HomeMy WebLinkAbout2.0 BOCC Staff Report 10.14.2002• •
EXHIBITS
Ackerman/Coffman Special Use Permit
Exhibit A: Proof of Certified Mailing Receipts and Publication
Exhibit B: Garfield County Zoning Regulations of 1978
Exhibit C: Garfield County Comprehensive Plan of 2000
Exhibit D: Staff Report dated October 14, 2002
Exhibit F: Application Materials
Exhibit G: Letter from Davis Farrar, Western Slope Consulting, dated August 15,
2002
Exhibit H Letter from Mike Davis, RFTA, dated September 25, 2002
Exhibit I Letter from Bill Gavette, Carbondale & Rural Fire Protection
District dated September 12, 2002
• •
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW: Special Use Permit
SUMMARY OF REQUEST:
BOARD - 10/14/02
TP
The Applicant requests a Special Use
Permit for an existing handcrafted log
homes business.
PROPERTY OWNER: Rex Coffman (property owner)
APPLICANT:
REPRESENTATIVE:
LOCATION:
EXISTING ZONING:
ADJACENT ZONING:
Skip Ackerman (owner of Ackerman
Handcrafted Log Homes)
Davis Farrar — Western Slope
Consulting
The subject property is addressed as
1837 County Road 100, Carbondale.
A/R/RD (Agricultural/Residential/Rural
Density)
A/R/RD; PUD (Planned Unit
Development) to the north; R/L/SD
(Residential/Limited/Suburban Density)
to the east; L/I (Light Industrial) to the
west
ACCESS: Access is off of County Road 100.
I. DESCRIPTION OF THE PROPOSAL:
A. Development Proposal: The Applicant requests approval for the continued operation of the 20
year old Ackerman Handcrafted Log Homes ("AHLH"). AHLH is a fabricating and assembling custom-
built log homes operation which includes milling of timbers, log processing, storage, log milling, log
home assembly, woodworking, and fabrication, and thus falls within "Industrial Operations" as outlined in
section 5.03.07 of the Garfield County Zoning Resolution of 1978 as amended.
According to a letter from the Applicant's representative, dated August 15, 2002, (Exhibit G), the request
for the employee -housing unit represented in the application has been withdrawn.
B. Project Description: AHLH is owned and operated by Skip Ackerman. However, the 35 acre
portion of the subject property that is represented in the application and on which the business operates is
part of 310 acres owned by Rex Coffman. There has been no legal separation of the proposed 35 acres.
Mr. Coffman has granted permission to Mr. Ackerman to submit a Special Use Permit ("SUP") for the
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 2
existing log home business. AHLH has occupied the subject site since 1982. AHLH operates on land
leased from Rex Coffman. Mr. Ackerman is in the process of pursuing the acquisition of a 35 acres parcel
from Mr. Coffman, however, this acquisition has not occurred. Therefore, approval of this SUP review
shall be granted to the property owner, Mr. Coffman, and shall run with the land.
The hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Sunday. Limited hours of operations
are maintained on Sunday from 8:00 a.m. to 4:00 p.m. There is vehicle access to the subject site on a daily
basis.
The Applicant noted that the number of employees (10 to a high of 40) varies seasonally depending on the
volume of construction activities. There are an average of 5 truck delivery/transport vehicles (semi -tractor
trailers) accessing the site on a monthly basis. These truck trips are utilized to bring logs on site and to
haul fmished products off site for the fmal assembly. An average of 15 to 20 customers visits the site per
week. Other intermittent vehicle trips consist of UPS/Federal Express deliveries, portable toilet service,
trash haulers, and similar "as needed" service vehicles, which average 4 to 5 vehicle trips per month.
C. Site Description: The site plan accurately represents the area on which activities occur on site.
There are two existing structures on site, a 320 square foot log office structure and a 120 square foot
storage building. The areas identified as "assembly" are areas where the log homes are assembled. Upon
completion of the log home, the home is dismantled and hauled off site for fmal construction.
No documentation was submitted with the application regarding the construction of the 320 square foot
office and 120 square foot storage building. The Applicant shall provide documentation as to when these
structures were constructed. If these structures were constructed after January 1, 1973, they are considered
pre-existing legal non -conforming uses, or if the Applicant shall obtain appropriate building permits.
As part of the SUP, the Applicant is requesting approval for the future construction of a new larger office
not to exceed 1,500 square feet and a 10,000 square foot building to house various wood -working, log
milling and fabrication operations to minimize adverse weather impacts and to minimize sound levels.
These structures will be constructed within the area of disturbance identified on the site plan. Appropriate
building permits shall be obtained prior to their construction.
D. Zoning: The subject property is zoned A/R/RD. The handcrafted log home business is a use by
special review.
E. Relationship to the Comprehensive Plan: According to the Garfield County Comprehensive Plan
of 2000, the subject area, identified on the "Proposed Land Use Districts" for Study Area 1 is located
outside of the Town of Carbondale Sphere of Influence. However, a portion of the 310 -acre property is
located in the Town of Carbondale Sphere of Influence. The recommended land use district for the
subject "area" is Light Industrial, even though the property is zoned A/R/RD.
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 3
F. Adjacent Land Uses: The subject area is surrounded by ranch land to the north and west. South
and east the subject area is bordered by a steep hill side. There are no similar type uses adjacent to the
subject area.
G. Road/Access: The site is accessed off of County Road 100. Access to the subject property is over
the Roaring Fork Transit Authority ("RFTA") railroad corridor.
H. Applicability: Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a SUP
shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon
in conformance with all provisions of the Zoning Resolution.
II. REVIEW AGENCY AND OTHER COMMENTS:
The application was referred to the following agencies for comments. Comments that were received have
been integrated throughout this memorandum where applicable.
1. Town of Carbondale: Written comments were not received prior to the distribution of this
memorandum, however, Mark Chain, Planner Director indicated in voice mail message that the
Town of Carbondale has no opposition to the request.
2. Carbondale & Rural Fire Protection District (Exhibit I).
3. Colorado Division of Wildlife: No comments were received.
4. Roaring Fork Transit Authority (Exhibit H)
5. Garfield County Road and Bridge: No comments were received.
III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03)
Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only:
1. Based on compliance with all requirements listed herein, and;
2. Approval by the County Commissioner, which Board may impose additional restrictions on
the lot area, floor area, coverage, setback and height of proposed uses or required additional
off-street parking, screening fences and landscaping, or any other restriction or provision it
deems necessary to protect the health, safety and welfare of the population and uses of the
neighborhood or zone district as a condition of granting the special use.
Response: Staff sees no reason for the BOCC to require any special conditions in addition to those
conditions listed under Section VI of this memorandum.
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 4
Pursuant to Section 5.03, special uses shall conform to all requirements listed thereunder and elsewhere in
the Zoning Resolution, plus the following standards:
1. Utilities adequate to provide water and sanitation service based on accepted engineering
standards and approved by the Board of County Commissioners shall either be in place or shall be
constructed in conjunction with the proposed use.
Response: Currently there is no well or septic system on this site. The Applicant indicated that the
existing operation only utilizes bottled water for potable purposes. Upon the acquisition of the 35 acres
parcel, the Applicant intends to file an application for a domestic exempt well permit and drill a well.
Wastewater service is provided through the use of portable toilets. An individual sewer disposal system
(ISDS) permit will be applied for by the Applicant from the County to serve the future structures. The
Applicant indicated that portable toilets will continue to be used on site for wastewater purposes. Upon
discussions with Dwayne Watson of the Department of Public Health and Environment, under the
"Guidelines on Individual Sewage Disposal Systems Revised 2000", portable chemical toilets are
prohibited for wastewater purposes on a permanent basis, therefore, prior to the issuance of the SUP, the
Applicant shall obtain a ISDS permit and install a septic system.
2. Street improvements adequate to accommodate traffic volume generated by the proposed use and
to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction
with the proposed use.
Response: No increase in traffic volume as a result of the SUP is expected. The Applicant indicated that
no improvements to the existing roadway are necessary or anticipated. Staff did not receive comments
from the Garfield Road and Bridge Department prior to the distribution of this memorandum. Staff will
attempt to provide comments at the meeting.
3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land
through installation of screen fences or landscape materials on the periphery of the lot and by location of
intensively utilized areas, access points, lighting and signs in such a manner as to protect established
neighborhood character.
Response: The current operation is adequately screened by the existing topography and vegetation from
adjacent lands and public rights-of-way. There is an existing sign identifying the operation is located on
County Road 100 near the driveway. The Applicant indicated that impacts from the existing operation
onto adjacent uses are minimal. A Weed Management shall occur on the subject site.
• •
Section 5.03.07:
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 5
Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the
submittal of an impact statement on the proposed use describing its location, scope, design and
construction schedule, including an explanation of its operational characteristics. The impact statement is
required to address the following:
(A) Existing lawful use of water through depletion or pollution of surface run-off, streamflow or
ground water.
Response: The Applicant asserted that there is no real or potential impact to surface or ground water
supplies from the exiting business. The Applicant indicated that the existing and proposed future uses will
not involve use of chemicals or materials in a manner that will pollute surface or ground water sources on
or adjacent to the property.
(B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or
other emanations.
Response: The Applicant asserted the existing and proposed uses do not and will not result in the
generation of vapor, glare, vibration, or other emanations that impact adjacent land. The Applicant
indicated that a limited amount of dust, smoke and noise are associated with vehicle movement on the site
and use of the portable band -saw mill. The Applicant asserted that all machinery is equipped with
adequate noise muffling devices and dB generation levels at the property boundary will be minimal.
The Applicant indicated that the generation of vapor, glare, smoke, dust or other emanations will comply
with applicable Federal, State and County air quality laws, regulations and standards. In the event of
potential violations with respect to vapor, dust, smoke, noise, glare or vibration, the Applicant will be
required to provide proof of compliance with applicable Federal, State, and County laws, regulations and
standards.
(C) Impacts on wildlife and domestic animals through the creation of hazardous attractions,
alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions.
Response: The application did not contain an analysis of wildlife impacts on the property. The Applicant
asserted that the existing and proposed uses will not result in adverse impacts to wildlife or domestic
animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of
migration routes, use patterns or other disruptions. The activities of the business do not result in the
generation of products or waste products that will attract wildlife or domestic animals. The Applicant
noted that any domestic waste produced at the site is placed in sealed waste containers and disposed of
regularly.
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 6
(D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their
impacts to areas in the County.
Response: The Applicant indicated that the property has been actively used for 20 years for log home
construction purpose without adverse impacts resulting from vehicular traffic to and from the site. The
Applicant asserted that the location of the access driveway to the property allows for adequate site
distances east and west along County Road 100. No comments from Garfield County Road and Bridge
Department were received to confirm site distance of the existing driveway. Staff will attempt to provide
comments on at the meeting. All parking occurs on site and there is adequate vehicle maneuvering area on
site, therefore there is no need for vehicles to back onto County Road 100.
The Applicant provided a copy of Private Way License, between the Denver and Rio Grande Western
Railroad Company and Mr. Coffman (Exhibit D in the application), covering the private road crossing
over the railroad right-of-way. However, Item 12 of the License, Item 12 states "the Licensee shall not
assign this License or any interest therein directly or indirectly, nor encumber the same without the
written consent of the Licensor first had and obtained." Documentation has not been provided in the
application that Mr. Coffman has obtained permission from the RFTA to assign the license to Mr.
Ackerman. Documentation of transfer shall be provided prior to the issuance of the Special Use Permit.
Mike Davis of RFTA, formerly RTA, indicated that no encroachment on the railroad corridor is acceptable
and the railroad crossing cannot be improved without written permission from RFTA.
(E) That sufficient distances shall separate such use from abutting property which might otherwise be
damaged by operations of the proposed use(s).
Response: Staff agrees with the Applicant that sufficient topographic and vegetation features and
physical separation exist to protect abutting property from damage or adverse impact associated with the
existing and proposed uses.
(F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards
identified in Section 5.03.08 of this Resolution.
Response: These mitigation measures are addressed through the application and this memorandum.
Section 5.03.08 is addressed further in the memorandum.
Section 5.03.07(2):
In accordance with 5.03.07(2), Special Use Permits may be granted for those uses with provisions that
provide adequate mitigation for the following:
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 7
(A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for
conditional or special use will be issued;
Response: The Applicant indicated that site rehabilitation, in the event that all permitted operations are
permanently terminated on the site, will consist of removal of logs, other stored materials, and equipment.
The buildings, if constructed, will be limited to uses by right under the A/R/RD zone district.
(B) The County Commissioners may require security before a permit for special or conditional use is
issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified
check or other security deemed acceptable by the County Commissioners in the amount calculated by the
County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and
in accordance with the specifications and construction schedule established or approved by the County
Commissioners. Such commitments, bonds or check shall be payable to and held by the County
Commissioners;
Response: The Applicant shall comply with this provision if deemed necessary by the Board.
(C) Impacts set forth in the impact statement and compliance with the standards contained in Section
5.03.08 of this Resolution. (A. 93-061)
Response: See responses to Section 5.03.08 below.
Section 5.03.08:
Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply
with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall
not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in
such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable
environmental effects beyond the boundaries of the property in which such uses are located, in accord with
the following standards:
(1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised
Statutes at the time any new application is made.
Response: The Applicant asserted that all machinery is equipped with adequate noise muffling devices
and dB generation levels at the property boundary will be minimal. The Applicant noted that volume of
sound on the subject site shall comply with standards set forth in the Colorado Revised Statutes. In the
event of potential zoning violations with respect to noise, the Applicant will be required to provide proof
of compliance with State dB levels.
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 8
(2) Vibration generated: every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible, without instruments, at any point of any boundary line of the
property on which the use is located.
Response: The Applicant asserted the existing and proposed uses on the subject site will not cause
vibration beyond the boundary of the property. In the event of potential violations with respect to
vibration, the Applicant will be required to provide proof of compliance with applicable Federal, State,
and County laws, regulations and standards.
(3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all
Federal, State and County air quality laws, regulations and standards.
Response: The Applicant asserted that a limited amount of dust and smoke are associated with vehicle
movement on site and the use of the portable band -saw mill. The Applicant noted that the generation of
dust and smoke will comply with all applicable Federal, State, and County air quality laws, regulations
and standards. In the event of potential violations with respect to smoke and particulate matter, the
Applicant will be required to provide proof of compliance with applicable Federal, State, and County
laws, regulations and standards.
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit
heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or
which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective
painting of storage tanks, or other such operations which may be required by law as safety or air
pollution control measures shall be exempted from this provision.
Response: The Applicant asserted that the existing and proposed uses on the property does not and will
not result in the generation of the emission of heat, glare, radiation and fumes that impact adjacent land.
In the event of potential violations with respect to the emissions of heat, glare, radiation, and fumes by the
existing use or future uses, the Applicant will be required to provide proof of compliance with applicable
Federal, State, and County laws, regulations and standards.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
5(A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards
and laws and shall comply with the national, state and local fire codes and written recommendations /
comments from the appropriate local protection district regarding compliance with the appropriate codes;
Response: The Applicant noted that the operation includes fuel storage of 500 gallons of gasoline and
500 gallons of diesel. The Applicant asserted that fuel storage shall be maintained in accordance with
accepted standards and laws and shall comply with the national, state and local fire codes. Bill Gavette of
the Carbondale and Rural Fire Protection District indicated that the Applicant is proposing to relocate the
tanks elsewhere on the property. Mr. Gavette has noted that the Applicant intends on working with the
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 9
Fire District prior to the relocation of the tanks to bring them into compliance with the local fire code.
Prior to the issuance of the Special Use Permit, the Applicant shall provide documentation on the tanks,
i.e. method of storage and method of containment the gasoline and diesel shall potential spillage ever
occur.
5(B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to
be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property;
Response: The subject area is screened from adjacent property and public right-of-way by the existing
topography and the vegetation. Based on the existing screening, it does not appear that additional
screening shall be required.
5(C) No materials or wastes shall be deposited upon a property in such form or manner that they may
be transferred off the property by any reasonably foreseeable natural causes or forces;
Response: The operation results in the generation of a small amount of sawdust and waste wood
products. The Applicant indicated that these waste materials are contained and periodically removed from
the property. The Applicant asserted that no materials or wastes shall be deposited upon the property in
such a manner or form that they may be transferred off the property by any reasonably foreseeable natural
cause or force.
5(D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following
standards:
1. The minimum lot size is five (5) acres and is not a platted subdivision.
2. The equipment storage area is not placed any closer than 300 ft. from any existing
residential dwelling.
3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in
height and obscured from view at the same elevation or lower. Screening may include
berming, landscaping, sight obscuring fencing or a combination of any of these methods.
4. Any repair and maintenance activity requiring the use of equipment that will generate
noise, odors or glare beyond the property boundaries will be conducted within a building
or outdoors during the hours of 8 a.m. to 6p.m., Mon. -Fri.
5. Loading and unloading of vehicles shall be conducted on private property and may not be
conducted on any public right-of-way.
Response: Storage of heavy equipment includes up to 4 cranes, a log loader truck, vehicle trailers and
possible additional log handling equipment. The subject area is part of a 310 acre parcel. The Applicant
is in the process of purchasing 35 acres of the property owner, which will encompass the subject area. The
total acreage exceeds the minimum lot size of five acres. The property is not in a platted subdivision.
There is no residential dwelling near the subject area. The Applicant noted that equipment storage area
will not be placed any closer than 300 feet from any residential dwelling if constructed. The outdoor
storage is screened from view by existing topography and vegetation. The Applicant will maintain
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 10
outdoor storage in a condition adequate to conceal such facilities from adjacent property. Any repair and
maintenance activities will be conducted within a building or outdoors during the hours of 8:00 am and
6:00 pm, Monday through Friday. The Applicant indicated compliance with sub -sections 1-5 above.
5(E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in
size. (A97-112)
Response: The Applicant noted that storage areas for uses not associated with natural resources will not
exceed 10 acres in size.
5(F) Any lighting of storage area shall be pointed downward and inward to the property center and
shaded to prevent direct reflection on adjacent property (A97-112)
Response: The Applicant indicated that all lighting will be minimized and will be pointed downward and
inward to the property center. All light fixtures will be designed and placed to prevent direct reflection on
adjacent properties or County Road 100.
(6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install
safeguards designed to comply with the Regulations of the Environmental Protection Agency before
operation of the facilities may begin. All percolation tests or ground water resource tests as may be
required by local or State Health Officers must be met before operation of the facilities may begin.
Response: There is no real or potential impact to surface or ground water supplies. The existing and
proposed uses will not involve use of chemicals or materials in a manner that will pollute surface or
ground water sources on or adjacent to the property. This application was not referred to the State Health
Office for comments. In the event of potential violations with respect to water pollution, the Applicant
will be required to provide proof of compliance with applicable Federal, State, and County laws,
regulations and standards.
IV. ADDITIONAL COMMENTS:
Pursuant to section 9.03.05 of the Zoning Resolution:
Any Special Use Permits may be made subject to a periodic review not less than every six (6)
months if required by the County Commissioners. The purpose of such review shall be to
determine compliance or noncompliance with any performance requirements associated with the
granting of the Special Use Permit. The County Commissioners shall indicate that such a review
is required and shall establish the time periods at the time of issuance of a Special Use Permit.
Such review shall be conducted in such manner and by such persons as the County
Commissioners deem appropriate to make the review effective and meaningful. Upon the
completion of each review, the Commissioners may determine that the permit operations are in
compliance and continue the permit, or determine the operations are not in compliance and either
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 11
suspend the permit or require the permittee to bring the operation into compliance by a certain
specified date. Such periodic review shall be limited to those performance requirements and
conditions imposed at the time of the original issuance of the Special Use Permit.
Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every
six months.
V. STAFF FINDINGS:
1. That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons, the proposed special use permit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978.
VI. RECOMMENDATION:
Staff recommends that the Board APPROVE the Coffman/Ackerman Special Use Permit for the
fabrication and assembly of custom-built log homes, subject to the following conditions:
1. All representations of the Applicant, either within the application or stated at the meeting before
the Board of County Commissioners, shall be considered conditions of approval, unless
specifically altered by the Board.
2. The Applicant shall comply with all applicable requirements of the Garfield County Zoning
Resolution of 1978, as amended, and the Colorado Department of Public Health and
Environmental standards.
3. The Applicant shall comply with the Garfield County Noxious Weed Management Plan.
4. No encroachment on the railroad corridor is allowed. The railroad crossing can not be improved
without permission from the Roaring Fork Transit Authority.
• •
Coffman/Ackerman
Special Use Permit
BOCC —10/14/02
Page 12
5. Special Use Permits run with the land on which it is requested. This Special Use Permit shall be
associated with the 310 acres owned by Mr. Coffman, specific to the subject area, until the
purchase and recorded deed of the proposed 35 -acres, or said amount of land, is complete. This
Special Use Permit will than be associated with the approximately 35 -acres.
6. Building permits are required for the proposed new 1,500 square foot office building and 10,000
square foot storage structure.
7. All lighting fixtures shall be designed and placed to prevent direct reflection on adjacent
properties and County Road 100.
8. Prior to the issuance of the Special Use Permit, the Applicant shall:
a. The Applicant shall provide documentation with regard to the construction of the 320
square foot office structure and the 120 square foot storage building to determine whether
they are pre-existing legal non -conforming uses.
b. The Applicant shall obtain and provide the Planning Department a copy of a domestic
exempt well permit. Proof of legal and adequate water supply shall be submitted.
c. The Applicant shall obtain an Individual Sewage Disposal System permit and install a
septic system.
d. Documentation of the transfer of the Private Way License shall be submitted.
e. The Applicant shall demonstrate that the noise produced by the existing use meets State
standards.
f. The Applicant shall provide documentation on the fuel storage tanks and compliance with
state and local requirements and standards. Information shall be submitted with respect to
the method of storage of the gas and diesel and the method of containment shall spillage
occur.
•
•
WESTERN SLOPE CONSULTING
August 15, 2002
Ms. Tamara Pregl
Senior Planner Garfield County
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Dear Ms. Pregl:
EXHIBIT
C
RECEIVED
AUG u 2002
GARFIELD COUNTY
BUILDING & PLANNING
This letter is a follow-up to our recent phone conversation and your letter of August 7,
2002 regarding the Ackerman Special Use Permit. This letter is to notify you that we are
withdrawing that portion of our request relating to the residential dwelling unit. It is our
understanding that a residential use is allowed by right under
Agricultural/Residential/Rural Density zoning. We will consider that use subsequent to a
favorable decision by the Garfield County Commissioners on the special use permit
application and after a separately deeded 35 -acre parcel has been properly established.
We wish to continue processing our application for processing of materials in
association with an existing log home construction business. We would like to request a
hearing date before the Board County Commissioners at their October 14, 2002 meeting.
Please notify us if that date is scheduled and let us know what steps we must take to
provide proper notification to adjoining property owners and notification in a newspaper
of local circulation.
If there are any other issues related to our application, please notify us immediately so
they can be addressed and remedied as necessary. I look forward to working with you
through this process.
Sincerely,
(Lo�
Davis Farrar
Project Planner
cc: Rex Coffman, Skip Ackerman
0165 BASALT MOUNTAIN DRIVE • CARBONDALE, COLORADO • 8 1 63
PHONE: 970-963-7172 • FAX: 970-963-7172
05/24/2013 11.00 FAX IQ 002/002
• •
ROAMING FORK TRANSPORTATION AUTHORITY
Connecting our region with transit and trolls
Phone: (970) 945 7386
Fax: (970) 945 7380
DATE: Wednesday, September 25, 2002
TO: Tamara Pregl
FROM: Mike Davis, Director of Planning
RE: Ackerman/Coffman Development -Proposal
Thank you for the opportunity to review the Ackerman/Coffinan proposal for the continued
operation of an existing handcrafted log home processing business. As a reminder to the
developer, no encroachment on the railroad corridor is acceptable and the railroad crossing
cannot be improved without written permission from RFTA. RFTA has no other comments at
this time.
Roaring Fork Transportation Authority
2307 Wulfsohn Rd
Glenwood Springs, CO 81601
r
September 12, 2002
Tamara Pregl
Garfield County Planner
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
•
FIRE • EMS • RESCUE
RE: Ackerman/Coffman Special Use Permit
Dear Tamara:
•
R
SEP 2 3 2002
GARFIELD COUNTY
BUILDING & PLANNING
I have reviewed the application for Ackerman Handcrafted Log Homes. 1 have also met with Davis
Farrar, the owner's representative at the site. The Fire District has had a good working relationship with
Ackerman Handcrafted Log Homes. We have advised them previously regarding storage and disposal of
their wood products. I would offer the following comments regarding the application.
Access
Access for the proposed to the site is adequate off County Road 100 and within the present facility.
Water Supply
Water supply for fire protection to the site would be supplied by initially responding fire apparatus, with
additional water supplied by tanker shuttle.
Please contact me if you have any questions.
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569
zooz z o inr 03AI3331
• •
REX COFFMAN
July 2, 2002
Board of Garfield County Commissioners
109 8th Street Suite 200
Glenwood Springs, CO 81601
Dear Honorable Board of County Commissioners:
This letter is submitted in conjunction with the attached application materials for a
special use permit to allow for processing of materials in association with an existing log
home construction business located at 2340 County Road 100, Carbondale, Colorado.
The attached application and supporting materials describe in detail the nature and
character of the Special Use.
I respectfully request favorable consideration of this application by the Garfield
County Board of County Commissioners. I look forward to discussing the details of this
application with the Board and will be happy to provide answers to questions that you
may have.
Sincerely,
Rex Coffman
1837 COUNTY ROAD 100 • CARBONDALE, CO • 81623
PHONE: 970-963-2375
1
Ackerman Handcrafted Log Homes
Special Use Permit Application
• •
APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970-945-8212 Facsimile: 970-384-3470
Submittal Date: July 2, 2002
Base Fee: $400.00.
Applicant: Skip Ackerman - Ackerman Handcrafted Log Homes for property owner Rex Coffman.
Applicant Representative: Davis Farrar - Western Slope Consulting.
Address of Applicant: P.O. Box 1318, Carbondale, CO 81623. Telephone: 970-963-0119
Address of Property Owner: 1837 County Road 100, Carbondale, CO 81623. Telephone: 970-
963-2375.
Address of Applicant Representative: 0165 Basalt Mountain Drive Carbondale, CO 81623.
Telephone: 970-963-7172.
Special Use Being Requested: Processing operation to include milling of timbers, log processing,
storage, log milling, log home assembly, woodworking, fabrication and an employee -housing unit.
Zone District: Agricultural/Residential/Rural Density — A/R/RD. Size of Property: 35 acres
Application Requirements: These items must be submitted with the application
1.) Plans and specifications for the proposed use including the hours of operation, the amount of
vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any
existing or proposed structures that will be utilized in conjunction with the proposed use.
Please submit this information in narrative form and be specific.
Plans and Specifications for the Proposed Use.
Ackerman Handcrafted Log Homes has occupied the existing site since 1982 for the purposes of
fabricating and assembling custom-built log homes. The business operates on a land lease from
Mr. Rex Coffman. Mr. Ackerman is pursuing acquisition of a 35 -acre parcel from Mr. Coffman
and would like to obtain a special use permit from Garfield County for the existing use. This
application is a request to allow all of the existing business activities described below and to
allow the addition of a residential structure to be utilized as an on site employee housing unit.
Hours of operation. Ackerman Handcrafted Log Homes operates between the hours of 7:00
AM and 6:00 PM Monday through Saturday and maintains limited operations on Sunday from
8:00 AM to 4:00 PM.
Vehicles Accessing the Site. Employee vehicles access the site on a daily basis. The number
of employees varies seasonally depending on the volume of construction activities from a low of
10 to a high of 40.
Submitted By:
Western Slope Consulting
970-963-7172
Page - 1
• •
Ackerman Handcrafted Log Homes
Special Use Permit Application
There are an average of 5 truck delivery/transport vehicles (semi -tractor trailers) accessing the
site on a monthly basis. These truck trips are utilized to bring logs on site and to haul finished
products off site for final assembly.
An average of 15 to 20 customers per week visit the site.
Other intermittent vehicle trips consist of UPS/Federal Express deliveries, portable toilet
service, trash haulers, and similar "as needed" service vehicles. These trips average 4 to 5 per
month.
Existing structures on the site: include a 320 square foot office and a 120 square foot storage
building. The applicant intends to construct a new larger office on-site in the future and
anticipates that the new office will not exceed 1,500 square feet. The nature of the business
requires assembly of log home structures on site to ensure a proper fit of the logs. The site plan
shows "assembly" locations for this purpose. These areas are intended for temporary assembly
of structures to be dismantled and hauled off site for final construction.
The applicant is requesting approval to construct a single residential dwelling unit on site to be
utilized as employee housing. It is anticipated that the structure will include approximately
2,500 square feet of living space.
The applicant is also requesting approval for future construction of a building to house various
woodworking, log milling and fabrication operations to minimize adverse weather impacts and
to minimize sound levels. The request is to add a building not to exceed 10,000 square feet. It
is the applicant's intent that if in the future the special use processing of materials function
permanently ceases on the site, the use of the building would be limited to uses by right.
2.) If you will be using water or will be treating wastewater in conjunction with the proposed
use, please detail the amount of water that would be used and the type of wastewater
treatment. If you will be utilizing well water, please attach a copy of the appropriate well
permit and any other legal water supply information, including a water allotment contract or
an approved water augmentation plan.
Water/Wastewater Service: The existing business operation only utilizes bottled water for
potable purposes. Wastewater service is provided through the use of portable toilets. After
acquisition of the property, the applicant intends to acquire a domestic exempt well permit for
the 35 -acre parcel and drill a well at a future date. Individual sewer disposal system (ISDS)
permits will be acquired from the County to serve the future residential structure and operations
building. Portable toilets will continue to be used on site for wastewater purposes, as they are
needed for the various operations.
3.) A map drawn to scale portraying your property, all structures on the property, and the
County or State roadways within one (1) mile of your property. If you are proposing a new
or expanded access onto a County or State roadway, submit a driveway or highway access
permit.
Submitted By:
Western Slope Consulting
970-963-7172
Page - 2
Ackerman Handcrafted Log Homes
Special Use Permit Application
Site Plan: See attached site plan Exhibit - A.
4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale
quadrangle map will suffice.
, 107° 10'
-107°
62x4
Q
623 _�~" •
•
'Carbondale; COT �^
5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public
and private landowners adjacent to your property. Include a list of all property owners and
their addresses.
See Attached Exhibit - B.
6.) Attach a copy of the deed and a legal description of the property. If you are acting as an
agent for the property owner, you must attach an acknowledgement from the property owner
that you may act in his/her behalf.
See Attached Exhibit - C.
7.) You must submit an impact statement consistent with the requirements of Sections 5.03,
paragraphs 1 thru 3. (on industrial type use applications sections 5.03.07 and 5.03.08 will be
necessary to address).
Impact Statement:
Existing lawful use of water through depletion or pollution of surface run-off, stream flow or
ground water.
The existing activities do not involve outside use of water. Existing water use is limited to in-house
bottled potable water. Therefore, there is no real or potential impact to surface or ground water
Submitted By
Western Slope Consulting
970-963-7172
Page - 3
• •
Ackerman Handcrafted Log Homes
Special Use Permit Application
supplies. This application includes a request for future construction of a residential employee
dwelling unit. That use may include a small area of outside irrigation. The applicant proposes to
secure a domestic exempt well permit from the State of Colorado in conjunction with a building
permit application. Additionally, the applicant intends to acquire irrigation water rights from the
existing ditch on the property in conjunction with the purchase of the land. The well permit and/or
irrigation water will provide adequate physical and legal supply of water for the limited outside
irrigation. The existing and proposed future uses will not involve use of chemicals or materials in a
manner that will pollute surface or ground water sources on or adjacent to the property.
Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or
other emanations.
The existing and proposed use on the property does not and will not result in the generation of
vapor, glare, vibration or other emanations that impact adjacent land. A limited amount of dust,
smoke and noise are associated with vehicle movement on the site and use of the portable band -saw
mill. These emanations are limited to the immediate vicinity of the activity and are not perceptible
at the property boundary. All machinery is equipped with adequate noise muffling devices and dB
generation levels at the property boundary will be minimal.
The physical configuration of the property also serves to limit and minimize any impacts to adjacent
land. Immediately south of the site is a very steep ridge that rises over 500 feet above the site
elevation. The north boundary of the property is buffered from the adjacent property by the County
Road 100 right-of-way, the 80 ft. railroad right-of-way corridor and substantial vegetation. East of
the site the steep bluff on the south extends north to abut the railroad right-of-way. This
topographic configuration limits development on the east and protects adjacent land on the east
from impact. The property on the west is protected from impact because vibration generated will
not perceptible, without instruments, at the boundary of the property. Generation of vapor, glare,
smoke, dust or other emanations will comply with all applicable Federal, State and County air
quality laws, regulations and standards. Noise dB generation will be minimal at the property
boundary.
Impacts on wildlife and domestic animals through the creation of hazardous attractions,
alteration of existing native vegetation, blockade of migration routes, use patterns or other
disruptions.
The existing and proposed uses will not result in adverse impacts to wildlife or domestic animals
through creation of hazardous attractions, alteration of existing native vegetation, blockade of
migration routes, use patterns or other disruptions. The activities of the site do not result in
generation of products or waste products that will attract wildlife or domestic animals. Any
domestic waste produced at the site is placed in sealed waste containers and disposed of regularly.
Impact of truck and automobile traffic to and from such uses and their impacts to areas in the
County.
The property has been actively used for 20 years for log home construction purposes without
adverse impacts resulting from vehicular traffic to or from the site. The location of the access
driveway to the property allows for adequate site distances east and west along County Road 100.
The 35 mile per hour speed limit on County Road 100 adjacent to the access provides for lower
Submitted By:
Western Slope Consulting
970-963-7172
Page - 4
• •
Ackerman Handcrafted Log Homes
Special Use Permit Application
county road traffic speeds that are compatible with the existing and proposed site access. The
applicant is not aware of traffic complaints or accidents resulting from the existing access
configuration on County Road 100. The proposed addition of a single residential employee
dwelling unit will add a small amount of traffic that will be less than the amount associated with a
typical residential unit because vehicle trips to the workplace will be eliminated. All parking on the
property is located on site. There is adequate vehicle maneuvering space on the site. Therefore, no
vehicles will be backing onto County Road 100. Included in this application is a copy of the access
license granted by the RTA for the property as Exhibit - D.
Sufficient distance separates such use from abutting property, which might otherwise be
damaged by operations of the proposed use(s).
Sufficient distances topographic/vegetation features and physical separation exist to protect abutting
property from damage or adverse impact associated with the existing and proposed uses. As was
mentioned previously, generation of emanations from the site will not be perceptible at the property
boundary and noise generation will be minimal at the property boundary.
Storage of flammable or explosive solids or gases on the property.
There is no storage of flammable or explosive solids or gases on the property. The operation
includes fuel storage of 500 gallons gasoline and 500 gallons diesel. Fuel storage shall be
maintained in accordance with accepted standards and laws and shall comply with the national, state
and local fire codes and written recommendations/comments from the appropriate local protection
district applicable to the appropriate codes.
Outdoor storage.
Presently, outdoor storage is screened from view by existing topography and vegetation. The
applicant will maintain outdoor storage in a condition adequate to conceal such facilities from
adjacent property.
Generation of waste products.
The operation results in the generation of small amounts of sawdust and waste wood products.
These waste materials are contained and periodically removed from the property. No materials or
wastes shall be deposited upon the property in such form or manner that they may be transferred off
the property by any reasonably foreseeable natural cause or force.
Heavy equipment storage.
Storage of Heavy Equipment includes up to 4 cranes, a log loader truck, vehicle trailers and
possible additional log handling equipment. Heavy equipment storage is screened by existing
topography and natural vegetation. The equipment storage area will not be placed any closer than
300 feet from any existing residential dwelling.
Submitted By:
Western Slope Consulting
970-963-7172
Page - 5
Ackerman Handcrafted Log Homes
Special Use Permit Application
Minimum site acreage for special use.
The total acreage of the proposed site is 35 acres and exceeds the minimum lot size of five (5) acres.
The property is not in a platted subdivision.
Repair and maintenance activity.
Repair and maintenance activity requiring the use of equipment will not generate noise, odors or
glare beyond the property boundaries. Any repair and maintenance activity that will result in the
generation of noise, odors or glare beyond the property boundaries will be conducted within a
building or outdoors during the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday.
Loading and unloading of vehicles.
All loading and unloading of vehicles shall be conducted on the site and on private property and
will not be conducted on any public right-of-way.
Storage areas for uses not associated with natural resources.
Storage areas for uses not associated with natural resources will not exceed ten (10) acres in size.
Lighting.
All site lighting will be minimized and will be pointed downward and inward to the property center.
All light fixtures will be designed and placed to prevent direct reflection on adjacent property.
Site rehabilitation.
Site rehabilitation in the event that all permitted operations are permanently terminated on the
property will consist of removal of logs, other stored materials, and equipment not needed in
association with the residential unit or as is otherwise allowed as a use by right under the
Agricultural/Residential/Rural Density zone district.
The consideration of this proposed Special Use will require at least one (1) public hearing for which
public notice must be provided. The Planning Department will mail you information concerning
this hearing(s), approximately 45 days prior to the scheduled hearing. You will then be required to
notify, by certified return receipt mail, to all owners of record as shown in the Assessor's Office of
lots within 200' of the subject lot and to all owners of mineral interest in the subject property and
publish the notice provided by the Planning Department, in a newspaper of general circulation.
Both these notices must be mailed/published at least 30 but not more than 60 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing
and publication must be submitted at the time of public hearing.
Submitted By:
Western Slope Consulting
970-963-7172
Page - 6
• •
Ackerman Handcrafted Log Homes
Special Use Permit Application
The information contained within this application is complete and correct, to the best of my
knowledge:
Applicant:
Property Owner:
4.4
Date: July L 2002.
Date: July 2— 2002.
***Please submit 8 complete sets of application when submitting for review.
Page - 7
Submitted By:
Western Slope Consulting
970-963-7172
Names and Addresses of Adjoining Property Owners
Obtained from the Garfield County Assessors Office May 31, 2002
Name 1
Name 2
Parcel No.
Address
City
State
Zip
Bureau of Land
Management
P.O. Box 1009
Glenwood Springs
Colorado
81602-1009
Carbondale Corp.
2463-013-00-043
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-014
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-077
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-120
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-132
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-187
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-188
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-189
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-190
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-200
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-201
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-212
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Carbondale Corp.
2465-06-2-02-220
2000 South Colorado
Boulevard Tower Two Suite
1000
Denver
Colorado
80222
Garfield County
Commissioners
2391-31-3-00-015
109 8th Street Suite 300
Glenwood Springs
Colorado
81601-3363
Roaring Fork
Railroad Holding
Authority
2391-31-3-00-029
530 East Main Street
Aspen
Colorado
81611
St. Finbar Land
Company
Attention
Mort Heller
2391-31-3-00-024
534 Hyman Avenue
Aspen
Colorado
81611-1955
Joseph & Lorene
Buckmaster
2465-06-2-02-009
1094 South Steele Street
Denver
Colorado
80209-5133
Linda
Buerger
2465-06-2-02-078
19166 East Prentice Circle
Centennial
Colorado
80015
Roaring Fork
Preserve LLC
c/o Dave
McMorris
2393-363-00-009
201 Main Street Suite 203
Carbondale
Colorado
81623
Dale
Eubank LLC
2393-363-00-014
498 Rose Lane
Carbondale
Colorado
81623-9548
Charles & Karlyn
Fralick
2465-06-2-02-004
1374 Brookside Drive
Danville
California
94526-5148
Allan
Head
2465-06-2-02-134
717 10th Street
Glenwood Springs
Colorado
81601-3703
Peter & Mary
Prebble
2465-06-2-02-006
5155 Raleigh Street
Denver
Colorado
80212-2609
David
Rutledge
2465-06-2-02-003
3741 West 81st Place
Westminster
Colorado
80031
Verne
Ryan
2465-06-2-02-135
3935 Troost Avenue
Kansas City
Missouri
64110-1231
Sanders
Selby &
Phyllis
2465-06-2-02-076
3065 West Hawthorne Place
Denver
Colorado
80221
Caroline & Eric
Smith c/o
Smith &
Metalitz LLP
2391-31-3-00-025
1747 Pennsylvania Avenue NW
Suite 825
Washington
DC
20006
06/28/2002 15:23 9709458665
•
SCARROW & WALKER INC PAGE 01
LEGAL DESCRIPTION
A PARCEL O1•' LANE) SH UATED IN GOVERNMENT LOTS 21 AND 22, SECTION 36,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6Th PRINCIPLE MERIDIAN,
GOVERNMENT LOT 14, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE
6rh' PRINCIPLE MERIDIAN AND GOVERNMENT LOTS 1 AND 2, SECTION 1 TOWNSHIP
8 SOU'T'H, RANGE 88 WEST, OF THE SIXTH PRINCIPLE MERIDIAN BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1; SAID
NORTHEAST CORNER SECTION 1 ALSO BEING THE NORTHEAST CORNER
OF SAID GOVERNMENT LOT 1 ALSO BEING THE POINT OF BEGINNING FOR
THIS DESCRIPTION; THENCE S 49°35'00" W, 1440.63 FEET; THENCE N 11°15'19" E,
518.13 FEET; THENCE N 32°24'47" W, 144.17 FEET; THENCE N 65°19'05" W, 101.49
FEET; THENCE N 10°13'55" W, 210.23 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE
ALONG SAID SOUTHERLY RIGHT-OF-WAY N 81°22'43" E, 1533.00 FEET TO A POINT
ON THE EAST LINE OF GOVERNMENT LOT 14; THENCE ALONG SAID EAST LINE S
00°30'00" E, 431.39 FEET TO TIE SOUTHEAST CORNER OF SAID GOVERNMENT LOT
14; THENCE ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 14 S 89°10'00" W,
512.04 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 36; THENCE ALONG
SAID EAST LINE S00°00'33" W, 716.86 FEET TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINING 35.02 ACRES, MORE OR LESS.
1
SEE ! P 1;10.
2 3-26
26
JYJd-U/
Et 21
1V
2.
25
7.
lift eft.
t
�► r�����II����_III�: r Ar I1________ _ 285 9//_I
o I II4r4S c ��//.� ` --
kir .__ ///� / ..�..� ,.�^:oma
CODSc+ /'/7 �'.f'!l S%//I .QeN/'N T �D.1R/NG FORS �.
2391-303-00-006
Id 2391-303-00-007
TAX EXEMPT
CARBONDALE DUI.
151
`♦
�\ I= SIZ9 D!!/ �1�� i ``,�r
�� iI Ii• ,� `AO
•,
mo•i.��.i►.
. 3=7 /i/
CouNTY
SEE MAP NO.
2393-35
35
SA ?RP
TRACTS
R0A„^
100
2393-361-00-005
Nr 2363-011-00-016
2393
T. 7 S. — R. 88 W.
Exhibit — B
Assessor Map
393
Adjoining 2393-343
-1P.
IR
Adjoining 2393-344
IR -211 IR -MF
SEE \ MAP
2463-032
Adjoining 2393-35
2463-021-00-011
I IN
1-
T
2 \ASPEN.
\\
CRYSTAL RIVER
Adjoining 2393-36
41
V
2i
016
5+
1
163-032-00-021
12
5� SEE MAP 2463-02
T
043
T 13
18 A 19
2483-034-00-030
a
1
-10 -
FF \4)%P
41
-11
12
xxx�xxrv�
Boundary
Mountain 1
At Prince
Lot '
Lot 2
Lot 3
Lot 4
003
Prince Creep
RANCH
AT 1
ROAR/NC
FORK
2463-011-00-016
Lot 1 QfilD p ® 16
162
'UN
st1DMESA PUb
SUED/VIS/ON '
/
•
'-----�--
_ .OPS ..�
023a
Go•
era e141.213 C.
a
CED
ems,..a
m.,,o r m ,�a
CD ao ,,,„T,...-:
se
®
0
222
•�
30
.,., K.
- ,
C u„ C
101 ,.
leve ��
�: Wind River R...
a f
,w
g
SEE MAP NO.
2391-30
ao
� �
:
1
fl
•,'
„�
rum �
008 w „
�...� e•••,, .
Oi an, n i4
€13)
Rood
LION'S
RIDGE
ill
®=�• t
e
c... s ®•.
ESTATES
®
® ,M. .
`
tit
a 23
0
Redo% S b-d'n'. Phase ,
ASPEN �e
StgTE HIGHugy
S "E MAP NO.
Cris* Roushsw-eMono
SEE MAP N e
/.
//
EQUESTRIAN
ESTATES e
2
■ 2391-32
2391-33
.
N,
1,
`
C)/31
SEE MAP NO.
ROAR
ING'`�R
2391-31
, gc ' K
'
R•OW.
v v Y ���n
9LH gLy,P/DARY
'
R.R.
'
":7F-4P2ROW
OPir
/ ��
TE -K£ -K/ ESTATES
.ea—nAo_nn_m,
P®
COWRY N
APPRtl
COWsIKO
2463-013-00-043 7
MIS AW 1S Nr IAFO I tIdlG RIM= OCL r
BLACK ACK IUB MED 04
LAST fARCLM. IMI UM 240
0
1600
Join/
3600
1800
900
2391
T.7S. - R.87W.
rmony Rood
00EReERG
&u8 -DN.
•
....'"4vV �Mr.I•�•�.m ,.... .1gYal.n P.*:•*•Itf !1 .. M.M!M •Y•ML7Tf r•�..,na1•,
itecgption No....2
109 phis. 3. Kee&
'F MVtM
Book 364
Recorder. age 109 G
THIS wi.
li3 DEED, Made this ,. A day of February
in the year of our Lord one thousand nine hundred and sixty-five
between
R. A. COFFMAN and FLO M. COFFMAN
of the County of Garfield
and Stat of Colorado, of the first part, and
Exhibit — C
REX A. COFFMAN and JoANN G. COFFMAN Deed & Legal Description
5T
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
-DOLLARS,
to the said part i e s of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lots or parcel s of land, situate, lying
and being in the County of Garfield 'and State of
Colorado, to -wit:
Lots 12, 13, 16 and 17, Section 36, Township 7 South, Range 88 West
of the Sixth P. M.; Lot 14, Section 31, Township 7 South, Range 87
West of the Sixth P. M.; Lots 21, 22 and 23, Section 36, Township 7
South, Range 88 West of the Sixth P. M.; Lots 1 and 2, Section 1,
Township 8 South, Range 88 West of the Sixth P. M.; consisting of
301.248 acres, more or less.
EXCEPTING the following described tract of land, to -wit:
A tract of land situated in Lot 23, Section 36, Township 7 South,
Range 88 West of the 6th Principal Meridian, more fully described
as follows: Beginning at a point on the North line of said Lot
23 whence the witness corner for the South Quarter Corner of said
Section 36 bears S. 69°45' E. 961.91 feet; thence S. 89°10' W.
483.91 feet along the North line of said Lot 23 to the Northwest
Corner of said Lot 23; thence South 707.62 feet along the West
line of said Lot 23 to the Southwest Corner of said Lot 23;
thence S. 89°24'40" E. 661.35 feet along the South line of said
Lot 23; thence North 632.72 feet; thence S. 66°14' W. 31.76 feet;
thence S. 82°30' W. 52.93 feet; thence N. 79°14' W. 97.63 feet;
thence North 90.13 feet to the North line of said Lot 23, the
point of beginning. Containing_ 10.51 acres, more or less.
Togetler with any and all water and water rights, ditches and ditch
rights belonging to or used upon, or in connection with the above
described property.
Also tgether with 134 shares of .stock in the North Thompson -Four Mil
Mineral and Land Corporation, and all grazing rights and privileges
represented thereby.
Also together with the right to graze 84 head of cattle upon the
public domain as granted by the Bureau of Land Management.
EXCEPTING mineral reservations of record and easements and rights-
of-way of record for roads, highways, ditches, telephone, telegraph,
and power lines.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said parti e S of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
Ne. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Printing Company, 1824-48 Stout Street, Deaver, Colorado
Book 364 Pa`,c 1�
•
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
raid parties Qfthe eecvdd part, their heirs and assigns forever. And the said part les of the first part, for
theme vis , the ilteirs, executors, and administrators, do covenant, grant, bargain and agree to
anwith the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritancein law, in fee simple, and ha ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, except 1965 taxes.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part have hereunto set their hand s and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
1 ss.
County of GA,RFIELI) 1
0 FtN/I' v e$uing instrument was acknowledged before me this j r` ` day of February
69 1$"r;.R, A. COFFMAN and FLO M. COFFMAN.
.:••••• 'yalt4 uttiasion expires , 19 . Witness my hand and official seal.
�.L..�..'//.-e [SEAL]
A. COFFMA
7 (6.g., F�LC�I v [SEAL]
[REAL]
113
;TES vMY, :�r'"GS} e=
0 f j fi, 0;41,9,1 person or peasoas here insert name or names; if by persona acting in representative or official capacity oras attorney-in-fact,
tifflaMea%10 nf parson sa executor, attorney-in-fact or other opacityor description; if by offices of corporation. then insert name of such
aa the president or other officers of such corporation. naming it.
eF.
Notary Public.
co
ao
z
C.i
fr
i
D-Ei
U
LY
O
F
A. COFFMAN
N G, COFFMAN
y
as ti ~
H W T O
O
Send future tax statements to:
I
r
i
THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY
SOUTHERN PACIFIC TRANSPORTATION COMPANY
Exhibit — D
RTA Access License
P.O. Box 5482 • Denver, Colorado 80217
REAL ESTATE DEPARTMENT
April 21, 1993
File: Contract No. 30959 t
iler:&
3
Rex and Joann Coffman
1837 County Road 100
Carbondale, Colorado 81623
Dear Mr. Mrs. Coffman:
Enclosed, for your records, is a fully executed copy of
Private Way License covering a private road crossing at Mile Post
375 + 2956 feet near Carbondale, Colorado, designated in Rio Grande
files as Contract No. 30959. Please refer to this mile post
location and file reference in any future correspondence.
-\\
t‘• e\a'
lit
Yours truly,
D. G.
Asst.
Webster
Manager of Contracts
Enclosure
• •
Contract No. 3 0 9 5 9
PRIVATE WAY LICENSE
THIS AGREEMENT, Made and entered into this 14thday of October A.D. 1992,
by and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of
the State of Delaware, hereinafter called the "Licensor" party of the first part,
and REX A. COFFMAN and JOANN G. COFFMAN, whose address is 1837 County Road 100,
Carbondale, CO 81623,
hereinafter called the "Licensee" party of the second part:
WITNESSETH, That the Licensor, for and in consideration of the covenants and
agreements of the Licensee herein contained and upon the terms and conditions
hereinafter set forth, hereby licenses and permits the construction, maintenance and
use of the Private Way or private ways hereinafter described (hereinafter called
"Private Way") across the right of way and track or tracks of the Licensor as herein
specified, to wit:
A 16 feet wide private road crossing at grade extending southerly at right
angles across the 100 feet wide right of way and main track of the Licensor's
Aspen Branch at Mile Post 375+2956' near Carbondale, Garfield County, Colorado,
within the SESE of Section 36, T7S, R88W, 6th P.M.
This License is expressly conditioned upon the performance by the Licensee
of all and singular the covenants and agreements hereinafter set forth to be by
said Licensee kept and performed, each of said covenants and agreements being hereby
made a condition; and it is also hereby stipulated that a waiver by the Licensor of
any breach of any condition shall in no way impair the right of the Licensor to
avail itself of any subsequent breach of the same or any other condition.
PRIVATE WAY as and wherever said term is employed herein, shall mean a way
for travel for pedestrians, vehicles, implements and live stock. Licensee agrees
said Private Way shall be used for the following purpose and for no other, to -wit:
Ingress and egress to rea#denoe. private business.
And said term shall include such grading, approaches, planking, ditches,
drains, tiling, drain boxes, culverts, cattle guards, wing fences and fences, gates
with proper hinges and latches, raising of telegraph, telephone and signal wires for
proper clearance, and such signals, bells, sign post and signs and other safety
devices as shall in the particular instance be required by the Licensor, or which
may now or hereafter be prescribed and required by any law, State or Federal, or by
any order of any officer or regulatory board, State or Federal, having jurisdiction
over such matters.
The foregoing License is subject to all outstanding superior rights (including
those in favor of telegraph and telephone companies, lessees of said right-of-way
and others) and the right of the Licensor to renew and extend the same.
1. If the Licensor shall elect to construct said Private Way or a
portion thereof, and shall so notify the Licensee, the Licensee agrees to pay to the
Licensor, in advance, such sum of money estimated to be $-0-, as shall be necessary
to construct such portion or all of said Private Way, including the cost of all
necessary material and the transportation thereof and the cost of all labor and
superintendence. If the Licensor shall elect not to construct said Private Way,
the Licensee shall furnish material for, and construct said Private Way at the sole
cost and expense of the Licensee, in such manner and according to such plans as the
1
JI 1
• •
Licensor may deem best for the safety and proper protection of the track, roadbed
and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the excess shall
be returned to the Licensee, if such amount should not be sufficient to cover the
expense of work done by the Licensor, the Licensee shall pay such additional amount
to the Licensor on demand.
2. The Licensee shall, at the sole cost and expense of the
Licensee, maintain, repair, and reconstruct, whenever necessary and when required
so to do by the Licensor, said Private Way and all its appurtenances in accordance
with plans and in a manner satisfactory to the Licensor; and at all times keep said
Private Way in a good state of repair; the Licensor, however, shall have the right,
if it so elects, at any time, though it shall be under no obligation whatever to do
so, to make necessary or proper repairs or to reconstruct said Private Way,
notwithstanding the obligation of the Licensee to maintain, repair and reconstruct;
and in the event the Licensor at any time elects to repair or reconstruct said
Private Way, the Licensee shall, upon presentation of estimates, advance such sum
of money as the Licensor may deem necessary for such repair or reconstruction, or
upon bill being rendered for work already done, the Licensee shall reimburse the
Licensor for the cost of such repair or construction. The optional right of the
Licensor to make repairs or to reconstruct said Private Way shall in no manner or
degree relieve the Licensee from responsibility to the Licensor or to other persons
or corporations for the failure of the Licensee to properly maintain or reconstruct
said Private Way, or any structure which the Licensee agrees, as aforesaid to
maintain or reconstruct.
3. The Licensee agrees to pay to the Licensor, in advance, the sum
of $ 250.00'** , as consideration for license and permit herein granted.
4. If at any time after the installation of said Private Way, any
law, State or Federal, or any officer or regulatory board or commission, State or
Federal, having jurisdiction, shall require any alterations, changes or improvements
of said Private Way and of its appurtenances, as herein defined, or any additional
safeguards, protection, signals or warnings, the same shall be constructed,
maintained and operated at the sole expense of the Licensee, as herein provided with
respect to maintenance, repair, reconstruction, etc., in paragraph 2 hereof.
5. The Licensee shall not enter upon the premises for the purpose
of constructing said Private Way nor for the purpose of repairing or renewing the
same, without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent, except in cases of emergency when
work is necessary to avert loss or damage to property. A11 work of construction,
maintenance, operation or reconstruction shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted
use of the tracks and property of the Licensor as to operation, maintenance,
renewals or possible new construction by the Licensor.
6. This License shall not be deemed to give the Licensee exclusive
possession of any part of the premises described, but the Licensor shall have
unimpaired right to retain its track or tracks as now owned and operated at the
place of construction of such Private Way, and nothing shall be done or suffered to
be done by the Licensee at any time that shall in any manner impair the usefulness
or safety of said track or tracks of the Licensor or of any track or improvement to
be hereafter constructed. The Licensor shall have the right at any and all times
hereafter to construct, maintain and operate such additional tracks, structures and
2
• •
improvements where said Private Way is to be constructed and across the same, as it
may from time to time elect; and in case of any change at any time in the
arrangement, construction or plan of the Licensor's tracks, or in case of the
construction of any buildings or improvements by the Licensor, said Private Way
shall be altered or entirely removed by the Licensee at the sole cost and expense
of the Licensee, in such manner as may be necessary to conform to the tracks,
building or improvements of the Licensor as so changed, altered or improved, and if
the Licensee shall fail to do any of the things in this paragraph enumerated, the
Licensor may do or cause the same to be done at the cost of the Licensee.
7. The Licensee shall at all times protect, indemnify and save
harmless the Licensor from any and all claims including claims of negligence against
Licensor, demands, judgments, cost, expenses, and all damage of every kind and
nature made, rendered or incurred by or in behalf of any person or corporation
whatsoever, in any manner due to or arising out of any injury to or death of any
person, or damage to property of any person or persons whomsoever, including the
parties hereto and their officers, families, servants and employees, in any manner
arising from or growing out of the construction, maintenance, operation, repair,
extension, renewal, existence, use or removal of said Private Way, or the failure
to properly construct, operate, maintain, renew or remove the same, and from all
costs and expenses, including attorneys' fees connected in anywise with the matters
and things contained in this Agreement. Neither the right of supervision by the
Licensor of the location, installation, operation and the maintenance of said
Private Way, nor the exercise or failure to exercise said right, nor the approval
or failure to disapprove, by the Licensor of the location, installation, operation
and maintenance of said Private Way, nor the election of the Licensor to construct
or reconstruct the whole or any part or to repair said Private Way, shall be deemed
a waiver of the obligations of the Licensee contained in this paragraph or a release
therefrom, or from any other obligation of this agreement resting upon said Licensee
that is hereinbefore or hereinafter expressed or implied.
8. If the Licensee shall fail to locate, construct, operate,
repair, extend, renew or remove said Private Way in accordance with the terms of
this License and to the entire satisfaction -of the Licensor, or shall fail to pay
to the Licensor any sum of money for the construction, repair, extension, renewal
or removal of said Private Way, or shall fail to adjust the said Private Way to any
changes made by the Licensor, or shall in any respect fail to keep and perform any
of the conditions, stipulations, covenants and provisions of this License to be kept
and performed by the said Licensee, this Agreement shall at the option of the
Licensor be void and of no effect; and this License shall cease and the Licensor
shall have the right to remove said Private Way and restore the right of way and
premises of the Licensor at any time thereafter at the sole expense of the Licensee.
Any forfeiture hereunder may be claimed by the Licensor without notice to the
Licensee. Any notice herein provided for shall be sufficiently given and delivered
if mailed in an envelope properly stamped and addressed to the Licensee at the last
known post office address, or if no address is known, at the post office nearest to
the place where the said Private Way is located.
9. Non-use of such Private Way for the purpose "for which it was
originally constructed, continuing at any time for the period of one year, shall
constitute an abandonment of this License. Unless so abandoned or terminated, as
hereinabove or hereinafter provided, this License and Agreement shall remain in full
force and effect until terminated by written notice given by either party to the
other party not less than sixty days in advance of the date of such termination; but
it is understood that if at any time the maintenance and operation of said Private
Way shall be inconsistent with the use by the Licensor, of the right of way for
railroad purposes, this License shall immediately cease ipso facto.
•
• 1
10. Within thirty days after the termination of this License
howsoever, the Licensee at Licensee's sole expense, shall, if the Licensor so
desires the Licensee to do, remove the said Private Way (including all approaches,
planking, gates, and all other structures constructed in connection with said
Private Way) and restore the premises of the Licensor, including all right-of-way
fences, to a condition which will be satisfactory to the Licensor, and if the
Licensee fails so to do, the Licensor may do such work of removal and restoration
at the expense of the Licensee. In the event of the removal of the Private Way as
in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removal, and such removal
shall not prejudice or impair any right of action for damages or otherwise which the
Licensor may have against the Licensee.
11. (This paragraph left blank intentionally.)
12. The covenants, stipulations and conditions of this Agreement
shall extend to and be binding upon, the Licensor, its successors and assigns, and
shall extend to and be binding upon the Licensee and the heirs, administrators,
executors, successors and assigns of the Licensee (as the context may admit), and
the term "Licensee" used herein shall be held to include such persons,
copartnerships or corporations as are mentioned herein as of the second part. The
Licensee shall not assign this License or any interest therein directly or
indirectly, nor encumber the same without the written consent of the Licensor first
had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed the day and year first hereinabove written.
ATTEST:
ATTEST:
4
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
By:
Vice President
Licensee Rex A. Coffman
Lic see JoAnn G Coffman
Exhibit - A
Ackerman Handcrafted Log Homes
Special Use Permit
Site Plan
County Road 100
llllll
„n,ln,lll.,,,l,,,llllll,,,,, lllllllllllllll lllllo10" olll.11llllllllllllllllllllllllllollulllon.lullul39',0ll
111111111111111
■ 05'-6 74
Office
-9.
195
Log Storage/NandUng/Prep,
•
6'-1
59'-6
N
Sc le"=1'
May 24, 2002
Western Slope Consulting
970-963-7172
Scup
•
Please Send Application to the Following Referral Agencies
Application Name: CO
44mA /
Mt. Sopris Soil Conservation District
Bookcliff Soil Conservation District
Town of DeBeque
City of Rifle
Town of Basalt
7•N Town of Carbondale /
City of Glenwood Springs
Town of New Castle
Town of Silt
Town of Parachute
Eagle County Planning Department
Rio Blanco County Planning Department
Pitkin County Planning Department
Mesa County Planning Department
Burning Mtn. Fire District
Town of Silt Fire Department
Rifle Fire Protection District
Grand Valley Fire Protection District
Carbondale Fire Protection District
Glenwood Springs & Rural Fire
RE -1 School District
RE -2 School District
School District 16
Carbondale Sanitation District
Battlement Mesa Water & Sanitation
Spring Valley Sanitation District
West Glenwood Sanitation District
Mid -Valley Metropolitan Sanitation District
Roaring Fork Water and Sanitation District
Holy Cross Electric
Public Service Company
KN Energy
Western Slope Gas Company
US West Communications (G.S. & C'dale area)
US West Communications (N.C., Silt, Rifle)
US West Communications (Rifle, B.M., Parachute)
AT&T Cable Service
Colorado State Forest Service
Colorado Department of Transportation
Colorado Division of Wildlife (GWS Office)
Colorado Division of Wildlife (GJ office)
Colorado Dept. of Public Health & Environment
Colorado Division of Water Resources
Colorado Geological Survey
Colorado Water Conservancy Board
Colorado Mined Land Reclamation Board
Bureau of Land Management
Department of Energy — Western Area Power Admin.
Bureau of Reclamation — Western Colorado Area Office
US Corps of Engineers
Northwest Options of Long Term Care 7±...`
Roaring Fork Transportation Authority J
Garfield County Road & Bridge J
Garfield County Vegetation
Garfield County Housing Authority
REFERRAL FORM
•
Garfield County Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
(970) 945-8212/Fax: (970) 384-3470
Date Sent: q/0a-
Return Req 3 sted:0
a 3�
I�
File Name(s)
Project Name(s)
Type of Application(s)
Akerman/Coffman
Special
Use Permit
Road & Bridge
Staff Planner: Tamara Pregl
Phone: 945-8212
Applicant: Rex Coffman (property owner), Skip Ackerman
Phone:
Contact Person: Davis Farrar — Western Slope Consulting
Phone:
963-0119
Location: 1837 County Road 100, Carbondale
Summary of Request: SUP for the continued operation of an existing handcrafted log home processing
business.
The Garfield County Planning Department has received a land use request as referenced above. Your comments
are an important part of the evaluation process. In order to review all appropriate agency comments and
incorporate them into the Staff Report, we request your response by September 23, 2002
GARFIELD COUNTY
School District
Road & Bridge
County Attorney
COLORADO STATE
Water Resonrees
RI M
Geological Survey (Fee)
Health Department
Forest Service (Fee)
Wildlife Division
SERVICE DISTRICT
T J S West
Public Service
Holy Cross Electric
G.S./Carbondale Fire District
SiIt/New Castle/Rifle Fire District
Soil Conservation District