize the access for the equ'ine hospital. The Lot 2 access l8 onto the shared driveway with Lot 1 (FedEx Ground) is over 100 feet from the intersection of County Road 154. This provides room for the proposed Lot 2 traffic to straighten out prior to reaching the intersection of County Road 154 and also provides room for stacking of at least one of the large FedEx wB- 67D trucks so that the Lot 2 acceis is not btocked. A secondary access will remain in place to the east of the proposed buildings. This access will be eliminated once the access to a n"ew'public schoolsife r's constructed, at which point a secondary access point to the two proposed businesses will be provided from this future road. This roadwill eventually serue up to two pubtic schools and future residential development. For the purposes of this traffic study, we will assume that this secondary access will not handle any of the proposed trips generated by the two businesses. 100% of the trips generated will access from the shared driveway with FedEx Ground on Lot l. Regarding traffic generation, the Applicant has indicated that current traffic generation from the site is 330 ADT. The Applicant has estimated that the car repair flcility and veterinary clinic will generate traffic as follows (application figures amended by Exhibit 1 1): - Car Repair Facility: B0 ADT- Veterinary Clinic: 34 ADT- Total: 114 ADT As a result, the application states that the combined uses will generate 65.5% less trafficthan the current uses on the propefty. The application was referred to the Garfield County Road and Bridge Depaftment, Colorado Department of Transportation (CDOT) and the Glenwooi Springs Fire Depaftment. No comments were received from Road and Bridge or CDOT, howeier, the Fire Department had the following comments regarding access to the property: The present south entrance to the site from CR154 is to remain as an emergency entrance. lf required it can be gated to restrict usage. Referral comments from Mountain Cross Engineering also request an explanation as to whether there is a benefit to closing off the second southeriy access now instead of waiting untilthe school road access is created. However, since t-he Fire Depadment views this second access as an emergency access, it is Staff's opinion that a second access is optimal. To this end, Staff recommends the following condition of approval to address the items discussed above: t9 20 - At the time the roadway to the school site across Lot 3 is constructed, the southerlyaccess for Lot 2 onto County Road 154 shall be closed and ielocated to connectto the school site access road. 8. Section 7-1Og: Natural Hazards No natural hazards have been identified on the subject parcer. 9. Section 7-1Og: Fire protection The impacted area..of the subject parcet has been identified as generally Not Rated forWildfire Susceptibility in ac"otdance with Map z of the Community Wildfire protectionPlan' The parcel is located within the Glenwooo spiings Fire Department service area. The Application was referred to the.Glenwood Springs Fire Department (Exhibit 4), whohad the following comments regarding tire proteciioni - The site water system shall b.e upgraded to provide adequate fire flow water andpressure to^su.ppolfirefighting operations. The apptiiint siatt meet with theGlenwood Springs Fire Department staff to determine the number of fire hydrantsto be installed on the site and there placement.- The application materials show tyb nyaranti are to be installed, however thelocations may need to be changed. elso tne water main to the hydrants is to comefrom the Roaring Fork water ind sanitation District, it is pqn iiin" water systemgoing to the to-be built RE-l, K-8 school, toine nofth of this site. Thus the RE-l 3i:"ri:",?:trict utitities engineer shatl atso be invotved in this water system {lil" Mr' Biggers of the Glenwood springs Fire Depaftment is correct that the submittedutilities plan shows a future water tirie running io the RFWSD system, such arepresentation or timeframe has not been made iri ttre application. As a result, the fireprotection system will need to be designed in anticipation of the facility remaining on wellprovided water. Based on the above information and comments, staff recommends the followingconditions of approval : - The Applicant shall meet with th-e Glenwood springs Fire Department to come toan agreement on (1) necess ary fire flow water ino'pressrr" io .rpport firefightingoperations, and (2) the numberand location of hydrants on site.'The Applicantshall provide evidence of the consultation with the rire oepartment and writtendocumentatiorr of. the agreement regarding the aforementioned items to theCommunity Developmen-t Department ani county Designated Engineer forreview and acceptance prior to issuance of ft,e land Use cfiarge permit. - Article 7, Division 2: General Resource protection standards 10. Section T-20l Agricultural Lands Staff understands that the property is not currently being used for agricultural purposesand it is not anticipated that the proposed development would adversely affect neighboring agricultural uses. 11. Section 7-202 Wildlife Habitat Areas The proposed development is expected to have minimal impacts on wildlife. The site is currently used for industrial purposes and the footprint of both the veterinary clinic andcar repair facility are already disturbed and graded areas of the site. As i result, no significant impact to wildlife habitat is expected. The application was referred to Colorado Parks and Wildlife, however, no comments were received. 12. Section 7-203 Protection of Waterbodies The proposed facility is not directly adjacent to any identified waterbodies. ln addition, the disturbance area is greater than 35 feet from the Roaring Fork River. As a result, no impact to waterbodies is anticipated. 13. Section 7-204 Drainage and Erosion The Applicant has provided a grading and drainage plan which has been reviewed by theCounty Designated Engineer. Below are the iollowing comments from the CountyDesignated Engineer: - No drainage calculations or report was provided concerning the site. The Appticant should provide this for sizing of drainage appurrenances. ln addition, Plat Note Number 16 of the Eastbank, LLC Minor Subdivision (Reception Number 867716) states that "Lot 2 and 3 shall develop a storm water management plan at the time of development or redevelopment,,. ln order to accommodate the requirements set out by the Subdivision Plat and the CountyDesignated Engineer, Staff recommends the following conditions of approval: - The Applicant shall provide a Stormwater Management Plan which includes drainage calculations. This Plan shall be reviewed ind accepted by the Gar.field County Designated Engineer prior to issuance of the Land Use Change permit. 21 14. Sections 7-2OS Environmental euality comments received from the Garfield c^ounty Public Health Department state thefollowing regarding environmentar quarity tsle dxnibit 10): - This property is located within the city of Glenwood springs,source waterProtection Area. The operator shout| be mindfut of this iiinii, operations, andcontact Jerry wade, water treatment plant operator, at (g70) 61g-g2og in theevent of a spill.- Both operations at this location produce waste that, improperty disposed of, havethe potential to negatively affeci ground ",iJ'trrtu"e water suppties. properhandling of these materiats, is of -u.tmost iipirtance given the' ilose proximity tothe Roaring Fork River. waste oit and othZi automobite fluids should be storedso that they do not leak and are not atlowid contact with bare soil. Horse andother livestock manure should be cleanea iiquentty and stored so that nutrientsand bacteria are not allowed to leave the pripeny.- ln the impact analyses of both appticatiois,-in"r" is no mention of dust control.The operator should be aware that these land uses can produce fugitive dust andshould implement proper dust control such as.water apptication, revegetationwhen possibre, and covering bare su,farrt-iitn grrn"t.' ln response to the above noted issues, staff recommends the following conditions ofapproval: 1' This property is located withjn the City of Glenwood Springs, Source WaterProtection Area. The operator should be mindful of this i,itneiioperations, andcontact Jerry wade, water treatment plant operator, at (g7o) 61g-g2og in theevent of a spill.2' Horse and other livestock manure shall be cleaned frequentty and stored so thatnutrients and bacteria are not ailowed to reave tne propertt. ' -' 3' The operator shall control fugitive or.t tnrorgi uppropriate dust controlmeasures such as water application, t"r"g"Ltion'wrrbn p;r.ibl", and coveringbare surfaces with gravel. 15. Section 7-206 Wildfire Hazards The impacted are1.gf the subject parcel has been identified as generally Not Rated forwildfire susceptibility in u..oidrnfe with Map 7 of the community wildfire protectionPlan. Please see Section 9, above regarding Fire protection. 16. Section Z-207 Natural and Geologic Hazards As noted in section 8 of this staff Repoft, no naturar and geologic hazards have beenidentified on the subject property. - 22 17. Section 7-208 Reclamation Minimal new disturbance is anticipated as a result of the proposed facilities that would not be part of the longterm functioning of the site. Article 7, Division 3, site Planning and Deveropment standards 18. Section 7-301 Compatible Design: see section 3, above, regarding compatibility with adjacent uses. The organization of the proposed uses appears logical with the vehicle intensive automotive repair facility nearest to the public roadway and the veterinary clinic set back into the subject parcel. The Applicant has indicated that, in accordance with Section 7-301(B), "Dusf, odors, gas, fumes, and glare shall not be emitted at levels that are ,easonably objectionaOi'e to adigcgnj propefty." ln addition, "Noise shall not exceed State noise siandards pursuant to C.R.S., Article 12 of Tifle 25..;' The proposed hours of operation for the facility are 8AM to 6pM Monday through Saturday, with emergency calls as necessary. staff recommends conditions of approvar stating the following: 1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent p rope rty.2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title 25. 3. Hours of operation for the Veterinary Clinic are 8AM to 6PM Monday through Saturday, with emergency calls as necessary. 19. section 7-302 off- street parking and Loading standards: The Applicant has indicated the following regarding parking for the facility: The Gartield County Land Use and Development Code has standards forparking requirements for "retail, seruice, or office" commercial uses of l parking space per 250 SF of leasable floor area. This witt be used for the typical office poftions of the building. There is not a good reference for animal medical facitities in the Countycode. However, the city of Grenwood springs Municipat code has a categonJ for "general seruice establishment not otherwise listed" which provides requirement of 1 parking space per 450 square feet of floor area. The office and reception portions of the proposed equine hospital account for approximately 1,560 square feet of the buitding. 1,560 SF /250 = 6.24 spaces The surgery area portion of the buitding accounts for 800 square feet. 800 SF/450 = t.7B spaces The rest of the building is just in-doors hotding areas for animats which would not generate any parking requirements. This makes for a need for a minimum of 8 parking spaces of which I witt need to be a handicap accessible space. Based on this analysis, it is Staff's opinion that adequate vehicle and horse trailer parking is proposed. 20. Sections 7-303 Landscaping Standards: The Applicant has proposed a landscaping plan, excerpted below, for the proposed veterinary clinic and car repair facility. The plan represents preserving the exisiing trees and other vegetation along County Road 154 to help screen and buffer the uses vlsualryfrom public view. Based on the existing vegetation at the site, it is Staff's opinion that theproposed landscaping plan is adequate. 24 Landscaping Plan 25 21. Section Z-904 Lighting: The Applicant has represented that lighting will conform to sectionT-3}4standards. staffrecommends a condition of approval that any exterior lighting compt/with the Standardsoutlined in Section 7-504. 22. Section 7-305 Snow Storage Standards: The propefty has adequate snow storage areas that are in compliance with Countystandards. 23. Section 7-906 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 604, Veterinary Clinic 24' The Applic-ant has represented that that the facility will conform to this Standard.Specifically, the Section 7-604 states that "No noise slrall emanate from the propertyboundary in excess of the Residential Zone District standards contained in C.R.S. S 25-12-103, except aspermitted by C.R.S..S 25-12-103(2) and (3)." As noted previously, Staffrecommends that the facility conform to all state nois" statutes. V!I. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed Veterinary Clinic is in conformance withthe comprehensive Plan of 2030 as well as the Land Use and oevetopment Code. Staff,therefore, recommends approval with conditions of the Eastbank Veterinary clinicapplication. Suggested Findings 1' That proper public notice was provided as required for the Administrative ReviewLand Use Change permit. 2' That with the adoption of conditions, the application is in generalconformance withthe 2030 Comprehensive plan, as amended. 3' That with the adoption of conditions, the application has adequately met therequirements of the Garfield County Land Use'and Development Cooe of 2013, asamended. 26 Suggested Conditions of Approval 1' The Applicant shall provide a stormwater Management plan which includesdrainage calculations. This Plan shall be reviewed and accepted by the GarfieldCounty Designated Engineer prior to issuance of the Land usL cnange permit. 2' The Applicant shall provide a copy of the new well permit and Basalt WaterConservancy District augmentation contract that allows the use for a veterinaryclinic, to be reviewed by the. county Desijnated Engineercno cormunityDevelopment Department prior to issuahce of t"he Land uI" Cr1rnge permit. 3' The Applicant shalt provide a copy of the executed well sharing agreementbetween the veterinary clinic and vLhicr" repuii facility, to oe ieviewed by theCounty Attorney's ofiice and Community -b"r"ropment Depaftment prior toissuance of the Land Use Change permit. 4' The Applicant shallprovide a water quality test that meets the standards in section4-203(MXtXbX5Xc) of the LUDC; reviewed and accepted by the CountyDesignated Engineer prior to issuance of the Land Use crrange peimit. 5' The Applicant shall provide documentation as to whether the combined veterinaryclinic and vehicte repair facility wilt need to meet the requirements of the ColoradoPrimary Drinking water Regulations (water)-unJlor tnL cotoraJo wut", eualityControl Act (wastewater). T-he submitial shall be reviewed and accepted by theCounty Designated Engineer prior to issuance of the Land U." Cr,"nge permit. 6' The Applicant shalt provide soils characteristics and slope information for thewastewater absorption area to ensure compliance with cdunty owTS rules andregulations for the prop.osed permanent OWTS system. This information shall bereviewed and accepted by the county DesignatJo engine"r prioi to issuance ofthe Land Use Change peimit. 7 ' The Applicant shall provide a draft wastewater system sharing agreement betweenthe veterinary clinic and vehicle repalq facility piiliio execution to be reviewed and flffiiJ:t by the county Attorney's office prioito issuance of the Land Use change I' The Applicant shall meet with the Glenwood springs Fire Depaftment to come toan agreement on.(1).necessary fire ftow water and'pressure to suppoft firefightingoperations, and (2) the number and. location oi hydrants on site.'The Applicantshall provide evidence of the consultation with the Fire Depaftment and writtendocumentation of the agreement regarding the aforementioned items to the - 27 Community Development Depafiment and County Designated Engineer for review and acceptance prior to issuance of the Land Use change permii. Other Conditions 9. All representation of the Applicant contained in the application shall be considered conditions of approval. 10.The Veterinary Clinic shall be subject to all Gar"field County Building Code Requirements. 11.All exterior lighting shall be downcast and shielded and comply with SectionT-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 12.The Applicant shall obtain a County OWTS permit for both the vault and haul wastewater disposal system and the permanent owrs, as applicable. 13. Within one year from the date of issuance of the County OWTS permit for the vaultand haul system, the system shall be removed and replaced with either: (1) connection to and seruice provided by the Roaring Fork Water and Sanitation District (RFWSD), or (2) installation of a permanent OWTS consistent with the siteplans and representations made within the application. 14.At the time the roadway to the school site across Lot 3 is constructed, the southerly access for Lot 2 onto County Road 154 shall be closed and relocated to connect to the school site access road. 1S'This property is located within the City of Glenwood Springs'source Water Protection Area. The operator should be mindful of this in thelr operations, and contact the Glenwood Springs water treatment plant operator in the event of a spill. 16. Horse and other livestock manure shall be cleaned frequently and stored so that nutrients and bacteria are not allowed to leave the property. 17.The operator shall control fugitive dust through appropriate dust control measures such as water application, revegetation when possible, and covering bare surfaces with gravel. 18. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent property. 19. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Tile25. 28 EXHIBITlt PUBLIC HEARING NOTICE INFORMATTON Please check the appropriate boxes below based upon the notice that was conducted for your pubtic hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. v Mailed notice was completed on the 25th day of May_ , 201G. J- All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorde/s office at least 15 calendar days prior to sending notice. J- Alt owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] r Please attach proof of certifled, return receipt requested mailed notice. My application required Published notice. Notice was published on the _ day of. Please attach proof of publication in the Rifle Citizen Telegram. tr tr 2416. My application required posting of Notice. Notice was posted on the _ day of 2016. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above infurmation is true and accurate. Name: Signature: Guffield County Date: Mav 25.2016 rt JIst Eft -nEI rrTfE trr Iit4lmIJI I trl irru;.n i .-o r14 lr.]ElEt lE IIEi.a' r .-E,E i tE-;llt l=U I r.rt iiru iJI i ".8rlJl iir-l[flEirf, tlrlIrrE I r\- I i t-., Ei -JlE IJI Err ru3' .-o lJl ru .-E .-u tfl l-!.EEE E f JIE : ..8 -.E ..0 :lJl :ru ,J : .Jl ilJl ,rrIElEl I r:r llalft.rrE I;rjljrr ]Elr! l i '2fffi6 r?5i#;8EcedlfrrdMlIn ldclodo.iltey 5 trAdlt$gtenn qeld ," $ Shane & Bruce's 4185 County Road I Glenwood Springs, Co i}6&gl-,l i .it 'i .\i8 \Y\\qff" Ic,, Is4 o)9 fin*rnRmtptlectoot4 t EcgtnodMdlRsfidodDs[v6.y I ElAdilt SIrod'rE nlqulod t f]Adult Stgnarm 8s&totod Drlbdy i Thomas and Luana 416 Meadow Lane Glenwood Springs, CO 81601 i.----------- /\--l / i 9to,oti / FlstmRccdpt0utuopy) S trRem8dslet(doctoilC, t trcn{qdl*.{ndkr.dD6|wy t EAdlitg0irtuEFoqrrEd $ S&f,€tre R.Efilcltd De,lEty 0 L&YJarnmaronFamily 4915 Highway 82 I Glenwood Springs, CO 81601-9622 LB Rose Ranch LLC 1007 Westbank Road lGlenwood Springs, CO If\ffifrfl&\"il u- ii- ! [.a ,riCgtrnsernfifqolpt0srdcoCyr t nR&m n6cdet(dcctsid 3 Ecdtfd Mdl B€.fict d Drttusy I ElAdnstgneDBlq&d t trneiurtFscdptltwiapY) 0 tr8!trnR$.e!{.l.carqtlc} 0 Bcd!tsdurlRotrki.dodt{sy 3 EAdun $grtatE Roqutrd EAduntgg[rstw Rducd D6o\dY 3 Colorado Departnnent 202 Centennial Drive Glenwood Springs, CO 81601 1----'- il-------' 710 E. Durant Aven ,5;ffisEH'ltmBecolrd(.1l9,imq f EC6t&dMalnofiqlo{rD.llv6y 0 llAduttsbod@Roqud .. a BAdultghnduE Rstkr.d ththlry S ru -.E .-Eatl rrtftrl EI trlf ,It: ,nFErr rl6ul l..rl rU --E .-E 14 r! EIEtrt Et-Itrl tfl Bhie Heron Properties. 1007 WestbankRoad P ru .-EJI l.rl r! EI E3 trf trl fJItrl l, r{Er! KW GIen P.O. Box 979 Telluride, CO 814 ftf -.ulfl ruJI .-E r-r| rLEE EI Ef ..9 Ef tn 11Er! EO ITttl r4 ru .-E-!ljt rL EI EIE tft -!E rrlrlE rL gt'd'{&} ERetm Re€ht 0Edep./, E nctn nu$t touclrmic) ficomed ual amtaoo xttvry flAdlt 6l9ndte RaqukEd flArfiJttshn6fuE R6tlo!.d Doltuq}, ftl.Tt3';tli*w PUBLIC NOTICE TAKE NOTICE that the Eastbank. LLC has applied to the Garfield County Director of Community Development, to request a Land Use Change Permit to allow a Vetlrinary Clinic @quine Hospital) to be located on the subject property located in the County of Garfield, State of Colorado; to-wit: Legal Description: LOT 2 AS DEPICTED ON THAT CERTAIN EASTBANK LLC MINOR SUBDIVISION PLAT AS RECORDED IN THE OFFICES OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO ON SEPTEMBER 8, 2015 AS RECEPTION NO. 867716. COUNTY OF GARFIELD, STATE OF COLORADO Practical Description: 3927 County Road 154, Glenwood Springs, CO 81623 (Lot 2 of the Eastbank LLC Minor subdivision and parcel Number 2lg5-354-15- 002) Description of Request: The Applicant is requesting a permit to construct a new building of approximately 4,200 square feet to house a veterinary clinic (equine hospital) on an approximate|y 2+ acre portion of a larger 16.9g3 acre parcel. The facility is to be served by an existing well and a new septic system. Access is provided off county Road r54 and is located approximately 1.5 miles south of the City of Glenwood Springs. City of GLenwood Springs County Road 154 Subj ect Parcel All persons affected by the proposed Land Use Change Permit are invited to comment regarding the application. You may state your views by letter, or you may caII the Community I)evelopment Department at (970) 945-8212 regarding the application. The Director will givl consideration to the comments of surrounding property owners, and others affected, in deciiing whether to grant or deny the request. The application may be reviewed at the of6ce of the Plannin; Department located at 108 8th Street, Suite 401, Garfield County Administration Building] Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday throughFriday. Alternatively, the application can be viewed at trttp:Zrecora;.sarfiefu countY.comAMeblink/Customsearch.aspx?SearchName:BuildingDocumentsearch 1Se*"t zu File No. GAPA-05-1 6-3453). The Director will issue a determination on this application on Friday June24r2016 therefore any comments to be considered must be received prior to that date. Planning Division, Community Development Garfield County MOUNTAIN EROSS ENGINEERING, INE. Civil and Environmental Consulting and Design EXHIBIT b-gJ the Eastbank Equine Hospital: This office has performed a review of the documents provided for the Eastbank Car Repair Facility and the Eastbank Equine Hospital. The submittal was found to be thorough and well organized. The following comments were generated: 1. The Application materials show a second access to the south that is to be shutdown when the entrance for the school is constructed. The Applicant should explain if there is benefit to traffic in closing it off now rather than waiting until later. 2. The Applicant should provide a copy of the new well permit, once issued, that allows the proposed uses. 3. The Applicant proposes to use a vault and pump scenario for up to 2 years to allow time for sanitary sewer to be constructed in the area. If the sanitary sewer takes longer than two years to construct, the Applicant proposes to construct an OWTS. The Applicant provides no soils information for the proposed OWTS. Additionally the location that is proposed is a steep hillside where construction may not be feasible. The Applicant shorrld nrovide a firll test of the water quality for the well. No drainage calculations or report was provided provide this for sizing ofdrainage appurtenances. Feel free to call if you have any questions or comments. June I 0,2016 Mr. David Pesnichak Garlreld County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of the Eastbank Car Care Facility and GAPA-05- t6-8 454 & GAPA-05-I 6-8453 Dear David: 5. Primarv Drinking Water Standards of the concerning the site. The Applicant should Sincerely, in Cross Engi Chris Hale, PE 826'/z Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com EXHIBIT David Pesnichak From: Sent: To: Subject: Ron Biggers < ron.biggers@cogs.us> Tuesday, June 14, 2016 3:41 pM David Pesnichak RE: Referral - Eastbank LLC - Vehicle Repair and Veterinary clinic Dave, comments on Permit File numbers GApA-05-16-g453 and GApA-05-16-g454 Fire Flow Water Supply: Before improvements are made to the existing building on the site and the proposed large animal hospitalis constructedthe following shall happen: The site water system shall be upgraded to provide adequate fire flow water and pressure to support firefightingoperations' Theapplicantshall meetwiththeGlenwoodSpringsFireDepartmentstafftodeterminethenumberoffire hydrants to be installed on the site and there placement. Note: The application materials show fire hydrants are to be installed however the locations may need to be changed.Also the water main to the hydrants is to come from the Roaring Fork water and sanitation District, it is part of thewater system going to the to-be built RE-1, K-8 school, to the north of this site. Thus the RE-1 school District utilitiesengineer shall also be involved in this water system discussion. The present south entrance to the site from cR154 is to remain as an emergency entrance. lf required it can be gated torestrict usage. I nterior Buildings Fire Protection requirements: The existing and new building shall be built/remodeled to the fire protection requirements stated in the tnternationalBuilding and Fire codes that are being enforce in Garfield county at the time of the remodel and construction. Ron Biggers Deputy Fire Marshal Glenwood Springs Fire Department Fire Sprinklers Save Lives!!! 970-384-6433 Disclaimer: This email message and all attachments are for the sole use of the intended recipient(s) and maycontain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution isprohibited' lf you are not the intended recipient, please contact the sender by reply e-mail and destroy allcopies of the original message. Content cannot be guaranteed to be secure br error-free as information couldbe intercepted, corrupted, lost, destroyed, arrive lat6 or incomplete, or contain viruses. The sender thereforedoes not accept liability for any errors or omissions in the contents of this message, which arise as a result ofe-mail transmission. lf verification is required, please request a hard-copy version. David Pesnichak From: Sent: To: Subject: Follow Up Flag: Flag Status: Kuster - CDpHE, Kent <kent.kuster@state.co.us> Tuesday, May 31, 20L6 6:17 AM David Pesnichak GAPA-05-16-8453 and 54 Flag for follow up Flagged Hi David, I received additional comments from the WQCD after I sent out the comments from cDpHE last Friday, so Icombined the comments into one document for your pranning file.Kent May 31 ,2016 David Pesnichak, Senior ptanner Garfietd County Community Devetopment Department 108 8th Street, Suite 401 Glenwood Springs, CO g160l Re: Fite No. GApA-05-16-8453 and GApA_05_16-8454 Dear Mr. Pesnichak, #rt""j:?i?iilr:;y;;t;r Pubtic Heatth and Environment has the rouowing comments ror GApA-05-16. For the vet ctinic GAPA-o5-16-8453: tn cotorado, [and devetopment construction activities (earth moving)that are greater than 25 acres or ror" than six'monltii, arration require an Air pottutant EmissionsNotice (APEN) from the Division ana may ue requireJio oltuin an air permit depending on estimated 5*'lil?,?i;n i?:;l:l' a start-up notice must be submitted thirty Jivip'i"ito beginning a rand E'(HIBIT J H Ptease refer to the website https://www.cotorado.qov/pacific/cdphe/air-permits for information on land use APENs and permits forms. Ctick on Construction Permit and APEN forms, and then ctick on the "speciatty APENs" to access the land devetopment specific APEN form. For the Vehicte Repair GAPA-03-1 6-8454: Autobody shops in Colorado are subject to a variety of air, waste, and water regutations and may be required to fite an Air Pottution Emission Notice or obtain a permit depending on emissions. Ptease refer to the Smatt Business Assistance guidance document (https://www.cotorado.eov/pacific/sites/default/fites/AP A-Guide-to-Environmentat-Requtations-for- Automotive-Repair-Facitities-0.pdf) for additional information. Autobody shops are atso required to dispose of any hazardous waste properly. Comments from the Water Quatity Control Division are as fottows. The poputation water usage appears to be partiatty defined for the site (auto repair shop and veterinary center). Based on the information provided, the division does not have enough information to determine whether the facitities witt meet the definition of a pubtic water system or generate 2,000 gattons per day or greater of wastewater. The facitity may or may not need to satisfy the requirements of the Cotorado Primary Drinking Water Regutations or the Cotorado Water Quatity Control Act. "PUBLIC WATER SYSTEM" or "PWS" means a system for the provision to the pubtic of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularty serves an average of at least 25 individuats daity at least 60 days per year. A pubtic water system is either a community water system or a non-community water system. Such term does not include any special irrigation district. Such term includes: (a) Any cottection, treatment, storage, and distribution facitities under control of the supptier of such system and used primarity in conneCtion with such system. (b) Any cottection or pretreatment storage facitities not under such contro[, which are used primarity in connection with such system. (5) "Domestic wastewater treatment works" means a system or facitity for treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facitity has a designed capacity to receive more than two thousand galtons of domestic wastewater per day. The term "domestic wastewater treatment works" also inctudes appurtenances to such system or facitity, such as outfatt sewers and pumping stations, and to equipment retated to such appurtenances. The term "domestic wastewater treatment woiks" does not inctude industriat wastewater treatment ptants or complexes whose primary function is the treatment of industrial 2 wastes, notwithstanding the fact that human wastes generated incidentatty to the industrial processes are treated therein. The domestic wastewater treatment works definition inctudes vautts. lf the system meets either of these definitions, the system must address additional requirements through the division. ln addition, we do suggest that the appticant compty with att state and federat environmental rules andregulations. This may require the appticant or its contractor to obtain a permit for certain regulatedactivities before you can emit or discharge a potlutant into the air or *ui"r, dispose of hazarjous waste orengage in certain regutated activities. Ptease contact Kent Kuster at 303-692-3662 with any questions. Sincerety, Kent Kuster EnvironmentaI Speciatist Colorado Department of pubtic Health and Environment Kent Kuster Environmental Protection Specialist Colorado Department of public Health and Environment 4300 Cherry Creek Drive South Denver, CO80246-1530 303-692-3 662 | kent.kuster@state.co.us June 25,2013 Balcomb and Creen p.C. c/o Chad J. Lee and Thomas J. Hartert P.O. Drawer ?90 Clenwood Springs, CO 91602 DELIVERED VtA EMAIL and USpS RE: lnter'Mountain operations on Eastbank LLC Properry (parcel # 2lg5-353-04-001) Dear Mr. Lee and Mr. Hartert: county staffhas reviewed the documentation provided in your April I l,zul3letrer addressing currentand historical uses on the Eastbank ir-c prop.rty.-;.;"on rtrat conespondence as we, as the firedocuments for the special use permit isuio ti loe lurruion, located i" il; a;;;uniry DevelopmentDepartment' the county believes *," "*irtirg rrt;r-M;;;;in operation, u, a"Rn.o below, is a legalnonconforming use on the Eastbank LLc. proierty. Th;;;ments that support this derermination areRcsolution 97-92, and corresponauno-d,t,J"+. lil;# ;irecror Mark'-Bean and Joe Jammaron(Exhibits A-E)' The intent of t'tris lettei is rhreefoil: liffi ri-emorialize the history of rhe uses on thisproperty; (2) to point out how changes to the uninei t-ana use n"sotuuon oi zoog, as amended("ULUR*) affect what is considered ;;. a legal "o;;;f";ing use; and (3) to clearry identis rhoseuses rhar wilr be ailowed ro continue as regar ,ffi;rf#irg ,;;r. Late 1960s-lg70s. According to documents in the above referenced fite, in the late lg60 and early tg70s this site was orvnedby Joe and Geraldine Jammaron' rr,e site conlained a mineral (graveuconcrete) extraction operationwhich included a concrete.batctr plunt-witt, nrn,urou, **"riri-"rs,_cem€nt.transports, graver hauringequipment' concrete pumping uniL and support vehicles on the'property. During this same time period,the property also had on-sitJ facilities that rvere used for vehicle and equipment repairs retated to themineral extraction operation' Th; ;;;e 1f a *pui. rnof ano vehicre srorage was documented inllffiL"il1"#:-iilffi::[f;f;XXy Planning Department,-t"t-f rur*uron and K. h. weatherry, manager Ifff,ifi[:',1.',Uff1,:,ilffiTJ,Hff[::Jil:,k3;?fffl,rvere in existence prior to trre counry 1994-1997, In letters from Ptanning Direclor Mark Bean,.the county acknowledged cefiain legal nonconforming useson this property as being "an equal or i.*rr degree "ir;;;;;;ity thar rhe preiious use.,, [n addirion,condition #5 in ResolutTongT'9}lexrriuit e1 ilsued f"ridA;ilcror yard on rhis parcer, refers ro thosenonconforming uses agreed. lo uy the county, rrrnn-infoeiartm"nt and the properry owner, JoeJammaron' ln 1997' a Special use permiirvas issued toioe Jna ceratoine Rae i,n*uron and MarkGould to allow storage-of construction-'relared r;hirL-;; f portion of the subject properry. Tlre Gurfield Coun Page 1 of3 remainiog poilion of the propc(y was recognized as legally nonconforming. The entire property waszoned A./1, AgriculturaUlndustriat at that time. August 5,2005. As described in a letter dated Augrrst 5, 2005, from the Balcomb and Green law firm (Exhibit F) thcrewas a meeting between rcpresentatives of the firm and the county's planning o.fr.t*rnt that resulted in amutual agreement that Roclqy Mountain Disposal's- opr*tlonr, tirat we[ on-site at this time, weresubstantially similar to and less intense than hiitorical uies oittr" property which therefore classified theRoclry Mountsin Disposal (RIvlD) operation as a tegal nonconforming use. As part of this document, alimit was placed on lhe operation-to permit no more than thirty (30) commercial vehicles and lhose usesattendant to the opcrationi of RMD. As described in an eprili i, zotr letter from chrd Lee of Balcomband Green, the operations under the cunent lease holdei,'tnt.oMorntain Wash (lMW) and Recycling,are substantially similar to those associated to the RMD'opentlon. ro i.rt -ir,u i.tto ,turca that 114Wcurrent operations are less intense than the previous tu.set oHrr because IMW has flewer loadedcontainers on'site and no longer allows public aiop orforru.y"irul. materiats. nre county supporrs thisfinding. October t3,2008, Priot to.the county's adoption on october 13, 2008, the county's land use code allowed for non-conforming uses to be changed so long as the "r,-g" in u* *rr "an equal or lesser degree of non-conformity" than the previoui use. upon the adoption of the ULUR in 2008,.hoy^r-ryr,t!" requirements for legal nonconforming useschanged' sections 10'102 and 10-103 of ihe 200E uLUR-Jt t, tt"t ",on-iorro*ing use mry becontinued and normal or routine maintenance of the structure containing a nonconforming use shall beffryiTd^-* long as the use is not enlarged, expanded, **rcnJuo or altered as defined in Articte l0(Exhibitc). Present. Given the historical use of the Eastbank LLC pJoperty, (f.k.a. Jammaron properlr or a.k.a. westernMobile site), the county's.previous recognition or ti,r uil* o"-rite as legal non-conforming and the usebeing substantially similar but less intensi in use than tlof e{i";io 20051Garfield courty recognizes an3'9 acres site (as shown in the Exhibit H) to contain th. {bilillrg tegat non-.onforming uses: r Overnight storage of covered waste containers staged for trensport to tocal landfills the next day.o "Transloading" recyclabte materials (transfer of ricyclable cornmodities) from one container to alarger containerand *p"q for shipment to a recycting/processins facirity.t StoragP of no more than thirty (30) commer.irt -rut i.t"s associated with Inter-Mountain,soperations. ' outside storage of containers and equipment associated with Inter-Mountain,s operations islimited to 100 commercial dumpsters, ioll otr, ro;;;;r or recycte container units and 100residential trash or recycle containers.r There will be n0 waste (puhescible rnaterials) stored or transloaded at this site.r There will be no pubtic sccess for disposat of reoyclable commodities and trash or processing ofrecyclable materials.o storage of recreational vehictes (including boats, ftavel trailers) or temporary shuctures used asliving quarters Ere not permitted.r Any uses or storage of items not risted wiil not be permiued. - Page 2 of 3 Cale D. CfrmonFy Code Enforcernent Ofl Current and future uses shall be contained rvitlrin the area designated on tlre site nrap as shorvn in ExhibitH. Any change in use rvill be subject to the land use code in'effect at the rime oi the change and may require a Land Use Change Permit. Pursuanl to Section l0-106.4.1 of the Unified Land Use Resolution of 2008, as amended, any legal nonconfonning use that is discontinued for a period of six (6) months or more as a resutt of causejrvit[in the control olthe property owner or their agent shall be interpreted as abandonment of the use and rvilt immediatsly terminate the right to continue these nonconfonning uses. Expansion, enlargement or change in uses rvill also terminate the right to continue the nonconfo-rming uses. Failure by the County to provide notification of a determination of abandonment or termination shat! in n-o w.ay entitle the propefy olner to continue or resume a nonconforming use detsrmined to be abandoned or terminated under provisions of the adopted land use code. Fred Jarman, Community Development Director (email) Andy Schrvaller, Building Official (email) Carey Gagnon, Assistant County Attorney (email) Robert Macgregor, Dunrene Group file:T;\Code Enforcement\complainrs-sire visirs\2013\Eastbank LLc3927 cR t54\6-25-13 finalltr RE Eastbank non-conforming status.docx Exhibits: A.) Resolution9T-92 B.) November 2, lgg4letter from Mark Bean to Joe Jammaron C.) November 21, lgg4lefter from Joe Jammaron to Mark Bean D.) November 15, l9g4 le$er from K. R. weatherly to Joe Jammaron E.) December l, 1994 letter from Mark Bean to Joe Jammaron F.) August 5, 2005 Letter from Balcomb and Green to Mark Bean G.) Article l0 of 2008 Unified Land use Resolution of 200g as amended H.) Site Map Page 3 of 3 *r"dilmaffi#fffrffifrffiffi66 Mq,&s .rh mr of_&otr.--i,o.lg-qi_,6il;;;, HIryJHIIU!II|!IffiIrUril[rI r? t I o.ot D..r r r-r 0rorA.O--i.ax Cooaddor CoutrtyAncary Ct!!*offtrBord ContyAddairnor 301 srArEotrooIoR.tDO Csatyof&ildd )F ) wtcatho foltolig procoodligt rnmgorlrr rcr hrd rnd dmc. to-ulr: nEsoLUTtONNO ,l-e2 I IESOU,TION CONCEXNED W}II{ IHE APDBOVAL OF A SPECTAL USB PENUIT !()R'OB& (En {r.DrNE RABr rrtMARoN A}DMAni d6rib .. x[{E[8As, th. Boud of cqryrru &nori,lorn of G,0dd courty, cotosdo, b., Eod,,Gdqdhrdor tooJor d ocreorro rlrirumo raa uu[d;,td a"A; th'iLiffi or*nrraiondrtrd vclido on rlr Hlmdrg dasibcd rna *ma, - SocAnrohod: EdribirA ([t tlo thtc ofcotondo rnd rho Corurtyofcutddl rad . . wHBnBAs. ttc Eoud hctdtnluo !.,t$ o rbc &d dry of tunc, t99?. ,pm rhc arcrdoo oftrhhatb &opds$cd spoo uircltr ti,ri L gna.lk ac*d. i "#c[ [lirj6. tr b[; ffir[?!ffi;t'st.- to opP"t ,,brioii-,C rta' opirlro Adl"s tl. l,.,rac &ru - tl'lrilE{l3, rhc Bod on tho brir of rsordrl coo.pltst cdd@ produood rr thcrftrcoadond hutag hu ordo tto ftltorrtrg dacdnutha oftft I' B, popcr piUkrtioa rodgrtlio rcdco rnr providcd u roqdmd by hr for rlc hp1ringb6ru thc Bord of Coruty ioonrbtcncrr .rl Itfl1ll,U$t'g,rHlflW$l$il]ril 2' ThE db hIlig-bGftr! rh Borrd ofcqurrycordrioocn unr odrnirr urd cooglcrG, rhrtrlp0]dlril&d+nrncnrd hoa,*aorlrt trr uil;I, ffi; il"icr wcc hcrrdrrduhaniry l. ffiy*on ir ia coorpuraro $rh rru &r!dd coulty zo,bt R.,otrio, of !9Is, 4, &rttorloft rr6d ndortr rprscu, fhrprcngrcd gr b ia rb bcl lUorcl ofllo hortf[nf*v. udr mnuicrc,.ortrr,roincai .fo *ut* *ir,.lGiio.rt"rekry.. xoq nunsrong BB IT REsoLvED by ,'c Boud of courty couudrdoacrr of .",,ddoory, colond+ utl rt soilr uto il;-tit;-trnby il lrtborirrd pcnrdtriug rhc ur ofito rboum1,t* or hrd b; rhc aor.sr?- *;;ffi-'"l.rJ;*ld6;G;t-ioir*t,g rpo.rr l' rtrt dl progorrb of tbc qplcur rhfi bo coaddcrod oordido, of rppronr ,nroo nmdoficmbotr rluDord ofCqfry Comrirdil, - ftrr-thc epplion !" rolyf ro ry$tq oa i pmpodionuo hp..r b.rb in rtEr'pro,ril.nr of rho sota Ilgbwrv t2rcR r fl id-;t"', ilit* bilrr, .lrbnG;y1,n*qprrp. tutr :rc r; *."1, h.r; ; ril;;ilr;,.d ;;;6 tiilr;;d;to r mrcoaftraing ura H.1[::I*lq*rLt8^ tflkmy lil fiom tbo do wil ooly urc rrro CR I51/Hwl. s2 Fffiiffi11?"i,ffduc to ttc lagh of rh vdctc* Tht rrry of,ao dsucnuEr Gr th trg4 u.ifurn Euf,d!ry codo rrqu,rrcarcarr for the typcofocorpracy pmporod. Tht thr cora'crsht Prrt spccitr uro Ecnrft ir rpprorcd onry for 6o ro.rc of hrrwqgrar ud mocorft rairy -ru rgrwd ro io t nii" r* l#r"iJ'J.rE x]il'r#iIvv{ t!6 frcocrlDcr L tnlae-Ir ft &rfold csnty pluahg Lg.ruro. .t"inrodldouro dc Coarr.iffut cHgrrioo, Ei[.rq6Ur, ,"AEUda orilo sJli. ffJg}** rte rpptficrbta F*.r l; ilA;,h dr. "f'#ilffi ll#,1{!g$ruHIiw[ry,n DilcdahL ?rh dryof gcrouan .. AD, lgJI_. OARfIEI,D COT'NTY BOAR[I OFooMMtSsroiERS, OARFTEi^o co-uN#,COLOMDO Etf,ltlt rtr ;l${ff****$*ffi isfiirii.lili.i#i{*,i;lli:,I;ii;*:;r*}i,,rr: :rr,ftii.i*Lli[ir# iiffi..,l";i.,,:;ii,t*.*,* imi'ii,i,ti*'iht$jl*,ilT!'iidfliiir:ii j,,.,.., $Hff*trffi* ".,::. ::,::r;, H;.Ii&ffi 'll*t*j;{.,1a.*,1 3;;;fi;;,l,'i{:'l#i;*. ifr;.,.di;;i;13:: jiT:,li#.l.l,l,iiii;.;l; t&ormodord'rtyrudcud tffidcd thcforcgoiqSR.,oturionwurdoptcd by ro" fdrowing vorccouHtsSloltER cfirr8ilril ffAiur l. sirrtl ir GANFE,,.O COUNTV BUAOfiA AND PtAntfifiO Mark L. Bcan, Dirutor Buildlng rnd Ptannlng MLUsr Novcmber 2,1994 Joc Jamrnaron P.O. Box l6it Gtcnwood bprings. OO 91602 Dcar Mr. tammarcn: Aller rcvicwing your octohr 28, lgll4lcttcr with thc counry Aflornsh wc both agroc ftat th'propotod'lruck rcpairand maintenarrc'facility with ofliccscould bcsonaidered a usc thattrcrhibits tn cqul o1$ser dcgrceof nonconformily" lhan fic prcuioug nonconforming usaour determinrtion lE bascd on somc limitations y.,ir irG 1tnter nods ro considcr bcforercnting tho prqrerly. wesbrn Mobihb busincss ollitxs and repair faciliry had.a limitcd amount of outsidc storagcof vclriclcs' At r qnir fbcility, rrye ssrunp that rherc wilt bc a ned lo ston whiclcs that thccompanyirrtpriring.'Bescdonmymemory,lherertidnotarerappirtobcmorcthen rcn(t0)trucks parlced ouulilc of the faciliry. unless somconecan dornonrrraro fiat grc," wcremorcthrn then(10)vehic]1$grodonrhtproprty, rhrt numbcrwill bcuscdacamadmumfortheproposal nsw uss' Additionalln your rrcw ctient will nocd ro bo sure rrrar atr lighting ig dirccrcdinto the proprty antt lhat rcunds do nol cmrnate beyond thc propcrty boundery. Aa you areswarct lh3 wcslbank homeownerc hsd somc probhnrs wirh thc wotqn Mobile opcradon,until thcy strrtcd opcrating undcr simitar parumclcrr. lf your nery clicnt cln opente within thcse puramctcn$, wc fel that they wouid bc within theproYisions lor achangc in a nonconforminguso. lfyou harcany quesrionr, please fccl tiGE !ocrll orwrilo ro this oflics. \ ,@tt t sreEET, SUrE tot . cl'H,rr3tla?5i*ttttzflrite?,orcmfiooD sPtf,uruaq, your bc rr L 'o.l.r*O--8t6{FE ttartr Bcun Plt' Errfletrt colot gth.gt. Olanroett lprtngrr Detr l.tr. Bctnr "Tiiffi;:ii,r. ?Li ": fi : _:"i,xil . 1,, gz+ hH:i:r,:itj :iri, r:;irrir ji il' Irr: :;r Joc trnmaron PO Eor t63t h. - rrGttrruood Eprrngr; EOgr t|ovrruDarr lgf4 Brl ldt ng & pterrnl,r.rg co 8t6'o1 I fat t thrt134 frord to llobttG,r Vlcerrktrn for Ac You ctn reEl bv hlc. r-r--.--^rrro'iioit ;tril #;.[.'T;lir, .,.orr rnsrorrd]r rhcy rr qorr I tlo not fcet clit .rny nGe, burr nrer i'urd ne€d thlr molrnt;f..fillirr rkr to -r"ii.ii-.iexr;un i?-iirlt y rco, vrhlcrcr rhanr" you for your conrrdcrrtron o, thrr martt'r. Elncorrlyl . tor2trr - XWT KAWjb Novernber lS, lgg4 JocJammaron p.o. noi rolt Glenwood Springs, CO. gt602 Dcar lvtr. lammaron; ln reponsc to your rcqrrut for informelion on the nurnlqr of trucks arrd orhcr cguipmcnt' th{ rryc"store it a. 7e27. caunry Road I i4, I h"p" iliidfi ffi ;#;;; il ;;', r hetp. During the 1970s and 198fu we hrd r rcbl of i0 mirter trucks, lg cement rranspofis, Egravel hauling unirs, 6 conercre pumping unic and ,,-;;;uppon vehicreg. Norm6ty duringlha wintcr monlbs most of these vchilid wcrc prrca ar urirloration. During rhc summcrmonths thev would bc in and our irnd ,or1d o'orir.*rr[ni bcarions,. ;il;d. During rhc1990r wp have rsducod our flea by approximuay eo pe6il lfyou nced arry more infomafion pteasc do not hesihre io cell. Reryectfully, lrui,*.Lt <0 K.R. Wcatherly \-. Ama Manegct lfitsnm ilaililc E ut Equrl Waniry Enotoytr EXHIBIT D GARF//ELA CAUfifY BIfrU'ING ANO PIJ,INNNG Dcembcr l, l$t0 Joo Jammarpn FO Bor l63f Glcnwoorl Spdler, CO Ut602 DearMr. Jammuron: Based on !,our ll2JDilbttcr and fic attachcd tctrer florn K.R. weathodn woatornMobilc' I tnncun lhat r muimum of ftirty (30) vchiqh* srorcd outrirtc oithc main buitding is a rcatonable lirnit for a nonmnforming uEe on your propcrty. This does not pr€vent somcone from requcsting a rcaonin8 or lrnrtusc lrrmit, rhrt may allow for an incrcaso in lhis mldmum. tf you have any furthcr qugl[ous about lhis issue, lid fre,o oil or write ro thb ofiics. Sinerely, / Tnai/4fii+* Murk L. Brxn, Direclor Building md Planning Deparlrncnt MLB/rnb IOO II}I STREET. SIJIIE 3OS . e..3{2!2fi2&i$fltnE0-?e?2 OLEN$IOOD 3PRINO8, Eorrrrao l.lULHru .ra- scor" Ba.c9}.t lrwBCr,€t R, OiaEa IhO?HY A THULSoI. O^rno C, llruroio C.tnErt,tHrn L, Corla Tl€x^r J, Harltrr CxElrofi{r L. Oa(*i ArrxG Mrftt ).lcplrGagAir l{. EXJi t OrJlE! C. WE rxooL: Ba.r,ooun & Gnuuu, p.O. ATTORNBYS AT I,AIT' P.O. DRAIYEE ?OO EI8 COI,ONAI'O /IVENUE ClrrENlyooD spRrNOS, cor,oRaDo a l6oa TELEPHONET g ?O.046.684 OFAOStittLE: g?o.94!.BeOa www-bakombgr€€n.lom August 5, 2005 Or CouxsELl NEitaerx E&cgH! iJoxx A. THULlor{ SrEct^t CouNlgL: W^LTEF O, LowR? YU I{AND pELtwRy. Mark Bean Director of Community Development Garfield County 108 Eighth Sheet, Suite 20t Glenwood Springs, Colorado RE: Eastbank, LLClCozy point, Lp (alk/a JammaronPermit Issues, Meeting, Understandings and Mounrain DisposallRydei-Bu d get) Dear Mark: Parcel") - Special Use Confirmation (Rocky This letter shall desoibe and confinn, based on our discussions of last week, 0111resPective mufual understandings of the stafus and required actions with respect to theabove-referenced parcel Let me bt4l by expressing my client's appreciation of the planning Departmenfsgooperation with these.matters; in particular, the wiflingness of you, Steve Hackett andRon Van Meter to spend time to cooperate witir ttre property owner and resolve issues. Rocky Mountain Disposal ("RMD") has, since assuming the leasehold interest in thehistorically "commercia{' upper area adiicent to county noia rsE from the prior tenant,Hanson Equipment (i) had itre aps poitable toltets user removed from the site, and (ii)substantially improved the overall function and-appearance of the site. As we agreed atour recent meeting after a review of the site's backgrlund, file, correspond"i"" "r.,a Specialuse Permit, RMD's current use is sub-stantially i^ur to the historical non-conforming 1t": ,t.lLt property and, thereforg will not refuire additional processes. A maximum ofthirty (30) commercial vehicles and uses attendant to the opet'ations of RMD will bemaintained. EXHIBIT -t Bar,oour & Glnspue p.O. ATTORNEYS AT LATY Very hulyyoursf P.oI t However, the sub-let tenant |j-er, Ryder-Budget Rentals, has been determined toexceed the Parameters 9f the permissible usis, I haveLade-multiple inquiries of my client,prior tenants, RMD and otheis in an attempt to understand how and ;h;" Ryder-Budgetcame to operate at^rhi.s l.o:{.on. 4rr-qunuir, ganson rqripr"nt "gF"J. December 2002to such a sub-lel tur inidal "term"ldtholdt I;;;;f. tL ro*i" Ii, ,""*ate sub-teaseagreement) of six months was established,iittr. "...g0 day written notice to terminate...,.My clienthasno privityof contsactwi:h RydT+ii;;,triyclaim oir,rili"tturherently rs adaim through and under S.p"T.ty leasi whictr *1r rr*ion s and .,o*Ldoogs to RMD.Pt I{.D lease provides thaisubsequent zoning determinations are a basis for leaseholdtermination. I have attempted to contact Ry!.er-nulget with nodce to vacate the premises. ItaPPears I will need to serve such rioHc" phiri.il;-at the site to be certain we havecommenced appropriate eiechnent processei. i will ctmptete this rro r"tl, tnan next week,if that is acceptabll to yol. at a minimuur, I *flr a.r*d that Ryder-Budget cease its"leasingl' activiHes at thi site within q. iliq i*t ,; the event Ryder-Budget is unabteto entirely relocate its eguipment and materiats turir, ,r,., ,.*" uii" L*", I will keep }f,H."f* (or Mr' van-Mlter, if you prefer) .ppti*a as to exactly when the user has Please contact me with-any quesdons or concerns-regarding the foregoing. In theevent I have not clearly cor,rom"ci the status *a ,oa"rstandings discussed herein, Irequest that you infornr me at your earlie.t .o*ar,i.n... TJH:sklPc: Robcrt Macgrcgpr Mikc Maplc [::'-lm#ffi,,Bffi :xitg,3[ifJ#ilfr .., AnlclE X NotrtcoNFoRMtnc Lnruo Usr Teale or Cotrerlrs SECTTON 10.101 APPLICABILIW......| SEGT|ON 10-t02 coNTtNUATION OF NONcONFORtrfli,lc LAND uSE...............1A. Nonconlorming Structure ........................ iB. Nonconbrmlng Use. ...........1 SEGTION 1O.IO3 ENLARGEIUENT OR ALTERATION OF A NONCONFORMTNG LAND USE""""" ..........................r...........................1 4. Enlargemenl or Alteration of Nonconforming Land use prohibited. ............... 1B. Permissible Allerations of Nonconforming L-and Use............ .......2 sEcTloH 10.104 CHANGE OF A NOHCONF6RMTNG LAND USE.......................3 8ECTION 1O.IO5 DAMAGE OR DESTRUCTIOT.I OF NONCONFORilIING STRUCTURE OR STRUCTURE CONTAINING A NONCONFORMING USE....,.......3A. Structure DeEmed Destroyed... ..........,...9B. Struoture lntentionally Damaged or Destroyed................ ...........,9C. Permit Review Required. ...,..............,....3D. Restoration of Structure .......9sEcrloN 10-106 ABANDol,ttutENT oF A NoNcoHFoRMING I-AND usE........../+A, Determlnatlon of Abandonment. ....,.......4 SECTION 1O.IO7 I.IOTICE OF TERMINATION AND RIGHTTO BRING ENFORCEMEilT ACTTON...........,....A. Wrltlen Notlfication. .............4B. Right to Brlng EnforcementAction ..........0 GlnRrm coul{Ty UunEo Lailo Use Regolulox oF 2008, As AIIIENDED (Thls Page Left Blank lntentlonally) GARFTELD COUrry Urmeo Lllro Use REsoLUnoN oF 2oog, AS AMENDED 1o.il ARrrcuX NotrcoxroRmlruc Leno Use 10-101 Appucesury sEcTtoN 10.101 APPL|CABILIW. The regulatory provlslons of lhis ertirl" shallappty to allpermitted land use, includingdivisions of rand and srgns, that do nor Lnroiri i"ih, ;diilbre use regutarions ofthis code aE a resurt oJ either tre aooption J, ,rinarEii "r this code, or a linaladministralive or iudlcial decision piec-t'uo1ng the'a;;ty'ffi enforclng ttrts codespecific to a use on the basis of estdpprir, raihes, or *"i,i"r.'-- SECTION $-102 COJiITINUATION OF NOT,ICONFORMING IAND USE.A nonconfoqling land use may be conilnued, "fu;ffi;t or routine malntenanceshall be permitted, in complianci *itn ir,"-r"gulatory provlsions of this Arlicle. A Nonconforming Structure. unless othenrvisa.protr-iuited by the povlsions of thls Arlicle, a nonconformingstructure may continue to be oclupieOl B. Nonconformlng Use. unless othenltrise proh6fied by provislons of this Arlicle, a nonconformlng use mayba continued and normal or'tiutine maintenance oiirre'structure containing anonconbrming use shall be permitted. t'tormai oi .urii" mainlenance shallincluda any mainten*: g_r+ayw11crr ooes not irp"ilir.iurv enrarge or arterthe structure contalning a nonconformlng us_e, in compliance w1h the provisions ofsectlon 10-103, Enrargamdntorettei'tiin oii aiicitfo;;g Land use. SECTION 1O.IO3 ENLARGEMENT OR ALTERAT]ON OF A NONGONFORMINGLAND UsE. * . . Enlargemenr orArterafion of Nonconforming Land use prohrbited. The dght to continue a nonconformtngiand urs tCrlnNaies immeolately when thenonconforrning rand. use is enrarged, Expandsd, "-teilil; arterEd rn any of thefottowing ways, and..rhe properti *r*i dor" ;ri;;;;;rfiriry prrrr' any of theoptions speclfied in thesErelutalioni ri s*rion'i0-i6fi;1il orrermination andRlght to Bdng Enforcement Actian. 1. Enlargemant. or Arterution of Nonconforming sfrucrures. unressotheruise ailoured by_provisrons of secrion-ro:rffi(B) berow, rheallEration, .rfnair or entargement of a non.onro,,rng structure rn anywhich wourd.increase the-degree of nonconfor,tv"*ru, respect to thefloor area, setback or height ",iirl"tion, oiihil'ti;l 2. Addition ol New structure. The addifion of a new srructura containing, oraccessory lo, the nonconformlng land use. 3. Elarglment and Attention of conforming structun. unless othenriseaflowg.o bv-provisions of searon- io:;or,'ry-'itr "nhrgEmenr andanerailon oj a. co.nformrng structrr" .onGlni,rg, 'i, accassory to, anonconformlng land use, lniluding an increiii in-iroor area, an lncreasein height, or any other irteration or rmprovoment in excess of normar orroutine maintenance of the slructure iliat lncreaieo tie nonconformity ofthe use and whlch viotates the requirem;6iirEc;;. l0-,GENRCM COU}fiY UilFtED LAHD UsE RESOLUTION OF 2008, AS AIIIENDED AnTOEX Noxconronmtrue Lnruo Use 10-1 03 EuLaRe sueNr on ArrrmroN oF A NoNcoNFoRurNG [-AND USE 4. Enlalgament and Afteration of Land Area. Enlargement and -atteration intha land area occupied by the nonconforming la-nd use, unlsss the baslc nature of tha uso, al the timo it beoarne nonConformlng, clearty indicated orcontemplated such an increase or alleration 5. Enlaryamant and Alteration crcating a Hazad or Nulsanw. Any enlargement and/or alleralion of the nonconforming land use whlch haithe effeet or threalened efieot of crealing a hazard-or nulsance on or offqq propg-rty, or adversely affecting the character of the neighborhooJ, orof intensiffing the use of the land or its need for seruices. B. Permissible Alterations of Nonconformlng Land Use. The following shall not be considered prohibileE enhrgement or altenatlon of anonconforrning land use. 1. change in owngrs\ip. .A change ln ownership of the propsrty upon which the nonconforming land use ls located. 2. Altantion Rggyired for pubtic Health and safety. An atteration or expansion whlch the Chief Bullding Officialdetermhbs to be necessiry iopct!ff a hqzardous heanh or safeiy siluation,oiio iorplv wtrh th;-ilbi;health or safoty requirements of another govemmenti enny daving lawful jurisdictlon over the strudure. 3. Altention Required fir ADA. An alteration or expansion necessary to ggTPly with applicable accessibilily Codes End/oi Stratutes (Resohlon 2010-261. 4. Extension of Nonconforming lJse Wthtn ftre Slruclure. An extension oflhe nonoonforming usa within the structure contraining the use, prouiaJJ lhat such extension ls not accompanied by structuraialteration identified ln Section 10-103(AXg) 5. Additbn of solar Enargy Device. The additlon of a sotar energy devlce to E nonconformlng structure or a struclure conhinlng a nonconfirming use. 6. Routine Maintenance. Any replacement or upgrading of outmoded orworn equlpment or eupplies provlded such ai*ivity d-oes not create a hazard or nuisance as identilied in seclion 10-109(Ai(s), above. 7, sfructures Associafed wth Nonmnformtng Agricuttunluse. ownera oflegal bullding lots contalning agricultural risEs which have becomenonmnbrmlng as a result of adopilon or amendment of this code mayrestore, modify and malnlaln existing conbnnlng gtructures, and rnay construct naw conformlng structures, provtdod such structures are direcgy related to the agricultural use, and privided the nonconforming use is notenlarged or altered ln any otherway which violates thg code. GanHem Co{JilTy uuReo Lmlo use Regolunox or 200g, A8AIuENDED 10-2 AnncrX NoNcoNFoRl,ttNc Lnuo Usg 10-103 ENTJRGEMENT oR ALTERAT|oT or A Not,tcottronulne lato usr 8. Replacement of Mobile Homa A mobile home which is a nonconforming use, or which is authorized by these regulations, may be replaced by another mobile home on the same lot provided that the replacement mobile home conforms to the requirements ofthe Building Gode Resolution of the County, and to the performance requirements of this Resolution. A mobile home may be replaced by a permanent conventional singre famiry dwellin! provided it meets all other site requirements of this land use code. 9. Buitding on Nonconformlng Lot. A lot legally created prior to this land use code may be built upon, provlded any structure bulld is in conformlty with all of the other provisions of lhis code. SECTION IO.1(l4 CHANGE OFA NONCONFOR|iNNG LAND USE. A nonoonfonnlng land use shallonly be changad to a land use which ls conforming In the zoning district in which the use is located. Any change of a nonconformlng linduse to another use shall lmmediately terminate the right to continui the nonconforming land use, and therEafier the property shall only be used ln conformlty with the use provislons of its zoning district. SECTION 10.105 DAMAGE OR DESTRUCTION OF NONCOT,IFORMTNG $TRUCTURE OR STRUCTURE CONTAINING A HONCONFORiIING USE. A. Structure Deemed Destroyed. A nonconformlng slructur€ or siruc'lure contalning a nonconbrming use shatl be deamed destroyed when either greater than fifty JSOI percent of iti lloor area, or greater than fifly (50) percent of its actuat value (as detennined by the Garfield County Assessor) is destroyed. B, Structure lnlentionally Damaged or Dastroyed. The right to contlnue a nonconforming land use teiminates immediately when the slructure conlalnlng thal land use is damaged or deslroyed by an intentional act of lhe property or structure owner or their agent. C. Permit Review Raqulred. Rsstoration or reconstruction allowed by the provlslons of this Arlicle shafl be subject to the p,ertnl! requiremenls of this Code and the appropriate permil revlew process ag set forth ln Article lY, Appllcation and Review Procedures bf this Code. D. Restoration of Struciure. Wran a nonconformlng. structure or slructure contalning a nonconformlng use is damaged or destroyed by causes outslde thE control oittre owner or theii agent, the struclura may ba restorEd and thE nonconforming use may be rEestablishe?. 1. Restoration of the structure must be commenced withln six (6) months aflEr lhe date on which the structure was darnagad or desir6yed and completed within one year afler the date on which the mstorailon was commenced. Upon approval by tha Board of County Commissloners at a GARREUO COUI{TY UNIFIEO LAHD USE RESOI.UTION OF 2008, A3 AiiENDED l0-3 ARrrcle X Nor.rconroRurruo Lnuo Use 10-105 Dnunoe on DesrnucnoN or NoucoNroRMrNG STRUoTURE oR StnucnrRe coNTATNTNG A Nor.tcouronurNc UsE publlc hearing, these times may be extended for a reasonable period upon a showing of extraordinary circumstances by the proparty owner or the owne/s agent. 2. A nonconforming structure which has been destroyed may be restored to its original locallon, floor area, and height provlded that euch restoratlon complles with the current provlsions of the Buildlng Coda. 3. Reconstruclion or restoration of a structure located an tha Floodplaln Ovorlay District shall comply with applicable.design and construclion requirements for land use ln a Floodplaln Overlay District, set forth in Sectlon 3*401 of Article lll, Zoning. SECTIO}I 10.106 ABANDONiTENTOF A NONCONFORMING LAND USE. The r'lght lo continue a nonoonfurrning land use shall terminale if the land uae is determinad to be abandoned. A. Determination of Abandonment. 1. A nonconforming land uee shall be determined abandoned if the use ls discontlnued for an uninterrupled period of slx (6) months or more, as a result of causes withln the contrcl of the propar$ ownar or their agenl, unless the use is governed by $ection 10-105 (DXl). 2. A nonconfonnlng land use may be determlned abandoned if the use is discontinued for an uninterrupted perlod of less than six (6) months if the proparty oi rn6r expressly states an intent to abandon tha land usa, or engeges in acllon which unambiguously oxpresses an lntentto abandon. SECTION 1O.IO7 NOTICE OF TERMINATION AND RIGHT TO BRING ENFORGEII'IENTACTION A. Written NotificEtion. ln the event that the Dlrector receives information that ihe right to contlnue a nonconformlng land use has been or may have been termlnated, tha Director shall provide a writlen notlfication of this determlnatlon by certified mEil. raturn receipt requesled, to the properly owner, and to the parcel address, all as shown on the records of the County Assessor. The property or,vner shall have lhirty (30) calendar days after the date of the notilicatlon within which to provlde avidence satisfactory to the Director to show thal the determination is in srror, to abate the lllegal enlargement or alteration, or to lile an eppeal of the Dlrecto/s determlnation to the Board of County Gommlssloners. ln any appeal, the property owner shall have the burden to ehow lhat lhe right to contlnue the nonconbrming use was not termlnated according to the applicable provlsions of this Article, when Judged in light of the hlstory and nature of the use and the circumstances of the alleged termlnation. GARFETD COUNTY Unrleo LANO UsE RESOLUTIOH OF 2008, A8 AMEilDED 104 ARTICTEX n-ntNonce or reRurun or ano RrcHr #3l,i3Hr?3$Ifi.ff y,:5 9. .. . lishtto Bring EnforcementAction. Norhins in rhese regluhuons irrdii iiilii'or. diminrsh the county,s righr to rakeenforcement actron aiarnsiili";;l;wfuLntinuarion oraiolJJnrorming rand use. 1' Enforeement shall be pursuant lo the provisions of Artic leXll, Enforcement, 2' Except in the case of an lllegal entargement or alteration for whlch the owner ll!{;j:i,plitGltrrrJlil,i?i,fl;Hilir.:::l:::'##ti,,t#Tiway entitle the propefty oryner to continue oiirrrr. ,'nonconforming useta rminated u nder pioui jlons of f fi aselegutation s. GanReuo couNTy UMFTED Lluo use REsoLU.noN oF z0oB,AE *GJ 10.s (Thls Page Left Blank tntentionally) GIRTrcIO COUNTY UrrIrrO LAilO USC RESOLUTION OF 2008, AS AMEHDED t0-6 H . &*l .{$.$.' fr*& s, tn tu r &:1 6 'tl 19 o ll rto CL ID mJ o no 3o3 oo 3 E. or.) (,l b. lDsg. v, Nop(, mo,ta cro, r r{^) lr,(D,\, o7 r,& aJ1;T(D 3o,5 o zo =Ialo =aI ='m Cl^mt^ I 5l'(DEl H$9r tol OCL E9p6 B ,!na i, , .t(\ \r., rf:! A.'is .., i" 4t' dfw u.rS, ) I q:reog fil I dosele3 fl .'e.1 ' t'r$' exHtam November 20,2013 Community Development 108 8th Strect. Suite 401, Glcnuood Springs, CO 8160l Ofliccr 970-9.15.8!12 For: 970'384.34?0 Steven M. Beattie Beattie, Chadwick & Houpt, LLP Attomeys and Counselors at Law 932 Cooper Avenue Glenwood Springs, CO 81601 DELMRED VIA EMAIL and USPS RE: Gould/Jammlron Commercial Prrk - Spccial Usc Permit Resolution 97-92 Prrcel # 2185-353-04-001 Dear Mr. Bealtie: I would like to thank both you and Mr. Mark Gould for finding time in your schedutes ro accommodate a meeting with County staffon October 31,2013, and discuss the opcrations at 4067 County Road t54, also referred to as the Eastbnnk LLC property. The purpoie of our meeting lvas to determine if the current activities in fire area leased by Could Construction and designated by the Special Use Permit (SUP), issued in 1997 to Joe Jammaron (property owner at lhat time) and Mark Gould, were consistent with the conditions of Resolution iZ-iZ. fne meeting highlighted that it is important to clariff that there are two types of uses presently occurring on the prcperty: (l) those which were approved by Resolution; and (2) those which are "legal non-conforming uses" not conducted pursuant to apermit. Resolution No.97-92 approved a special use Permit "onlv for tbe stpmEe of and noncqnformins uses eqreed to,in letten to Joe Jammaron dated November 2,1994, and December l, 1994, from the Oarfield County Planning Deparbnenl. Any modification to the Commercial Park designation will require the rnodification of the Special Use Permit though the applicable prccess in existence at the time of any proposed modification." .See Resolutionit t 5 (emphasis added). The November 2, 1994 letter focuses sotety on the 'truck repair and maintenancs facility,' and the allowance for outside storage of vehicla which the company is rcpairing. The Decemhr l, 1994 letter states that "a maximum of thiry (30) vehicleJ stord outside of the main building is a reasonablc limit." Neither these leners, nor the conditions in Resolution No. 97-92 addresses the storage and processing of materials which have been the subject of our conversations. Even if the intent was to include in the SUP an expansion of pre- existing, non-conforming materials storage or proeessing, the plain language of the Resolution daes not address thess uses and cannot be read to include uses not specitically enumerated. Therefore, the SUP only pennits storage of heavy equipment on the southim 2.M asesof Parcel 2A (Plat record #813402) and a truck repair, maintenance facility with outside storage of a maximum of 30 vehicles on approximately 3.9 acres on the remainder of Parcel 2A. Please refer to the attached map. Garfield County This means that other lud uses presently occurring on the property must fall into the second category of "legal non conforming uses" in order to be allowed to continue without violating thc Land Use and Development Code. The information and historicat backgmund that you Loth provided at that meeting wa.s v€ry useful in forming our opinion about Mr. Gould's cunent use on the Eastbar* LLC property. Staff has concluded that the cunent storage and processing of malerials are a continustion of past legal non-conforming mineral extraction uses. It is important to document ths existing uses on the site because the provisiou of the currenlly adopted L,and Use and Development Code (LLJDC) now disallow the enlargemen! expansion, extension, or altention of a pre-existing non-conforming land usc. The intent of this letter is tlueefold: (l) to memorialize lhe history of the uses on rhis property; (2) to explain how revisions !o land use regulations over tirne have changed how a legal nonconforming use may continue; and (3) to clearly idcntify those uses that will be allowed to continue as legal nonconforming uses on lhe Gould Construction sile. History of Uses ou the Erstbank LLC Property During our meting Mr. Gould referred to the "proposed usC'and history of the site as oullined in the Land Use Change application submitted for the SLJP in 199?. As stated in the application, the proposcd use was ....'to extend a pre+xisting non-conforming use". Under the section labeled lnduslrial Operations, there were various references to other indusrial uses on adacent properties and to & company called Grand River, Paragraph B of Industrial Operatiow states "... that adjaccnt land will be no more affected by ttre above (i.e. impact from vapor, dus! 9mofe, e1c) than by the former tenanls, which used the land in the same manner as-proposed hercin." Based on references within the application it seems the former tenant was Granh Rivcr. Mr. Gould explained that Grand Riverwas a road construction company lhat processed materials and used an asphalt batch plant in its operations. It was Mr. Gould's contention that his operations cunently are and have always been very similar to those of 6rand River without the batch plant, therefore a continuation ofa previous non-conforming uses and wittr less impact. Cbanges to Nonconformlng Uses frou 1978 to Present Undcr Section 7.07 of the 1978 Zoning Rcsolution, changing from one nonconforming use to another was permitted so long as the new use wa.s'n...considered to exhibit an equal or lesser degree of nonconformity than the existing use..." If the nonconforming use was discontinued for 6 months, firture uses must be in conformity with the zoning resolutioo. The Unilied [and Use Resolution of 2008, as amended (ULIJR), did not trcat changes to a nonconformity the same. Under Section l0-103.A of the ULUL any change including enlargement, expansion, extension or alteration, of a nonconforming use to urother would irnmediately terminate any right to contiuue a nonconforming rse. If a nonconforming use or shucture was abandoned or discontinued for 6 months all rights to continue the non.conforming use would be void. The most recent revisions to nonconfonning uses are addressed in Article 10, Section 103.A. of the Land Use Development Code (LLTDC) adopted on July 15, 2013. Under this code, a nonconfolming use terrninates if the landowner expressly states in writing to the Comrnunity Development Director, if it is abandoned or discontinued for 2 years or ifthe use is enlarged, expanded, extended or altered. These revisions to Garfield County's land use regulations are significant to Gould Construction operatioffi on the fy_tbryrk LLC property. Whcn Oould Consruction received a Special UsePermit.(SUD in 1997, the company wai operating under the l9T8 Zoning Resolution whichallowed a change in nonconformin! uses so long -as it exhibited * .quriirli.r.r aegree oinonconformity than previous uses. There is no ricord whether the nonconforming uscJat the Gould site had ever bcen abandoned or discontinued. ivk. Gould states his oprr.'tion has not changed and has been in continuous use since 1997. Therefore, cunent uses wilf be considered a legal nonconforming use under previous and present land use regulations. Currcnt Uses aud Conditions Ft:$. on the rcprescntation made by-Mr. Gould, County Staff has concluded rhat storage and handling of materials (soils and gravl; sorting and cleaning) are legal ron.*nforring uis that h31e beln in place since Could Construction occupied the Jite in tdgt.These operations will be allowed in addition to the uses permitted specificaliy by Resolutio ng1-92 (attaclied) as discussed above. In order to memorialize the paramelers of operation for the aforementioned legal non- conforming status please provide the following infonnation. These documents and this letter will.becorne pafi of the Jammmon/Gould SpJcial Use File to ensure that this operation can continue to operate as a legal nonconforming use. 1. Detailed description of existing uses.2. A sealed survey of the 2.44 acre site used for thir commercial operation.3. A site plan indicating location of various operations and storage of materials or equipmenL 4- Sealed engineered plan addressing Best Managemeut Practices for stormwater control and deteils relating to erosion conhol devices, spill containrnent and river prolection methods. The legal non+onforming uses shalt be contained within the area designated on the site plan provided by Gould Conshuction. Any change including the, expansion,"enlargement, exteniion or alteration of the uses will also terminate thl right to continue the nonconfomr-ing uses. Pursuant to Section l0-104.A.1 of the l"and Usc and Development Code (effective July 15, 2013), a nonconforming use shall be determined absndoned ii thc use is discontinued ftor an unintemrpted period of truo (2) years or more as a result of causes within the control of the property owner or their agenl unless the trse is governed by sectiou l0-102.D.2. Section l0- 102.D.2 addresses rcconstruction of damaged or deitroyed structures. Failure by the countv to provide noti[ication of a determination of abandonment or terminationshall in no wav entitre rh; prfi;;;;;';" continue o, ,.r*i" a nonconforming usedetermined ro be abandon*a oiir-in]rrira ,ra., p;;;iJ;;rihe aaoprcd rand use code Andy Schwaller, Chief Building Official (via Email)Tamra Auen, ptanning Mu;;s; t*ii"i}Ufiler:\c-ode^anfir,ffififiil:,Tffu" ,iffio,r\courd construcrion sup cRrs4\r r-20-r3 sraff Attachments: Resolutio n 9T -92 Map of parcel2A - STATEOFCpTtrRTDo ) )ncottrryofou&td i *.#;.ffiffiIfl,ffiffiffiffif,# ot ---[toad.v , rlo --frh - or.-dod-lu rcrL rh.ro;d;prd;;-- . !'!fin,' !-"t . cordrdorrchrLnrnlpmYlt ,Corundrim. !P':tt{rEq!,' , -cormirjoocry"-ryq '.CorrryAlrolary Uqirqd rhF.r -os*iruaoiru lnl{ot n?.tta$. , colltyeanumrrror wtco thc fo[orr$3 pmc*l!E+ itlo.rgdlr.n wGn hd rd doq, ro{,it: RESOLUTIONNO. Y-92 Mso4moN coNcErNED wm{ THE lppRovAL or A spBcrAL usB rEnrrtrr FoR,roEt OE&IUIINE N.AE'AITIIIARON A}.D MA'ir dOI]6 - .. 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NOIY' TIERETORE- BF_I[ lESpLp ty ttn tourt of County Cmrrbdur of (hrfddcany. colondq un u rpidrt ura L-'ii."a-t*iy-il-u"rro pmurini4 tbr ur of 6a rbow*mr* of turd &idrc rongc of *,mr"rl*i*iJ"ffidupff!.;.til ,p.di. t' Ru.{ prypodt-of th.rmlet.tdt h loddcmacor{idoor ofrppavd dc'uercdulrrrh by rtc Bouf *-tjcutf Coortuioacn. 2' rbr tba rgptraar t! $+rind io putrprrc or r pmp.,do'lr! &ugra b,rr h thatqrotrrcor of rto srru ifuLrry izlcn 'rg inrorDdoq, irrho cornty crrrbrirhcr ro tsro',E sqp*p1o orry rE rri orrry r*la on rr. uifr.rJ-eJ-dii,ifrj -, talorEnco!fuiuhgura }|g1!:q ryyr{q ugtnry 12 tsD tb dro uilt oury ur rDo CR EAtHwy. t2 ffiffi,ffi11tf,X,duo to thc kngrh of tto vrfro&r Tlrrt ny ofioo rtr,curor nca th tggl uniforn Bu&ting codc ilqutlril.rilr frr rtc typoof ocotprac,y ptoporcd. IllLft1r1*t t-An! Cp.U.l Urctcrutr b rgpovod onlyfor ttc lotrgo of hoqr Ygpa1d m13{mi11u*r r3rud ro hLrciro loc ltrintoo daod filr,.a86 t,Iry-rry Docrnbq I, 1904. &on rhr G.!dd Cqldy pl&rrnrr Dcorrtarcat Aavltqfilcrha o rb eotlrudrrfttdtipdo4 *u r:qutc uc mo&ado oruo se..t{ ffid;m.*il rb rpprtnur efoccs h .ni*; n iriiil.tr-y ffi;; t. Drtdfilr-Li!-dryof oatab.r,A.D"lrJI-. ATTEST:cArFtstD COU$Tr BOAnD Or OOMMIISI(f,IIERS. OARFIEI.D COT'NTY, COIITR^DO Lpc 'rddr drty r!!dc rd EodGd rb e*gobg R'orurhn wrr rdoprod by rtro dronirg vorc c0xtltgSlolln cStIiHrIl Hrirlfl r. sr{rrx AtE IEIIE Fltrtt rr' ltmfixtriff*e;'ffiffi iilifi ;t*i,;iili:i#d#i;ffq$[*:]iili$i T. :rr",iii$iifliii:iifti"iiililt..:i,.ir.;li !t t*,!.i; ffi ii1i:::liiq1lH;;i ;i;!ll#l$iitil[iii,:1ij,,...., ffifiuffi !:itr[t*filillii'+iliil;:r*fr i,[,ilEilil:!l'$$ f,$,li*!i.!.1,:'*:l.lll I i,I rI'l l: l '#' t*t-, l, "'{II -..t,'& ,". ,h J. r'.$ Y'i*tef ,f m,4.::Nliftir g;in , "t.r ,'."Sit I I Ill$tfllilgl;.lrl$lslqIa lFl*lsIilIliI:I l:,lotllcI fiaJ-EC lrJ =tlo Br- E $-SEx3 frl I "t ir ," -rt,r...;,ir' : i .'t-, - *(,'1 { - COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 We have reviewed the proposals to construct and operate a Veterinary Clinic (Equine Hospital) and to continue to operate a Vehicle Repair Facility (Car Repair Faciliiy) on a i6.'98 acre parcel, located at 3927 County Road 154, Glenwood Springs. The parcel is khown as Lot 2 of the Eastbank LLC Minor Subdivision. The property curiently has an approximately 4,000 square foot commercial building, access road and utilities in place. The applicant doei not propose tocreate a new lot or change the size of the existing lot. The current water supply to the parcel isprovided by a well, currently permitted under permit No. 50236-F. According to our records, Well Permit No. 50236-F was issued July 8, 1998, pursuant to CRS37-90-137(2)to use an existing well constructed in the 1960s, and ii valid. Use of thegroundwater from the well is limited to drinking and sanitary purposes inside a 4,000 square foot office/repair shop building, occasional truck washing and floor washing, and not more than 1,000 square feet of landscaping irrigation. The well shall be operated only when a Basalt Water Conservancy District water allotment contract between the well owner and the district is in effect(contract referenced on the well permit is BWCD contract #312). The annualtotalvolume ofgroundwater to be appropriated under this permit is limited to O.+ acre-foot (130,332 gallons). The applicant indicated that the water supply to both the existing car repair facility and theproposed veterinary clinic will be provided by the existing well. As the current permit is limitedto one 4,000 square foot office/repair shop building and in annual appropriation of 0.4 acre-foot,the proposal to supply the veterinary clinic - whiclr the applicant estimates would require 0.563 acre-foot - would be an expansion of use and would require a new well permit. The applicantdid indicate in the submitted materials that they are aware of this and would obtain a new permit to allow for the well to also serve the new proposed use. Therefore, as long as the applicant obtains a well permit for the expanded use, this office would not have an odjection to use of the existing well to serve both facilities. Please note, since the property is located in the ColoradoRiver Basin which is over-appropriated, a new well permit would have to operate pursuant to anapproved plan for augmentation. The applicant has also indicated that they are in the process of obtaining a contract with the Basalt Water Conservancy District for augmentation water forthe expanded uses for the veterinary clinic. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. ,tf,u:.mr\,i;i \'-r 16l t*', ' :.-/r)',N \;-. "lr'*,r "l-r]6'-" AMI MEMORANDUM Date: To: From: Re: June 15,2016 David Pesnichak, Garfield county, community Development Department Megan Sullivan, P.E., Water Resource Engineer Eastbank LLC-Vehicle Repair & Veterinary ctinic GApA-Os-16-84s4 & g4s3 EXHIBIT ti -cIg 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us \ N s I EASTBANK, LLC MINOR SUBDIVISION asu A PARCELOF LAND SMJATEDINTHE STI2SECTION 35, TOWNSHIP 6 SOUTH, R.ANGE 89 WEST OF THE 6TH P.M. COUNTY OF GARRELD, STATE OF COLORADO( P *mlarrriax iii* rffims.ru IROilAR'OGEGOLF COURSE WESTSAXX RUNTi I oRAFBIC SCILDt#ri:ft=i:::-J ,l:5.,. dzdrz_8 E itl gE;ET 9l{isg3t[! slllr:l iEt - o -d|(,E IIIE 8677/6_/ II ti IIIc iI:I 1Irirt EItq il ITIt7 t E E! I II I :I tt ! ia iiiili iiliii :iiiii $ffii llI IIi Bll ilE ElI 'E ilt lli ;lr Ei! ]l i rtil Iirlll !l TII T tf,i+; IPh F B t! ti F i- I Iffii t I I 3 r'toJ.- t rllg $silE lStilE s I iirrA,PFT$! IdFF c EE! rf- i tllt$[ ililt Fiflr' Ii'l @ ff{ Irll Errlr!{ltrli 'l I @ >t, Elm 3lA ;IEvlz8lx rtt l-l-l- tslFqlo tl= EIZ:IT 5loI.lFOlr-:tt0ilEml- El< El(n(,,l-ilo 2tz +)o'E =B6n !Oo 'rl 8Fc2lo*qIf>c2> sdE;f+tn-UlM-l u,o- rNio q5 EOa2 i-fi oocz 1o1o i0 -'tlm Fo{{mo1t ooroa oo iiilii tlg'!! ffi$ t# it!! i. ,l $f!ffiri5.$ii lllt ri;s! l'.! -Fsl '' [ii'{ il q' -Ehff't F I !I Fl EI EI FN tr Fr E! rt "ttil trE il Ir tli !! ts!t T ! Hri rurI iEllv tP I FiiElfiarri I IF[i -.-ll il rfflii fidfi '; ,llis tr r I q -s PrFe!t I E E ii- ;rl )Ets'i:,i iffi t;i ' ;c:i 6i Efl Es Et T g tt E ? iC: $tr$DLfl 3F r I s F r I 83lrir!-cF} 7 HIGH GIOUT{TRY ENCINEERIHG. INC. r!trf,&Av&Gtot.ffirc@atotHffiE.'A@E ffi,ffi.ffi EXHIBIT fto Public Health 195 W. 14th Street Rifle, CO 81650 (970) 625-s200 Gadield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: David Pesnichak June 14,2016 Hello Dave, My comments for the Eastbank LLC equine hospital and car repair facility are below. I have combined the two applications into one set of comments; however, will distinguish between the two when appropriate. 1. Drinking water and wastewater disposal a. The water supply letter from Balcomb and Green indicates that there was a water quality test done for the existing well on the property that showed negative results for E. Coli. Garfield County land use code recommends testing for the broader range of compounds in the "Deluxe Colorado Package" of the Colorado Department of Public Health and Environment's Laboratory Services Division or an equivalent suite of compounds from a different lab. The testing packages are attached for reference. b. The operation should make every effort to connect to the proposed Roaring Fork Water and Sanitation District once that system is in place as is outlined in their application.c. The wastewater system in the application was referred to several times as an ISDS. The correct term is now onsite wastewater treatment system (OWTS), and the system should comply with all current Garfield County regulations. A temporary system installed for the Equine Hospital/Veterinary Clinic should still meet standards for waste disposal and storage, particularly given the potential constituents in the wastewater from livestock and automobile fluids. d. This property is located within the City of Glenwood Springs' Source Water Protection Area. The operator should be mindful of this in their operations, and contact Jerry Wade, water treatment plant operator, at (970) 618-8209 in the event of a spill. 2. Solid and hazardous materials and waste a. Both operations at this location produce waste that, improperly disposed of, have the potential to negatively affect ground and surface water supplies. Proper handling of these materials is of utmost importance given the close proximity to the Roaring Fork River. Waste oil and other automobile fluids should be stored so that they do not leak and are not allowed contact with bare soil. Horse and other livestock manure should be cleaned frequently and stored so that nutrients and bacteria are not allowed to leave the property. 3. Nuisance Conditions a. ln the impact analyses of both applications, there is no mention of dust control. The operator should be aware that these land uses can produce fugitive dust and Garfield County Fublic Health Department - working to promote health and prevent disease 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 Garfteld Coun$ should implement proper dust control such as water application, revegetation when possible, and covering bare sudaces with gravel. Thank you, ^1 n rl /,y'.' {llnaAtL /n 't!'u Morgan Hill Environmental Health Specialist lll Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (e70) 665-6383 Garfield County Public Health Department - working to promote health and prevent disease David Pesnichak From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: David, Dan Dennison < DDennison@hceng.com> Thursday, June l-6, 20L6 9:44 AM David Pesnichak Chad Lee RE: Eastbank Traffic Generation Question Flag for follow up Flagged You are correct the trip total of the two buildings should read as follows: Total Proposed Trip Generation The total estimate average daily traffic for the two proposed business is 114 trips during a busy day for both businesses. This is approximately a 65.5Vo reduction in average daily traffic for the two proposed businesses compared to the existing commercial operations. Dan Dennison High Country Engineering, lnc. 1517 Blake Avenue Glenwood Springs, CO 81601 Ph: (e70) 945-8676 Fx: (970) 945-2555 Email: ddennison @ hcenq.com NOTICE: Use of this electronic media by anyone other than High Country Engineering. Inc. shall be at the sole risk of such user and without liability or legal exposure ro High Country Engineering. Inc. By saving these lilcr(s), the user accepts responsibility fbr this electronic nredia. From: Chad Lee [mailto:clee@balcombgreen,com] Sent: Thursday, June 16, Z0L6 9:29 AM To: Dan Dennison Cc: Roger Neal Subject: FW: Eastbank Traffic Generation Question Hi Dan. Can you help me respond to the Planner's question below? Regards, Chad J. Lee, Esq. Balcomb & Green, P.C. 8r8 ColoradoAve., Glenwood Springs, Colorado 1 SSGM www.sgm-tnc.com EXHIBIT *, ,=I i(-Mr. David Pesnichak Garfield County Planner LO8 8th Street, Suite 40L Glenwood Springs CO 8160L RE: GAPA-OS-15-8453 and GAPA -05-16-8454 Dear David, I am responding to the two above referenced referrals as the District Engineer for the Roaring Fork Water and Sanitation District. As you are aware the RFWSD has a pending Service Plan Amendment and Location and Extent permit that is currently scheduled for hearings in June through September. Water and Sewer lines are being proposed to be extended from the current District infrastructure to the new Eastbank School site. These lines are proposed to be installed adjacent to these two referenced properties. The RFWSD has asked that the RE-L School District and the adjoining properties master plan the proposed utilities in this area so that the long term utilities are master planned complete with water distribution and sewer collection lines. The RFWSD prefers that individual connections not be made to water transmission or sewage force mains or interceptor sewers. For that reason the District is awaiting a master plan before making further commitments to serve these parcels. Both the Equine Hospital and the Car Repair facility will have water quality parameters for the discharge to the sewer lines that must be met to protect the District biological treatment facility. lf you have any further questions please do not hesitate to call. Sincerely Louis Meyer, PE GLENWOOD SPRINGS I lB West Sixth St, Suite 200 | Glenwood Springs, CO 8.l601 | 970.945.1004