HomeMy WebLinkAbout3.0 BOCC Staff Report 06.07.2004Exhibits Naugle I Teter Public Hearing held on 06107 /04
rnlhitlr:etteri,::r
11,,'fu),:,1r,,;i;,,:,,:,i;,,.:.,;,,,,;,;;;,,i,,,;,,
A Mail Receipts
B Proof of Publication
C Garfi eld County Zoning, Regulations
D Garfield County Comprehensive Plan of 2000
E Application
F Staff Memorandum
G Referral Comments from Road and Bridee Department dated 2126103
H CDOT Comments to Garfield County from3l30l04
I Referral Comments from Vesetation Manasement Department dated 3126104
J Email from Steve Anthony
K Letter from Grand Valley Fire Protection District
New
L Amendment Information to the Application
M Memo from Building and Planning Department dated 617104
New for the
Meetins
N CDOT Permit dated 5126104
o Letter from the DOW received June 4.2004
n
^lT
REOUEST
PROPERTY OWNER
LOCATION
SITE DATA
ACCESS
EXISTING ZONING
SUROUNDING ZONING
BOCC 06107t04
FJ
Industrial Support Facilities which includes
Warehouse / Staging Facilities
(Note, this is a continued public hearing)
Doug & Beverly Teter (Applicant)
16605 State Highway 6, just west of the Interstate -
70 Interchange at Rulison, Colorado.
Approximately 35 acres
County Road 323
RL - Resource Lands (Gentle Slopes / Lower Valley
Floor)
Open Space, RL
PROJECT INFORMATION AND STAFF COMMENTS
I. BACKGROUND
As you recall, on April 5*,2oo4,the Board opened and continued the public hearing on the proposal
to June 6,2004 so that the Applicant could better address the major issues outlined by Staff. Since
that date, the Applicant has worked to address the bulk of the issues which are presented in this brief
memo. [Note, the Teters are now the property owners of the subject property formerly owned by
Harry and Rhonda Naugle.l
II. STAFF COMMENTS
In the initial review, Staff pointed out the following issues with the application which rendered the
request inadequate. The Applicant has now addressed these issues. The following includes the project
issues (in bold italics) followed by the Applicant's response:
1. fnadequate demonstration of legal water for the proposed use.
Response
The Applicant has now purchased the property. The Applicant has also drilled a well under the
35-acre exempt well permit pursuant to the county standards which produced 13 gallons per
minute at a 4 hour pump test rate by Samuelson Pump Co. The Applicant also recently applied
for a "commercial well" permit from the state. In addition, the Applicant has received an
augmentation contract from West Divide Water Conservancy for 2.06 feet. Staff discussed the
commercial well permit with the Division 5 Engineer for the Colorado Division of Water
Resources in Glenwood who indicated he would issue the permit; however, it had to be issued
v
from the state rather than his office as an administrative function that takes approximately 6
weeks. Staff finds the applicant has demonstrated that an adequate physical water supply can be
obtained. It appears that an adequate legal supply for the proposed use can be obtained with a
proper permit from the state. Staff suggests the Board condition ay approval upon the receipt of a
commercial well permit.
2. Inadequate provision of method for handling wastewater.
Response
The Applicant commits to constructing a septic system as part of the building permit process to
handle wastewater generated from the well and typical restroom use. This is acceptable to Staff.
3. Inadeqaate demonstration of proper / legal access onto CDOT frontage.
Response
The Applicant discussed the proposal with CDOT which provided the following response: "The
Teters have asked me to send you an email on this access permit. The Teters have applied for
change in use for the Harry and Ronda Naugle access on North side of SH 70A, a distance of
1000 feet from milepost 81 (Also known as 16605 Highway 6124). We have received the
application and we are reviewing the application. The Teters have sent us everything we have
asked for at this point. We have done an initial review of the file, we don't see any complications
with this fiIe." Staff followed up with a phone call for clarification; it appears an access permit is
necessary and therefore, Staff recommends the Board require the.Applicant to obtain the permit
prior to issuance of the Special Use permit . ( S ,. € tL,L; p N)
4. No proposed determination of trips generatedfrom property and their off-site afficts.
Response
The Applicant provided a more detailed description of trips generated from the site on a daily
basis which are also required by CDOT in determining what type of highway access permit can
be issued. Total trips generated are 32 per the Applicant's calculation.
5. fnadequate provision of screening (fencing / landscaping plan) to mitigate visual impact
Response
The Applicant proposes to install an 8 foot screened (qghLab$ua4g) fence around the building
site to also include the storage of the three fuel tanks and miscellaneous equipment such as pipe
racks, etc. While the zoning allows for an 8 foot tall fence, the applicant will need to obtain a
building permit for any fence over 6 feet in height.
6. Inadequate data to support negligible impacts to wildlife.
Response
The Applicant made three separate attempts to contact the DOW. Initially, the DOW indicated
they would write a letter making recommendations for mitigation to the property but no letter has
been received. Since the project will only take place on approximately 5 acres of a 3S-acre tract
of which only a small portion of the 5 acres will be fenced and the fact that there are no
threatened or endangered species in the area, it appears there will be a very minimal impact towirdrire' (Uk" wnvLL' 5* e ,;.;ttl'D) .
7. No provision of a site rehabilitation plan.
Response
The Applicant discussed the project with Steve Anthony, County Vegetation Manager, who
recommended a revegetation plan to rehabilitate the disturbed area that is based on an arid
environment including the reseeding with a dry land pasture mix, and spraying and mowing of
noxious weeds.
8. Inadequate data to support amount of noise generatedfrom site.
Response
The Applicant provided a noise analysis conducted by Kathleen Neault, Certified Occupational
Hearing Conservationist and Industrial Hygiene Manager on May 9'o,2004. As you know, the
statute regards this type of noise as "industrial" which requires maximum levels at25 feetof the
property as shown in the matrix below. Also shown are the results of the analysis that shows the
levels produced for the project. Staff finds the levels are within acceptable levels as required by
the statute.
Zone TamtoTom TpmtoTam
Industrial 80 dB(A)7s dB(A)
::ii;iiriii:i.:iiiiiiiiiiii i .sAi :,:,,i,o1i*;:11a,:.,,7:$iri ",7:b.m:,',ib.t','i:.itita:,aiit'11'::'::,::::t::::i':i'::1
Industrial 64.5 n/a
9. Adequate Fire Protection Measures
Response
The Applicant provided an additional letter from the Grand Valley Fire Protection District which
provided the following revised recommendations that Staffproposes as conditions of approval:
A. The Applicant shall construct a2,500 gallon water storage tank which can be used to store
water to be used in the event of a fire that the facility or to prevent the spread of a wild land
fire event. This water tank can serve as water supply for purposes at the main shop building
as well as for fire protection. It shall be of a design that has been approved by the Grand
Valley Fire Protection District that allows them proper access.
B. No welding or cutting (open flame) operations shall occur inside the main building.
C. The Applicant intends to have three diesel fuel tanks (one 1,000 gallon, and two 500 gallon
tanks) on the property. These tanks shall be constructed in the location as proposed on the site
plan. Further, the Applicant shall present the Planning Staff with a "spill control and
secondary containment system" plan that has been approved by the Grand Valley Fire
Protection District. The Applicant shall post "No Smoking" signs in the storage and
dispensing area and shall locate at least one 20lb ABC Dry Chemical Fire Extinguisher
within 50 feet of the tanks.
III. SUGGESTED FINDINGS
That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
That the hearing before the Board of County Commissioners was extensive and complete and
that all interested parties were heard at that meeting and all pertinent facts, matters and issues
were submitted at the meeting.
That for the above stated and other reasons, the proposed conditional use permit is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
That the application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
IV. STAFF RECOMMENDATION
Staffrecommends the Board of County Commissioners approve the request for a Special Use permit
to allow for Industrial Support Facilities which include Warehouse / Staging Facilities for Beverly
and Doug Teter on a property located at 16605 State Highway 6,just west of the Interstate -70
Interchange at Rulison, Colorado with the following conditions:
1) That all representations of the applicant, either within the application or stated at the hearing
before the Board of County Commissioners, shall be considered conditions of approval.
2) All lighting installed at the property shall be directed downward and inward towards the
interior of the site.
3) The Applicant shall incorporate a bathroom into the building plans for the main warehouse
building. In addition, the Applicant shall obtain an Individual Septic Disposal System (ISDS)
permit to handle the wastewater generated from the bathroom uses as well as water generated
from the well.
1.
2.
4.
*,rtl 0*)+-L
fhe Applicant4iepesesen eight-foot sight-obscuring fence to enclose a portion ofthe site as
hown on the site plan and approved by the Board. The Applicant shall obtain a building
permit for all fencing over 6 feet in height.
5) The Applicant shall construct a 2,500 gallon water storage tank in conjunction with the
commercial well which shall store water to be used in the event of a fire at the facility and to
6)
7)
prevent the spread of a wild land fire event. This water tank can serve as water supply for
purposes at the main shop building as well as for fire protection. It shall be of a design that
has been approved by the Grand Valley Fire Protection District that allows them proper
access. The Applicant shall also consult with the County Building Department to determine if
the tank design requires a building permit.
No welding or cutting (open flame) operations shall occur inside the main building.
The Applicant intends to have three diesel fuel tanks (one 1,000 gallon, and two 500 gallon
tanks) on the property. These tanks shall be constructed in the location as proposed on the site
plan. Further, the Applicant shall present the Planning Staff with a "spill control and
secondary containment system" plan that has been approved by the Grand Valley Fire
Protection District. The Applicant shall post "No Smoking" signs in the storage and
dispensing area and shall locate at least one 20lb ABC Dry Chemical Fire Extinguisher
within 50 feet of the tanks.
The Applicant shall be required to obtain an access permit from the Colorado Department of
Transportation and present it to the Building and Planning Department prior to the issuance
of this Special Use Permit.
That the Applicant obtains all necessary building permits and inspections consistent with the
adopted rules and regulations of Garfield County for all development rvithin the proposed
atea.
10) If any further expansion of the use is attempted / requested, the Applicant shall readdress the
proposal and obtain the necessary approvals from the Board of County Commissioners.
1 1) That all noise generated from the property shall not exceed the accepted maximum levels set
forth in the Colorado Revised Statutes.
12)lnthe event the proposed use is discontinued / terminated, the Applicant shall rehabilitate the
disturbed areas by reseeding with a dry land pasture mix, and spraying and mowing of
noxious weeds to the satisfaction of the county vegetation Manager.
"l u,-6
13) It appears that an adequate legal supplyt'or the proposed use can be obtained with a proper
permit from the state. No Special Use peimit shall be issued until a commercial well permit
has been issued to the property and presented to the Building and Planning Department.
V
e)
EXHIBITL
ADDITIONS TO
SPECIAL USE PERMIT
DOUGLAS A TETER AND BEVERLY A TETER
MAIN ISSUES TO INCLUDE:
Contract with WEST DIVIDE WATER CONSERVANCY DISTRICT has been approved
and included in packet.
Commercial well permit included.
Underground septic system and leech field will be installed when building permit is
obtained.
Letter of approval recieved from CDOT - DAN ROUSSIN - Addressed to FRED
JARMEN included in packet
Trips in and out of property dailey. Foreman....................2 trips
6 trucks...... 12 trips
Truck pusher.............. 2 trips
2 roustabout trucks......4 trips
6 employee vehicles....12 trips
Total trips dailey........ ............. 32 trips.
Road into property will be constructed with road base and gravel and sprayed
with meg chloride for dust control as county does.
Site obscuring will be as county recommends. 8 ft, screened fence along
West and South side of building
Out side storage of fuel tanks and miscelaneous equipment will also be stored
inside the 8ft sreening.
Will follow fire department sepefic requirments. lncluded in packet.
lmpacts to wildlife.... .4120104 Contacted John Broderick with the DIVISION OF
WILDLIFE. He said he would write a letter on what he would
recommended.
5101104.. No responce.
5104104 and 5111/04 left messages on cell phone to return
my calls. Has not responded.
Site Rehabilitation Plan....Reseeding with a dry land pasture mix. Spraying and
mowing of noxious weeds. Per Steve Anthony.
Garfield County.
Sound Levels of Noises..Conducted and included in packet.
EXHIBIT
N
D EPARTJII ENT OF T RAN SPO RTATION
R€gion lTraffi. Section
227 Sourh 5rh 9treet, Rom IOO
Crand lun(Iion, CO 81 50l
970-248-7230 office
97O-?aE-7794 lax
May 26,2004
To: Doug & BevcrlY Tetcr
4949 CR 309
Parachute, CO 81635
ifyou have ally questions, please call:
Return Access Permit and attachments to:
Mike Smith at 97 0-248 -1 230
Region Z Traffrc Secti-sn
222 South 6th Stleet, Room 100
Grand Junction, CO 81501
r>Dor
Dear Doug & Beverly Teter:
please review rhe attached State Highway Access Permit (Form #l0l) and all enclosed attachments-
If you choose NOT to act on the pcrmit, please relum the pennit unsigned.
If you wish to APPEAL the Terms and Conditions of the permit, pleasc refer to the attached Form l0l
pagcs 2 & 3 for an explanation ofthe appeal proccdures-
If you ACCEPT the permit and its Terms and Conditions, please signand date the Access Permit
foim on the line marked *PERMITTEE". Your signature confirms your agreement to all the
listcd Terms and Conditions.
- provjde a check or money order made out to the jurisdiction named on the ncxt line for the
amoun[ due.
Colorado DePartme
Makc check or mncY ordcr PaYablc ro
- Retum all copies and attachme nts of the Access Permit along with your payment back to the
Colorado Department of Transportalion at the address noted below. The Department will proces.s
and return ro you a validated (signed and recorded) copy of your State Highway Access Permit.
Ilyou fait to sign and return the attacbed Access Permit within 60 days of the date of this transmittal
lctter, Colorado Department of Transportation will consider this permit Void.
you must obtain a Notice to Proceed- DO NOT begin any work within the State Right-of-Way without a
validated Access Permit and Notice To Procced, Use of this permit without Transportation Department's
validatron shall be considered a violation of State Law.
$ 100.00
Amount Due
'l-he transmittal to you of the Access Permit form tor your approval corrstitutes final action by the Colorado
Dcpanmeot of Transportation pursuant to section 41-2-14',7 C. R. S., as arnendcd.
cDol ;onn rr 22 ilge
@4rZgpm P. @@3@6/@3/44oDOUG TETER SONS 97@ E,25 @74@
-<'\ l.--i.=tisN(}
\ \\\l
N-$\
\
,n
A
\)
\
Co,py Distrlburlon: Required:
l.Regron
2.Applicant
3.Stsfi A(css Seclbn
l,rakc c4FiB as nrcess8ry for: Provlous editions ats obsoloto and may @t b' used
Local Authorlly Inspsctor COOT Form '1o1
E'98
STATE HIGHWAY ACCESS PERMIT
CDOT Permit No,
304058
Sial,e Higrhway NdMplside
0704/081 190/L
Pe.mit iee Dale of iransmillal
05,L6na04
Reglpn/SectiorVPa trgl
fiio2lag100.00
Local Jurisdictpn
Garfield County
The Permittee(s),
Harry & Rhonda Natrglc
16605 Highway 6
Ritle , CO ftl650
970-62-5-8898
Applicant; Ref No 04-064
Doug & Bevefly Teter
4949 CR 30'
Parachute, CO 81635
9ta-625-5734
s ho{eby granted parmission lo have an access to the state highway at the tocatron noled below. The access shali be constructeo. maintainecj anci used in
,ccordancl wiih tliis per-mit, inctudlng the state Highryay Aeeis Co& and an./ attac?rments, terns, conditions and erhlblts. This perrnit may be fevoked
;i the issunq authorily ifalany lime-lhe permilled access and its use violale any parts of this permil. The issuing au{hotily, the DeParhenlsnd lheir duly
appoioreO agents and ernployees shall be held harmless againsl any aclion for personal injury or property damage sustained by reason of the exercise ot
the oermtt
Location:
Locared6ril-T0Fronrage,adistanceof I0S0feeteastofRPBl,alsokno$rnas16605Fhwy{:. Thisaccessisnorthofl'?0andatthe
very end of a lrontage road.
AaL'ess td Plovide Servic€ to:
Spccinlty Store (Feed & Tack Store) '........".'
Gerieral Light tnddsrlal (oil Field serice)
ra unv
t2 D!{V <n oll o/-
Oiher terrns and conditions:
t See Attached Prges 2 and 3 and Other Enctosures foi Adititronal Terms and Conditio"rs,
MUNICIPALITY OR COI.JNTY APPR9VAL
Required oniy when the appropriate locai auihoriiy retains issuing authority.
By
(x)
Date Trtle
msandconditionsandreferencedattachmentscontained
herein. A[ ctnstiuction shall be completed in an expedilious and safe manner and shall be finished within 45 days from
lnitialon. The permitted access shall be completed in accordance with the terns and condilions of the permit prior to
being used.
The permittce shall notify Don Poole with the Colorado Department of Transportation in Parachute at 970-285€483
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The pefsan signing as th€ permdt€€ must be thmwner or legal regresentalive of the properly served by lhe permitled access3nd have lull aulhonly lo
accsp(the permit and its terms and condilions.
Permi\lae /J(x) tl/n, r*A,u,lo -flh:n Date, I ta/+/o*r
This penr*i is not valid until slgred by a duly authorized representative o1 the Department.
COLORADO DEPARTMENT OF TRANSPORTAT]ON
o.,
(x)
Date (of issue)Tille
Access Manager
MTCE Patrol TEffic Engrneer
DOUG TETER SONS
STATE OF GOLORADO
Bill Owens, Govemor
DEPAR-TMENT OF NATURAL RESOURCES
s7a 625 |a74@ /@3/@+
o
@4: LEpm
ForWldlife-
For Peoplt
EXHIBIT
DIVISION OF WILDL]FE
AN EOUAL OPPORTUNITY EMPLOYER
Bruce Mc0oskey, Acting Director
6O6O Broadway
Denver, Colorado 80216
Telephope: (3O3) 297-1 1 92
Beverly Teter
4949 County Road 309
Parachute, Co 81635
Dear Beverly,
The colorado Division of Wildlife has reviewed the information you sent concerning a Garfield county
special Use Permit for the area just north of the Rulison exit off of I -70.
The property described is classified as mule deer winter range and mule deer severe winter range
according to tfre COOW's Wildlife Resource lnformation System (WRIS). Deer definitely use this area
for winlei foraging, and in severe winters this low elevation winter range is critical to their survaval.
It appears that your operation will be concentrated in the area immediately north of l-70, and thal it will
aftd&
"pproximately
five acres of the thirty five acre parcel. Restoring the disturbed area with plants
benefrciai to wildlife will help mitigate the impacts. Control of noxious weeds will be imperative.
Conserving the remaining acreage as wildlife habitat would be beneficial.
We support your proposal to screen the facilities with a dirt burm, planted wilh native vegetation. _We
srggesiyor-review the information available through lhe Colorado State Cooperative Extension Service
coiierning browse resistant and native plants. The CDOW would be happy to assist you in determining
which planls are beneficial to wildlife. lf we can be of any further assistance please call.
Tlankyou,
fier"*%ri*
Dean R4!gs "
Area Wildlife Manager
John Srneltzer
Ron Velarde
John Broderick
oEPABTMENT OF NATUMLfiESOUBCES. Russell George, Executive Director
W|LDLIFE COMMISSION, Philip James, Chair. Jeffrey Crawford. Vice-Chair. Brad Phelps, Secretary
Members, Bernard Black . Tom Burke . Rick Enstrom . Claire O'Neal . Robert Shoemaker r Ken Torres
Ex Officio Members, Russell George and Don Ament
I
Special Use Permit
Doug & Beverly Teter
Board of County Commissioners
April 5,2004
'l:15 PM
Proposal Specifics (cont.)
The Applicant proposes to locale their company (Doug Iolol & So,,s
Oitlield Construction rna) on the property which oflers lollow-up
maintenance support to the natural gas drilling operations throughout the
western portion ol the county.
The company provides support seruice to gas and oil companies during
drilling followed by on-going maintenance at the drill sites. The company:
.Does the completion work on wells arler they havo beon drilled
including setting dehydrators, separators, and tanks, as they are needed.
.Completes all of the connection work, digs out and lays pipe for flow-
and sales lines followed by backtill and final grading of the location.
When this is done, the well is ready to produce.
.Provides on-going maintenance, rspair, and service to the wells as
needed.
Property Location
Proposal
Request: SUP for "lndustrial Support Facilities" that includes
Warehouse / Slaging Facilities
Owner: Harry and Rhonda Naugle
Applicant: Doug and BeverlyTeter
Location: Northwesl of Rulison exil from l'70
Property Size: 35 acres
Access: CDOT frontage from l-70 / CR 323
zoning: Resource Lands (Gentle Slopes / Lower Valley
Floor)
Comp Plan: Outlying Besidential
Specifics
Proposal Specifics (cont.)
.The company operates on a 24-hour / 7 day a week basls for Encana
Oil and Gas and Monday thru Friday lor Calpine Natural Gas.
.The current operation employs between and 1 5 and 17 employees, who
will drive their personal vehicles to the yard, pick up their designatsd
equipment (trucks stored at the site), complete their daily assignmenl,
and relurn to yards at end of shitt. ln providing seryice, the company
uses the following trucks in their operation:
.SL (6) bbl bbtail wat€/ vac rucls whbh arc usd ,or tansoding and tand.ring wasl6
wator.Wal€rishauldfromsisbsn6ortoadssignalddisPosalpi Walerorwasiswal€r
will n€vor bo stord ai th€ yad.
.Two (2) land6m'uol gravsl tucks, Mo (2) whch trucb, Mo {2) bachoos, and ko 2)
lrenchorc, andlour (4) tail.rsto 3€rybelh€ oil and gas comPanbs.
.Fto6 (1) onelon rougabdtucks 4uFpd wih tmb and supplb.
Project Review
2) Does nol comply with significant porlions of Ssction 5.03 (general SUP
standards), 5.03.07 (lndustrial Operation Standards), and 5.03.08
(lndustrial Perlormance Standards)
3) Main lssues include:
a) lnadequal€ demonstration o, legal waler {or the propo$d use
b) lnadequate provision ol m€lhod lor handling waslowater
c) lnadequat6 demonslralion of propor / l6gal acc6$ onto CDOT iionhgo
d) No proposed d6t6rminalion ol tips generalod liom properly and th€ir oll-sil6 atlects
6) Inad€quato provision oi scr€ening (l6ncing / lan&caping plan) lo miligale visual
impacl
l) lnadequale dab to suppod negligible impacls to wildlilo
g) No provision ol a sil6 rehabilitalion plan
h) lnadequat€ data to suppod amolnt oi nois generalgd ilom sil€
oo
Comprehensive Plan
Property Map
I
4
T*:.:
Property Tour
-
Property Location (cont.)
Proposed Site Plan
Property Tour (cont.)
2
oo
Property Tour (cont.)
Property Tour (cont.)
Property Tour (cont.)
Recommendation
Based on the deficiencies mitigation measures in the
proposal, Staff recommends the Board deny the
requesl for a Special Use Permit for "lnduslrial Support
Facilities" that includes Warehouse / Staging Facilities
3