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HomeMy WebLinkAbout3.0 Director's Determination 07.07.2017ICGarfield County July 7, 2017 John Taufer PO Box 2271 Glenwood Springs, CO 81602 DIRECTOR DETERMINATION - Dear Mr. Taufer; Administrative Review Land Use Change Permit — Mellin — Contractors Yard and Fabrication - Garfield County File Number GAPA-05-17-8542 This letter is being provided to you as the authorized representative for an application for a General Administrative Review Application for a Contractors Yard, Small and a Fabrication facility on property owned by Urien Mellin. The proposed use is located in Sections 8, T7S, R88W and known by Assessor's Parcel No. 239308300013. The property is generally located 5 miles south of the City of Glenwood Springs on County Road 110. The Director's Determination on the Application is based on the following findings. 1. That proper public notice was provided as required for the Director's Decision 2. That the Application does NOT adequately meet the requirements of the Land Use and Development Code of 2013, as amended. Specifically, the Application does not meet Section 7-102, Compliance with the Comprehensive Plan; Section 7-103, Compatibility; and 7-301, Compatible Design. 3. That the application is NOT in general conformance with the 2030 Comprehensive Plan, as amended. Specifically, the Application does not meet Chapter 3, Section 4: Economics, Employment and Tourism, Policy #3, Policy #4, Policy #5, and Strategies/Actions #4. 1 A Director's Decision is hereby issued denying the Application for the following reasons as further discussed in the Staff Report dated July 7, 2017 and attached as Exhibit A. - The nature, scale, and intensity of the proposed use is not compatible with adjacent land uses (Section 7-103). - The design of the proposed development is not compatible with the existing character or adjacent uses (Section 7-301). - The location of the proposed facilities is not consistent with the Comprehensive Plan of 2030 (Section 7-102). This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. According to the Land Use and Development Code, Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the Applicant, or any affected Adjacent Property Owner." Should this time period pass with no request for review or public hearing, the decision shall be final. Please contact this department if you have any questions. Sincerely, ower, AICP D rector of Community Development Department Board of County Commissioners file 2 Directors Determination — Exhibits EXHIBIT 4 McIlin — Fabrication and Contractors Yard, Small - Administrative Review Applicant is Uriel McIlin July 7, 2017 (File GAPA-05-17-8542) Exhibit Letter (Numerical) Exhibit Description 1 Public Notice Information Form 2 Return Receipts from Mailing Notice 3 Garfield County Land Use and Development Code, as amended 4 Garfield County Comprehensive Plan of 2030 5 Application 6 Staff Report 7 Referral Comments from Garfield County Road and Bridge Department (dated June 1, 2017) 8 Referral Comments from the Garfield County Designated Engineer, Mountain Cross Engineering (dated June 21, 2017) 9 Referral Comments from the Carbondale and Rural Fire Protection District (dated June 21, 2017) 10 Referral Comments from Garfield County Vegetation Management (dated June 21, 2017) 11 Letter from Dwight and Karla Felkey (dated June 26, 2017) 12 13 14 15 16 17 18 19 20 21 McIlin Fabrication and Small Contractor's Yard GAPA-05-17-8542 July 7, 2017 - DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING Administrative Review - Land Use Change Permit - Fabrication and Small Contractor's Yard Uriel McIlin John L. Taufer The proposed use is located at an unaddressed parcel on CR 110, approximately 5 miles south of the City of Glenwood Springs. The property is located in Section: 8 Township: 7 Range: 88 on a part of that property known by Assessor's Parcel No. 239308300013. Overall tract 10.997 aces in size. Rural (R) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for a Fabrication facility consisting of a 10,000 square foot metal building and a Small Contractor's Yard 15,825 square feet in size on part of an overall tract that is 10.997 acres in size. The Fabrication facility and Contractors Yard are proposed to occupy the northwest portion of the lot adjacent to CR 110. The access driveway from CR 110 will be a new access point that has been represented to be built to the Standards outlined in Section 7-107 of the Land Use and Development Code (LUDC). Water is to be provided by the Cattle Creek Water Association (CCWA) via a %" tap. Wastewater is to be handled by a new Onsite Wastewater Treatment System (OWTS). No painting or varnishing of products has been proposed. The application provides the following description of the proposal. The applicant is proposing to develop a fabrication shop and small contractor yard on the northwest corner of the parcel. As previously noted, this area consists primarily of slopes in the range of (6.5-12%). The vegetation in this area consists primarily of native grasses. The applicant is proposing to construct a 10,000 square foot one story shop that will be used for cabinet making, wood working and material storage. As anticipated on the Site Plan, the building orientation is from west to east. Exterior material will consist of non- combustible metal on both the roof and building facade. One (1) small bathroom is proposed and will be located in the eastern end of the building. The building access is from the south side of the building. Access to the building is via four (4) overhead doors and two (2) man doors. The north, east and west sides of the building will be solid building facade. The small contractor yard, including parking and circulation, measures approximately 15,825 square feet in size. The yard is situated on the south side of the building. The yard and building are accessed from a driveway intersecting with County Road 110. A 10 foot wide asphalt apron will be provided on the access road at the intersection with County Rod 110. A 10 foot concrete apron will extend along the entire south side of the building. Both the access road and contractor yard surface will be gravel. The roadway cross section conforms to the standards of a semi -primitive road. A combination concrete and boulder retaining wall is proposed along the eastern edge of the contractor yard. The concrete portion of the wall will extend from the south east corner of the building approximately 20 feet. The wall will then transition into a tiered boulder retaining wall that extends approximately feet to the south and west. Maximum height of the walls will be 12 feet at the highest point and then transitioning to meet grade on the southwestern edge of the wall. Both the concrete and boulder walls will be engineered by a professional engineer licensed in the State of Colorado. It is anticipated that 6 employees will be working at the site. The fabrication operation will consist of cabinet making, wood working and storage of materials. The hours of operation will be from 7:00 a.m. through 7:00 p.m. Monday - Friday. All wood working operations will occur within the building. II. DESCRIPTION OF THE SITE The site sits approximately 0.8 miles west of Highway 82 on County Road 110. The site is setback approximately 25 feet from County Road 110 and is visible from this Road. The property is comprised mainly of native vegetation with some areas where fill has been brought onto the site and grading has occurred. This area of disturbance is in the northwest corner of the property and in the general location of the proposed uses. The nearest residence is approximately 175 feet to the west of the proposed use. A second residence is approximately 500 feet to the west on County Road 110. 2 Evergreen COMM Location M p L iy 1.11 �'s ,' omm -e., 'ea Y4111111 County Road 114 „0 County Road 110 Subject Parcel River Edge Colorado I Li CMC 113 3 Aerial View of Subject Parcel (Neighborhood View) Aerial View of Subject Parcel (Close Up View) ar o m;zr,e riKe. � c :7- 4 Site Plan CR 110 UTciPotT131.4L Ir.i 'LWJ Fabrication Building Contractors Yard and Vehicle Maneuvering Area ere 3 a .e 's -- e - cue Site Plan (Detailed) Fabrication Building — 10,000 Sq. Ft. Retaining Wall Contractors Yard — 4,300 Sq. (Total Contractors Yard, Parking and Circulation: 15,825 Sq. Ft.) 5 III. APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designate Fabrication and a Small Contractor's Yard within the Rural Zone District as requiring Administrative Review. Article 15, Definitions sets forth the method for measuring the size of a small Contractor's Yard Area, measuring around the perimeter of the Contractor's Yard in a box or series of boxes. The Applicant's proposal is at 15,825 square feet for a Small Contractor's Yard based on this measurement methodology. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. In addition, the Fabrication facility and Contractors Yard are subject to Section 7-1001, Industrial Use standards. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. IV. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed. One letter of public comment in opposition to the project has been received from Dwight and Karla Felkey (See Exhibit 11). Referral comments received on the Application are attached as Exhibits and summarized below: 1. Garfield County Consulting Engineer, Mountain Cross Engineering (Exhibit 8): • There does not appear to be an easement for the water line that originates on the neighboring parcel. The Applicant should explain if there is an easement for construction and/or maintenance. • The Applicant should verify that the Fire Marshall has no comments concerning fire apparatus or fire flows. • The Applicant should discuss traffic impacts on the adjacent County Road and if the existing road dimensions are congruent with the road designation based on the estimated ADT. • The Applicant should address if the area of disturbance is larger than 1.0 acre. Additional permitting may apply. • The water tap for the proposed use has a 500 gallon per day limit per CCWA. The Applicant should address if the proposed use and the proposed future residence may exceed this limit. 2. Garfield County Vegetation Manager (Exhibit 10): • Indicated that the application generated no comments 6 3. Garfield County Road and Bridge (Exhibit 7): • A Driveway Permit (GRB-17-D-11) was issued on 5-23-2017. Addressed in this permit was driveway access sight distance, stop sign, drainage, width of driveway, and an asphalt or concrete apron. Completion date is 30 days from issue date. • County Road 110 is traveled by a lot of young drivers commuting to and from CMC campus. It is narrow, very little or no shoulders, sharp corners and very steep grades. We discourage any Targe trucks from using this road. Would recommend delivery trucks that need to use County Road 110 come in from County Road 114 and go out using the Cattle Creek Hwy 82 intersection. • A reminder snow must be pushed into the property and not out into the county road and no parking on the county road. 4. Carbondale and Rural Fire Protection District (Exhibit 9): • Access. Access to the site for fire apparatus appears to be adequate off County Road 110 via the proposed new driveway. • Fire Sprinkler System. Both the County's Building Code and Fire Code require a fire sprinkler systems for woodworking operations in excess of 2,500 square feet. Additionally, the County's Fire Code Amendments have sprinkler requirements based upon building floor area and construction type. It appears that both would require a fire sprinkler system for the proposed facility. The application acknowledges that it will comply with the fire sprinkler requirements. The fire sprinkler system's water supply volume, duration, and system design shall meet the requirements of NFPA 13, Standard for the Installation of Sprinkler Systems. • Water supplies for fire protection. There is limited water available in the vicinity for fire protection. Water supplies to the site would be provided by hauling water to the site via fire department water tenders. 5. Letter from Dwight and Karla Felkey (Exhibit 11): • Response to each of the Article 7, Divisions 1-3 as well as Article 7, Division 1001, Industrial Standards. • List of property owners opposed to this proposal. • CCWA Shareholder letter, dated January 21, 2004 • Letter from Kim McKinley, real estate broker, dated June 19, 2017 • Letter from Marianne Ackerman, real estate broker, dated June 16, 2017 6. Other agencies that did not submit comments include: (a) the Colorado Division of Water Resources, and (b) Colorado Parks and Wildlife. 7 V. STAFF ANALYSIS Article 7, Division 1: General Standards Section 7-101: Compliance with Zone District Use Regulations The property is in general compliance with Zone District Regulations for the Rural Zone District. As proposed, it appears that the Fabrication facility and Contractors Yard will meet the required setbacks for the Rural Zone District and the additional setbacks for Industrial uses. As the buildings are non-residential, they are restricted to a height of 40 feet. Section 7-102: Compliance with Comprehensive Plan and IGAs The site is identified Residential Medium (6 - <10 Ac/DU). Excerpts from the Garfield County Comprehensive Plan Future Land Use Map are provided below. LAND USE DESIGNATION Residential Medium (RM) DESCRIPTION Small farms. estates. and clustered residential subdivision; density determined by degree of clustering and land preserved in open condition: 0% open land - 1 du per <10 acres 50% open land - 1 du per 8 acres 70% open land - 1 du per 6 acres COMPATIBLE ZONING Rural (R) Planned Unit Development (PUD) Density of residential uses: 1 du per 6 to < 10 acres Example: 8 Future Land Use Map Highway 82 110 Med Density Residential Low Density Residential Subject Parcel L Relevant goals and policies from the County Comprehensive Plan are outlined as follows: Chapter 3 - Section 4: Economics, Employment and Tourism Policy #3: Garfield County will encourage the development of a diversified industrial base recognizing physical location -to -market capabilities of the community, and the social and environmental impacts of industrial uses. Policy #4: Ensure that transportation modes and nodes are directly linked with existing economic centers through development review process and inspection. Policy #5: The county will direct industrial developments to the airport center and other appropriately designated areas. 9 Strategies/Actions #4: Ensure that commercial/industrial developments are compatible with adjacent land uses and preserve the visual quality of the county. A letter submitted by Dwight and Karla Felkey state the following regarding compatibility (Exhibit 11): The land use near HWY 82 is a mix of residential and commercial, but once the highway is out of sight the land use is residential. He is requesting to build in a site that is not in sight of the HWY 82 access point. Provided the above designations, goals and policies, it is Staff's opinion that, for the below reasons, the proposed development is not in general conformance with the Comprehensive Plan of 2030. - The proposed location for this industrial development is designated as Residential Medium Density in the Comprehensive Plan. In accordance with Policy #5, above, the County will "direct industrial developments to the airport center and other appropriately designated areas". As this area is designated Residential, it is not a designated area for Industrial development. - Due to the size and scope of the Industrial development, it is not considered compatible with the adjacent residential uses and is highly visible from the public right of way (Strategies/Actions #4 and Policy #3). - The road infrastructure to the subject parcel is not considered ideal for heavy industrial traffic or increased overall vehicle traffic and as a result, this kind of development is more appropriately located on a parcel with higher quality road access (Policy #4). Section 7-103: Compatibility The application includes the following description of the surrounding land uses. Adjacent land uses on the west, south and east consist of rural residential while the land use to the north is public BLM land. The closest proximity of existing residential units are to the west of the property. Existing residential units to the east and south are quite some distance away and are not visible from the lower portion of this property because of ridge that extends along the east and south boundaries of the property. A commercial glass business is located approximately 1,500 feet to the west and a commercial marijuana grow operation are located approximately 2,050 feet to the west of this subject property. 10 The nearest residence is approximately 175 feet to the west of the proposed use. A second residence is approximately 500 feet to the west on County Road 110. It is worth noting that while the commercial glass business is approximately 1,500 feet the west, it is also on property zoned Commercial Limited and is designed Industrial within the Comprehensive Plan. In addition, it is understood from Garfield County Code Enforcement, that the identified "commercial marijuana grow operation" is has been represented to not be commercial, but an individual medical grow that is understood to be within the limits of the LUDC. View to the east on CR 110 (up valley) View to the west on CR 110 (down valley) Aerial View of Subject Property and Vicinity Highway 82 Subject Parcel CR 110 Zoning: Comm Limited Comp Plan: Industrial Zoning: Rural Comp Plan: Residential ri 11 Section 7-103 requires the following: "The nature, scale, and intensity of the proposed use are compatible with adjacent land uses." The LUDC further defines Compatibility as: "The characteristics of different uses or activities or design that allow them to be located near or adjacent to each other in harmony. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development." The proposal for a 10,000 square foot fabrication facility (cabinet making, wood working, and storage) along with 15,825 square feet of outdoor Contractors Yard is within an otherwise residential area. While it is understood that the definition of Compatibility does not mean that the uses are "the same as" each other, but rather that the characteristics of the different uses or activities allow them to exist in "harmony", it is Staff's opinion that the nature, scale, and intensity of the proposed industrial use is not compatible with the adjacent approximately 2000 to 3100 square foot residential uses. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The Applicant has indicated that there will be six employees at the site. As a result, the Applicant has provided a can and will serve letter from the Cattle Creek Water Association (CCWA). It is understood that CCWA will serve the property and proposed uses with one 3/4" tap that is capped at 500 gallons per day. The Application was referred to Mountain Cross Engineering who noted the following regarding water (Exhibit 8): There does not appear to be an easement for the water line that originates on the neighboring parcel. The Applicant should explain if there is an easement for construction and/or maintenance. The water tap for the proposed use has a 500 gallon per day limit per CCW A. The Applicant should address if the proposed use and the proposed future residence may exceed this limit. In addition, the Carbondale and Rural Fire Protection District provided the following comments regarding fire sprinklers (Exhibit 9): Both the County's Building Code and Fire Code require a fire sprinkler systems for woodworking operations in excess of 2,500 square feet. Additionally, the County's Fire Code Amendments have sprinkler requirements based upon building floor area and construction type. It appears that both would require a fire sprinkler system for the proposed facility. The application acknowledges that it will comply with the fire sprinkler requirements. The fire sprinkler system's water supply volume, duration, and system design shall meet the requirements of NFPA 13, 12 Standard for the Installation of Sprinkler Systems. Based on the can and will serve letter from the CCWA and subsequent conversations with the signatories on that letter, there appears to be adequate water to serve the daily needs of the proposed facility. However, as it is understood that fire sprinklers would be necessary for the Fabrication facility, an analysis of the water supply from the CCWA is necessary when considering the size of the tap and daily limitations on water supply as it relates to fire suppression. Such analysis should address whether a water storage tank is necessary for the fire suppression system, the size of that tank, and location of the tank. Further, it is understood that the property owner intends to build a single family home on the property as some point in the future. Due to the limitations of the CCWA water supply, this analysis should include whether or not this tap is physically and/or legally able to serve both the industrial and residential uses. As a condition of approval, Staff recommends that the Applicant provide a water analysis to address the aforementioned issues. Section 7-105: Adequate Central Water Distribution and Wastewater systems The facility is proposed to be connected to the CCWA water distribution system. The application addresses the water lines from this system and how it would access the property. One comment provided by Mountain Cross Engineering related to this system is as follows (Exhibit 8): There does not appear to be an easement for the water line that originates on the neighboring parcel. The Applicant should explain if there is an easement for construction and/or maintenance. CUP ONE utu 11113. 3.0314 11411,4 •YPOO Yw A I;. nr wn ros T �a PPS MOM. WOW PAPUA/ CCWA Hydrant on Adjacent Property 13 As a condition of approval, Staff recommends that the issue of legal access to the water line be addressed. Should an easement need to be executed with the adjacent property owner to obtain legal access to the water hydrant, Staff recommends that this be completed prior to issuance of the Land Use Change Permit. The property does not have access to a public sewer system. As a result, the applicant is proposing to install an Onsite Wastewater Treatment System (OWTS). Staff recommends a condition of approval that an OWTS permit be obtained prior to installing the system. Section 7-106: Adequate Public Utilities The Applicant has indicated that electricity is available at the site. It is understood that the Holy Cross line running to the property will need to be upgraded to a 3-phase line in order to support the industrial operations of the Fabrication facility. Staff understands that this upgrade will only require modifications to the transformers and will not impact the physical presence of the electric lines themselves. Section 7-107: Access and Roadways a. A referral letter from the County Road and Bridge Department (Exhibit 7) provided the following comments. A Driveway Permit (GRB-17-D-11) was issued on 5-23-2017. Addressed in this permit was driveway access sight distance, stop sign, drainage, width of driveway, and an asphalt or concrete apron. Completion date is 30 days from issue date. County Road 110 is traveled by a lot of young drivers commuting to and from CMC campus. It is narrow, very little or no shoulders, sharp corners and very steep grades. We discourage any large trucks from using this road. Would recommend delivery trucks that need to use County Road 110 come in from County Road 114 and go out using the Cattle Creek Hwy 82 intersection. A reminder snow must be pushed into the property and not out into the county road and no parking on the county road. As a result of these comments, Staff recommends that as a condition of approval any vehicles accessing this site use County Road 114 to County Road 110. b. The Traffic Study provided by the Applicant and conducted by High Country Engineering, indicates that the Fabrication facility and Contractors Yard will have 28 average daily vehicle trips. Of these trips, the report contemplates one delivery trip weekly. The conclusions by High Country Engineering is that the use will have minimal traffic impacts on the County Road 110 and County Road 114 which would be between 14 3.1% and 3.6% on each of these roads. As a result, no improvements to the Applicant's access or the County roads are proposed. c. Circulation within the Fabrication facility and Contractors Yard area is depicted on the site plan. The Applicant has indicated that the access road CR 110 will meet the dimensional requirements outlined in Section 7-107. Staff recommends a Condition of Approval that the roads be maintained to the standards outlined in Section 7-107. Section 7-108: Natural Hazards The Applicant has represented that there are no known natural hazards on the property with the exception to soil subsidence, which was identified in geotechnical report conducted by H -P Kumar. Staff recommends a condition of approval that the Fabrication building and Contractors Yard be constructed utilizing the recommendations from this study. Article 7, Division 2: General Resource Protection Standards Section 7-201 Agricultural Lands The property is not currently in agricultural production. Impacts to adjacent agricultural uses are expected be minimal to none. Section 7-202 Wildlife Habitat Areas The proposed Fabrication facility and Contractors Yard are proposed to be located in an otherwise undeveloped parcel. This application was referred to Colorado Parks and Wildlife (CPW), however no comments were received. It is understood that wildlife, such as mule deer and bear utilize the property currently. A review of CPW's publically available Species Activity Mapping (SAM) show the following species are identified to potentially utilize the property and the surrounding area. - Bald Eagle (Winter Forage and Winter Range) - Black Bear (Fall Concentration) - Elk (Severe Winter Range, Winter Range) - Mountain Lion (Overall Range) - Mule Deer (Winter Range, Severe Winter Range) - Wild Turkey (Overall Range) In addition, the letter from Dwight and Karla Felkey state the following regarding wildlife (Exhibit 11): We are visited by Bears, Mountain Lions, Bobcats, Coyotes, Foxes, Deer, Elk and owls to name a few. 15 Although comments from CPW were not received, it is likely that species that currently utilize the property will be displaced from the development area as a result of this proposal. The application indicates that the overall footprint would be approximately 0.67 acres and the remained of the property would remain relatively undisturbed. Section 7-203 Protection of Wetlands and Waterbodies No wetlands or waterbodies have been identified on the subject parcel. As a result, impacts to wetlands or waterbodies is not expected as a result of this proposal. Section 7-204 Drainage and Erosion The application includes a grading, drainage, and erosion plan that has been reviewed by the County designated engineer. This plan generated no comments from the engineering review. A detention pond is proposed adjacent to the facility and CR 110 appears to be adequate to accommodate the runoff from this development. Noted comments from adjacent property owners include the potential for smell issues from this detention pond. Staff understands that the applicant is proposing to clean the detention pond quarterly. In order to help ensure that a regular cleaning schedule is maintained, Staff recommends a condition of approval that the pond be clean quarterly, as proposed. 16 Proposed Grading and Drainage Plan Sections 7-205 Environmental Quality Impacts to air and water quality is expected to be limited typical impacts from motor vehicles. Section 7-206 Wildfire Hazards The subject property is identified as Very High according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In addition, no slopes over 30% have been identified and no fire chimneys are known to exist on the property. The application represents the following regarding wildfire danger. 17 The Community Wildfire Protection Plan (CWPP) identifies this property of having generally very high areas of wildland fire susceptibility. The fabrication building is situated in a clearing that is primarily vegetated with native grasses and on slopes 12% or less. Some pockets of pinon pine and juniper encroach into the building area located at the eastern end of the building. These trees will be removed to create a 30 foot wildland fire defensible space. Stands of pinon pine and juniper do dominate the remainder of the parcel but are uphill of the proposed development area. The vegetative makeup of the area directly downhill and to the west of the parcel is primarily manicured lawn, native grass with a grouping of evergreen and deciduous trees. This area does not pose a threat for wildland fire potential. All of the exterior building materials will consist of non-combustible metal. I met with Ron Leach, Chief, Carbondale Fire District to discuss wildland fire potential and he was not overly concerned with the potential hazard. The application was referred to the Carbondale and Rural Fire Protection District (Exhibit 9), who noted that access to the subject parcel appears adequate. In addition and as noted previously, it would be required that the Fabrication building be sprinkled. The District did note that water supplies are limited in the area and that fire to this property would need to be trucked to the site. Section 7-207 requires that if the development is subject to wildfire danger, as this property is, that the roof be composed of a noncombustible material. As proposed, this standard is met. To ensure compliance, staff recommends a condition of approval that any roof materials be noncombustible. Section 7-207 Natural and Geologic Hazards See Section 7-108, above Section 7-208 Reclamation This application was referred to the Garfield County Vegetation Manager who stated that he has no comments on this proposal (Exhibit 10). Comments were received from the Garfield County designated engineer who provided the following comment regarding disturbance. The Applicant should address if the area of disturbance is larger than 1.0 acre. Additional permitting may apply. 18 The application represents that the footprint of all facilities will be 0.67 acres. However, it is unclear as to whether this calculation is for all disturbance, including areas used for detention and retaining walls. Considering the comment received from the County designated engineer, above, Staff recommends a condition that a calculation be provided addressing the total area to be disturbed. In addition, this calculation should include a statement as to whether any additional permits will be required based on this level of disturbance. Article 7, Division 3, Site Planning and Development Standards Section 7-301 Compatible Design As noted in Section 7-103, it is Staff's opinion that the uses proposed are not compatible with the adjacent residential uses. This section, 7-301, is intended to address the physical compatibility of the development with adjacent properties. The proposed fabrication facility is intended to be a 10,000 square foot metal building with a 15,825 square foot Contractors Yard. The applicant has represented the following regarding Compatible Design. The proposed site plan anticipates the building function and associated contractor yard oriented to the south while the rear of the building is oriented toward County Road 110. The direction of orientation is advantageous in providing screening of the activities associated with the facility from County Road 110. In addition, a 45 foot long, 6 foot high privacy screen projects from the southwest corner of the building to screen the contractor yard from the county road. Additional screening is provided by the placement of large evergreen trees along the western boundary to screen the facility from the neighboring residential lot. The contractor yard is large enough to accommodate adequate vehicular circulation and material storage, adequate off street parking and snow storage. The developed portion of the parcel represents an area 6% of the total lot area while preserving the existing, natural characteristics of the site. The projected noise impacts from the facility are within state and county regulations detailed in the Noise Study, prepared by Hankard Environmental. The study is included in this application. While Staff agrees that the orientation of the building toward the hill and away from CR 110 and adjacent residences is appropriate, Staff questions the bulk of the building, visibility from the County Road and adjacent properties, as well as building material compatibility. The neighboring residential units generally range in size from 2300 to 3100 19 square feet. Considering the bulk of the 10,000 square foot building 25 feet off the County Road and 175 feet from the adjacent residence, it is likely this building will stand out as industrial development within an otherwise residential area. Further, while the Contractors Yard will be somewhat screened by the Fabrication building, it will likely remain quite visible from the public right of way and adjacent property owners. To this extent, the Fabrication building and Contractors Yard may detract from adjacent buildings and uses due to incompatibility. While the property owner has represented that some landscaping and fencing will be installed to help buffer the building and use, due to the size of the facility and topography of the area it is unlikely that fencing or landscaping could buffer this use to the extent that it would not detract from the adjacent uses and buildings. In order to mitigate the building and use to the extent possible, Staff recommends a condition that the landscaping plan be planted within 1 year following completion of construction. Proposed Landscaping Plan 111 I1 I II III it 1 - Regarding noise, the application includes a noise study conducted Hankard Environmental. Regarding the operation of the facility, the study has the following conclusion. 20 Table 5 shows the maximum exbecteci noise levels due tc operations within the fabniation building, along with the daN tune residential noise leN;c1 limits and the maximum daytime residential noise level for 1 5 minutes in an onc-lt)tir period per CRS §25-1 2 Noise sources modeled inside the fabrication shop in, ludo a ' hot.,,,power two-stage air ,:ompressor„ electrk- saw s, electric drills, Ild111111ers, ugd dnett II. I 'It: kJ lIu1construction used es a part of this anal, described the ,u d i the nnutitnal requirement to lco‘c ,k• l/k. -,hown 111 1 able 4. I '1-4,d lc lions worc made for three cases: ‘vith iJ dl)) r. 1 1 t h tho situ:m-11(1st garage door / 11111 k/U1C11, trIlk1 1111 110111 mon doors open. 'Mose perch,. ii, 1, 1hc \pected "worst-case" t.nsi u.s ids alai ant tot expo id to occur for 11101VI11li1 1111111,111", 111 .1'1 \ kille hour period, thus 1,-)-tuthrrto noe.r• lest#1 Iiniits apply (65 d14 A). Note that prodik tion locater-1 I'L03-North is in the dipc, Lon oi 01 lend. vhih isnot subject to CRS 25-1 IA hen operating the loudest egurpment #111 cioors strouk, r#,rriurrr 11 the opening of doors ts desired, lo remain in compliance with CR5 §25-I arid (.,arfield Count \ Land Use Ri•colution (od,' rth-le 7-101 11 2 , eithpr (1 ) up to two Tamil doors can he open, or {21 the tornmost garage door rnav be open TABLE 1: Maximum Permissible Noise Levels (dBA) - Colorado Revised Statutes §25.12 Daytime (1) 12) Nighttime 0 Land Use Zone (7:30 am to 7:00 pm) (7:00 pm to 7:00 ani) Residential 55 Commercial Licht Industrial 70 Inclusiriags 130 15 ‘1' During the daytime noise levels con inuea se by 10 dBA for 15 minutos tr) any oar. :tout pelod f'2) Noise level limit decreased by 5 d5A. to: intermittent shriri-type 50011th For conseucticc and tievelupirterit OpH alitn 11 hiihLpply u 11 /iii. TABLE 4: Maximum Predicted Fabrication Building Operational Noise Levels Location Pt 01 - Yiest P102 Wtst 11(13- WIN PL04 East P105 Fast P106 PLO7 -South R01 Re? - R03 R94 - R # e 15 -Minute All Doors Easternmost Both Mari Noise level Closed Garage Door Open Doors Open Limit Noise Level Limit" (dBA) (dBA) (dBA) (riflAt (dBA1 12 5/ 55 65 CO f /, 6 61 43 5? 1/ 1)1, 11 V 45 24 12 27 45 5 63 5/ Su 2 55 6.7. 17 24 tu -.tti 65 32 11 r:137. . s can1I1Cr 1E #: . Of 15 meiaies eticote f,rriod'r.) G %9 Iir," 31 55 15'D 21 Based on this analysis, no noise mitigation is expected to be required for the construction of the fabrication building. However, the following conditions apply to operation of the facility in order to comply with the noise aspects of CRS §25-12 and Garfield County Land Use Resolution Lode, Article 7-301 B.2.: 1) Fabrication Building Walls and Roof: Minimum STC of 31. This generally requires 24 gauge steel with 4 inches of fiberglass insulation (approximately R13) on the walls and b inches of insulation (aphroximatel) R19) on the e fling. Interior insulation is important as this directly affects the source noise level at the walls. Other materials can be used provided the protect architect can dot umolt per ASI M standards that the wall system will (1) achieve an STC 31 and (2) aehievo ,in interior Noise Reduction Coefficient of 0.9. 2) Garage Doors: These doors were assumed to be roll -up doors with an S FC of 20. Lar should he taken to ensure these doors have a good seal to the building when dosed. Man Doors: I hese doors were assumed to be standard hollow steel doors h ith good scats resulting in an STC of 28. 4) Exhaust Fan: This fan was assume. to be no louder than 65 dBA at 50 feet. Based on this analysis, Staff recommends the following conditions to help ensure compliance with State noise standards. - The Fabrication building walls and roof should have a Minimum STC of 31. This generally requires 24 gauge steel with 4 inches of fiberglass insulation (approximately R13) on the walls and 6 inches of insulation (approximately R19) on the ceiling. Interior insulation is important as this directly affects the source noise level at the walls. Other materials can be used provided the project architect can document per ASTM standards that the wall system will (1) achieve an STC 31 and (2) achieve an interior Noise Reduction Coefficient of 0.9. - All garage doors and man doors should maintain a good seal. The garage doors should have an STC of at least 20 while the man doors should have an STC of at least 28. - The exhaust fan should not exceed 65 DBA at 50 feet. - While machinery is in operation, all doors to the Fabrication building should remain closed. Section 7-302 Off -Street Parking and Loading Standards Adequate parking and circulation has been demonstrated. Sections 7-303 Landscaping Standards Industrial uses are not subject to specific landscaping requirements of the Code. However, the Applicant has proposed landscaping for this facility to help increase compatibility with adjacent land uses. Please see above description in Section 7-301. Section 7-304 Lighting The Applicant has represented the following regarding lighting. 22 Lighting will be minimal and will consist of some security lighting along the southern building face. The light fixtures will be cut-off in nature and will project lighting in a downward direction. Section 7-304 requires that all exterior lighting meet the following standards. A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. C. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light intensity, brightness, or color, shall be prohibited in all zone districts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. The letter from Dwight and Karla Felkey state the following regarding lighting (Exhibit 11): Any outdoor security lighting is inappropriate for this location. Our home has been crime free for our entire 24 years and we fear what an industrial building that needs security lighting will inject into our and our neighbors rural residential lives. Light pollution will fill what has been a beautiful untouched natural night sky upon our mountain top. Staff recommends that the 7-304 Standards be conditions of approval. In addition, Staff recommends that any lighting used at this facility be certified by the International Dark Sky Association (IDA). Section 7-305 Snow Storage Standards Adequate areas for snow storage is available for the proposed facility. 23 Section 7-306 Trail and Walkway Standards These standards are not applicable based on the proposed use. Article 7, Division 3, Section 7-1001: Industrial Use Standards The Application submittal addresses key industrial use standards from the Land Use and Development Code summarized with staff comments below: A. Residential Subdivision The location is not within a residential subdivision. B. Setbacks The proposed Fabrication facility and Contractors Yard uses are at least 100 feet from any residential property line. C. Concealing and Screening The proposed Fabrication uses are to be conducted within an enclosed building, as required. The Applicant has represented screening through landscaping and fencing. Please see Section 7-301. D. Storing The storage use will be a minimum of 100 feet from the property line. No hazardous or petroleum products have been represented to be stored on the property. Staff recommends the following conditions related to the storage standards. Materials should be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force. All products shall be stored in compliance with all national, State, and local codes. All storage should be a minimum of 100 feet from an adjacent property line and remain within the identified Contractors Yard area and/or Fabrication building identified within the site plan. - Any Petroleum and hazardous products should be stored in an impervious spill containment area(s). E. Industrial Wastes No industrial wastes are proposed to be stored at this facility. It is recommended that a condition of approval be added requiring adherence to this Code standard. 24 F. Noise Noise generation will need to comply with State regulations. Should future violations be noted the Applicant shall be required to achieve compliance through mitigation or operational changes (i.e. hours of operation, types of contractor uses). The Applicant has stated that the use will conform to State noise standards. See Section 7-301 regarding noise compliance. G. Ground Vibration Given the size of the property and separation from neighboring land uses, ground vibration is not anticipated to perceptible at the property boundaries. It is recommended that a condition of approval be added requiring adherence to this Code standard. H. Hours of Operation The Code requires that "Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7.00 AM and 7.00 PM Monday through Saturday, or as approved by the decision-making authority." The applicant has proposed more restrictive hours of 7.00 AM to 5.00 PM Monday through Friday. Staff suggests this be a condition of approval. I. Interference, Nuisance, or Hazard The Applicant has represented that the use will conform to the standards for interference, nuisance and hazards. Staff recommends a condition of approval requiring adherence to this standard. The standards from the LUDC are as follows. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. VI. SUPPLEMENTAL SUBMITTALS No supplemental materials were submitted after the application was deemed technically complete. VII. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the Director's Decision 2. That the Application does NOT adequately meet the requirements of the Land Use and Development Code of 2013, as amended. Specifically, the Application does 25 not meet Section 7-102, Compliance with the Comprehensive Plan; Section 7-103, Compatibility; and 7-301, Compatible Design. 3. That the application is NOT in general conformance with the 2030 Comprehensive Plan, as amended. Specifically, the Application does not meet Chapter 3, Section 4: Economics, Employment and Tourism, Policy #3, Policy #4, Policy #5, and Strategies/Actions #4. VIII. RECOMMENDATION Staff recommends Denial of the application for the following reasons. - The nature, scale, and intensity of the proposed use is not compatible with adjacent land uses (Section 7-103). - The design of the proposed development is not compatible with the existing character or adjacent uses (Section 7-301). The location of the proposed facilities is not consistent with the Comprehensive Plan of 2030 (Section 7-102). 26 EXHIBIT 1 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. )c---1: Mailed notice was completed on the day of ---..)V- ,201 All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] (l ^✓l wur� l �' + ZEN S but i ,-17- C tJ 11.6 • Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 20 . ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 20_ Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: __.AUL" �• �:� { , Signatyre_.a 1,= Date: 7017 1000 0001 0441 1050 is 1.1 7016 2710 0000 7562 5386 r a oo❑❑or�' m.11,s, lit tett' 1 O1 al 71 l p 6 �r one a in O F, m0— ITI� U E— 69 69 OS >0T 0 m m 0 :0 .0 EXHIBIT 7017 1000 0001 0441 1036 1 n • 4 7.2 00 m ❑❑❑❑❑W U 3 b D n' ij14 g -77 -7 49 69 w44 R. N oc °3 Tm in fA .� 1 W Cn E Da CD m 0 7016 2710 0000 7562 5393 itiva cy e. tt jI M M M 44 �.I i Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239307400022 239308200955 239308300002 239308300007 239308300013 716 110 COUNTY RD CARBONDALE Not available CARBONDALE 774 110 COUNTY RD CARBONDALE 1108 110 COUNTY RD GLENWOOD SPRINGS Not available GLENWOOD SPRINGS FELKEY, DWIGHT A & DENISE K BUREAU OF LAND MANAGEMENT R111412 R043958 SHELTON, CHRISTINE R111834 LSF9 MASTER R111925 PARTICIPATION TRUST MELLIN, URIEL R006643 Nr- 1 PO BOX 2117 GLENWOOD SPRINGS, CO 81602 2300 RIVER FRONTAGE ROAD SILT, CO 81652 983 AZURITE DRIVE FRUITA, CO 81521 3701 REGENT BLVD IRVING, TX 75063 144 CLIFFROSE WAY GLENWOOD SPRINGS, CO 81601 EXHIBIT 7 - Garfield County Re: McIlin Small Contractors Yard and Fabrication TBD County Road 110 Glenwood Springs, Co. 81601 David, Road & Bridge June 1, 2017 A Driveway Permit (GRB-17-D-11) was issued on 5-23-2017. Addressed in this permit was driveway access sight distance, stop sign, drainage, width of driveway, and an asphalt or concrete apron. Completion date is 30 days from issue date. County Road 110 is traveled by a lot of young drivers commuting to and from CMC campus. It is narrow, very little or no shoulders, sharp corners and very steep grades. We discourage any Targe trucks from using this road. Would recommend delivery trucks that need to use County Road 110 come in from County Road 114 and go out using the Cattle Creek Hwy 82 intersection. A reminder snow must be pushed into the property and not out into the county road and no parking on the county road. Thanks for the opportunity to review this application. Any questions please contact me. Mike Prehm Garfield County Road & Bridge (970) 625-8601 Office (970) 625- 8627 Fax (970) 618-7109 Cell June 21, 2017 Mr. David Pesnichak Garfield County Planning 108 8`1' Street, Suite 401 Glenwood Springs, CO 81601 MOLINTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design EXHIBIT RE: Review of the Mcllin Small Contractors Yard and Fabrication: GAPA-05-i7-8542 Dear David: This office has performed a review of the documents provided for the Mellin Small Contractor Yard and Fabrication Application. The submittal was found to be thorough and well organized. The review generated the following comments: 1. There does not appear to be an easement for the water line that originates on the neighboring parcel. The Applicant should explain if there is an easement for construction and/or maintenance. 2. The Applicant should verify that the Fire Marshall has no comments concerning fire apparatus or fire flows. 3. The Applicant should discuss traffic impacts on the adjacent County Road and if the existing road dimensions are congruent with the road designation based on the estimated ADT. 4. The Applicant should address if the area of disturbance is larger than 1.0 acre. Additional permitting may apply. 5. The water tap for the proposed use has a 500 gallon per day limit per CCWA. The Applicant should address if the proposed use and the proposed future residence may exceed this limit. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. . C hris Hale, PE 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak From: Bill Gavette <gavette@carbondalefire.org> Sent: Wednesday, June 21, 2017 2:35 PM To: David Pesnichak Cc: Ron Leach Subject: RE: MeIlin - Small Contractors Yard and Fabrication - Referral Follow Up Flag: FollowUp Flag Status: Flagged Dave, I have reviewed the application for the Mallin — Small Contractor Yard. I would offer the following comments: 1. Access. Access to the site for fire apparatus appears to be adequate off County Road 110 via the proposed new driveway. 2. Fire Sprinkler System. Both the County's Building Code and Fire Code require a fire sprinkler systems for woodworking operations in excess of 2,500 square feet. Additionally, the County's Fire Code Amendments have sprinkler requirements based upon building floor area and construction type. It appears that both would require a fire sprinkler system for the proposed facility. The application acknowledges that it will comply with the fire sprinkler requirements. The fire sprinkler system's water supply volume, duration, and system design shall meet the requirements of NFPA 13, Standard for the Installation of Sprinkler Systems. 3. Water supplies for fire protection. There is limited water available in the vicinity for fire protection. Water supplies to the site would be provided by hauling water to the site via fire department water tenders. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 FIRE. EIS - RESCI'E From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Wednesday, June 21, 2017 1:29 PM To: Bill Gavette; Ron Leach Subject: FW: Mellin - Small Contractors Yard and Fabrication - Referral Hi Bill and Ron, 1 David Pesnichak From: Steve Anthony Sent: Wednesday, June 21, 2017 4:00 PM To: David Pesnichak Subject: RE: Mellin - Small Contractors Yard and Fabrication - Referral Hi Dave, I have no comments on the Mellin Small Contractor's Yard application. Steve Steve Anthony Vegetation Manager Garfield County 195 W. 14th Street, Bldg. b, Suite 310 Rifle, CO 81650 Phone: (970) 945-4377 Ext. 4305 Email: santhony@garfield-county.com EXHIBIT C From: David Pesnichak Sent: Wednesday, May 31, 2017 3:31 PM To: Wyatt Keesbery; Kelly Cave; Steve Anthony; Sullivan - DNR, Megan; Hoyer - DNR, Scott; Taylor Elm - DNR; Chris Hale; Ron Leach Subject: Mellin - Small Contractors Yard and Fabrication - Referral Hello, The Garfield County Community Development Department has received an application for a Small Contractors Yard and Fabrication facility (Cabinet Making, Wood and Metal Working, Glazing, Machining and Welding) on a 10.997 acre parcel. The Contractors Yard and Fabrication facility is to be served by an existing water system (Cattle Creek Water Association) and a new Onsite Wastewater Treatment System (OWTS). The proposed facilities include an approx. 10,000 square foot shop to be used for cabinet making, wood working and material storage, and an approx. 15,825 square foot contractor's yard used for vehicle and material storage and circulation. Access is provided off County Road 110 and is located approximately 5 miles south of the City of Glenwood Springs. The property is with the Rural Zone District. The property owner is the Uriel Mellin. Attached is the Referral Form regarding this application. Please open and read it for instructions on accessing a digital version of the application. 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 June 21, 2017. To access the application, go to: http://records.garfield- county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch Search for "Permit Number (File No.)": GAPA-05-17-8542 Thank You! 1 EXHIBIT June 26, 2017 David Pesnichak, Senior Planner Garfield County Community Development Department 108 Eighth Street, #401 Glenwood Springs, Co. 81601 Re: Land Use Change Permit TBD County Road 110, Glenwood Springs, Co. 81601 Requested by: Uriel Mellin, Mellin Property -Fabrication Building and Small Contractor Yard Dear David Pesnichak, We were totally unprepared for receipt of a Public Notice informing us that our neighbors and our rural life as we have known for at least 24 years is on the verge of total ruin. The effects on the current residents retirement days and what our joint retirement future holds in the homes we raised our children went from sunshine to total darkness. The request to build a 10,000 -square foot fabrication building with a small contractor yard in a rural residential area where only a single family home was permitted to be built broke our hearts & souls. There is no reason for this type of industrialization to occur on this particular property in this neighborhood. An industrial business has extreme impacts on not only the environment but also the residents who live in close proximity. These impacts range from loss of ecosystems in the surrounding wild habitats to the loss of serenity increased wildfire potentially increased safety concerns and financial security for families on County Road 110 as will be clearly shown through this letter. Division 1 -General Approval Standards Section 7-101 Compliance with Zone District Use Restrictions RESPONSE: This type of development blatantly ignores the esthetics and ambience of the surrounding neighborhood. Walking through this neighborhood there is no other industrial building in sight or even in hearing range. The industrial businesses referenced are located 1 mile down a very steep, narrow, winding road at the junction with Hwy 82. In regard to the marijuana growing operation, it is not for commercial use as verified by County Officials (because this specific grow site would be an illegal operation in Garfield County) and thus does not support his claim that his industrial building will comply with the residential area. The fact that this new land use requires County Administrative Review makes it obvious the application is trying to change a neighborhood in a direction the current regulations and long term residents never intended. Significant loss in home valuations and economic hardship for homeowners in the area is also a possibility. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements RESPONSE: Industrialization of this beautiful, natural landscape will not bring more jobs or economic growth to Garfield County as Mellin suggests. We understand they are simply relocating their existing business for personal gains at the expense of the current unsuspecting rural residents. Relocating the business will not cut down on traffic going through Glenwood Springs during the laborious Bridge Project and in fact, may actually increase traffic through Glenwood Springs. Workers are still going to be traveling to work within Garfield County. There will also be increased truck traffic going through Glenwood Springs in order to supply this industrial business with large quantities of raw materials. Additional truck traffic will be necessary to transport the finished products increasing safety concerns on surrounding county roads. This not only continues to bring large semi -trucks through Glenwood Springs but now up a very steep, narrow, windy road. This road is considered a secondary road to plow in the winter creating extremely hazardous and treacherous conditions for a semi -truck to be traversing. We have had winter days where none of the mail delivery companies (USPS, FedEx, and UPS) would even dare to drive up or down our road. These conditions explain why no other industrial building is located anywhere near this proposed development. There are numerous industrial, commercial buildings for sale or lease within the same distance along developed industrialized corridors that could easily serve this purpose and avoid the negative impacts to the local environment and to our families. Such impacts to wildlife like avoiding such a highly lit area, avoidance of a noisy building filled with hammers, drills, exhaust fans, heating, saws and much more. Externalities will also impact our families either directly or indirectly such as chemicals leaching from the settling pond into the nearby ground water or soil possibly causing chronic health issues, light pollution that will disrupt sleeping patterns and mental health, noise pollution that will cause anxiety for families that have acclimated over the course of years to the silence and solitude of rural living on our little slice of heaven. This development directly takes away from the rural characteristics of the property and surrounding area we have grown so fond of. This extreme development would make it an area difficult to continue to live in. Our neighborhood has been a wonderful place to raise a family because it has been crime free for years. Why would this industrial business need security lighting? Lighting that would drive wildlife away and make it so we never see another star in the sky for the rest of our lives. Will this commercial use bring crime to our neighborhood? We and our neighbor (the previous owner of Mellin's land) Wayne Shelton made a pact that neither of us would use outside night lighting in order to preserve the rural beauty of seeing the stars, and we shook on it. If Garfield County is a strong supporter of private property rights, like they claim, then they should support our plea for the protection of our health, safety and welfare that we bought this land 24 years ago as a rural residence, surrounded by rural residences. Dwight and I invested in a rural home for financial stability during our senior years (Dwight is already a retired 66 year old man) expecting the property values to grow. If this industrial building is allowed to be constructed at such a close proximity to our home our property value will decrease and being forced out entirely will become a possibility (attached Property Shop letter & McKinley Sales, Inc.). How can reducing residential housing in an already tight market make sense when industrial zoning exist along HWY 82? SECTION 7-103 COMPATIBILITY RESPONSE: The land use near HWY 82 is a mix of residential and commercial, but once the highway is out of sight the land use is residential. He is requesting to build in a site that is not in sight of the HWY 82 access point. There is no commercial marijuana grow facility anywhere on County Road 110 as aforementioned in detail. The llama ranch is a rural residential farm and is not in our neighborhood or on the Cattle Creek Water Association system. HWY 82 has nothing to do with our intimate neighborhood of rural residential houses and thus none of these examples justify why this industrial building would fit into our neighborhood so that Mellin can relocate his preexisting business about 1 mile from his current residence for his own convenience. If this has such low externalities to the ecosystems and residences then put it in his current back yard. SECTION 7-104 SOURCE OF WATER RESPONSE: High Country Engineering report under Water said a booster pump near the bottom of County Road 110 pumps water up to ranches on County Road 110. There are no ranches located on the Cattle Creek Water Association system. The feasibility of the water system on the East side of the mountain suppling a fire truck with the volume of water necessary would overwhelm the pumping stations. SECTION 7-105 CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEM RESPONSE: John Taufer & Associates, Inc., letter dated April 4, 2017 indicates the water share conveyed as an un -used share owned by Shelton. According to the Cattle Creek Water Association shareholder letter dated January 21, 2004, in the case of non-active shares, the share is for the original agreed upon use and specific for a single-family domestic residence. SECTION 7-107 ACCESS AND ROADWAYS RESPONSE: County Road 110 is a very steep, windy, and narrow road that is not conducive to semi -truck traffic or increased traffic. The roads are dangerous during the summer and treacherous during the winter without large trucks attempting to navigate the road. We received notice from BFI to cancel our trash service because their insurance company deemed the very steep, windy, and narrow road too dangerous for their drivers. When the semi -trucks dare to descend onto County Road 110 from County Road 114 they will not have sufficient visibility of oncoming traffic that they will need to cross in order to enter their drive -way leading to unnecessary and potentially devastating accidents in our community. With young CMC drivers, inexperienced dirt bike, four wheel riders who pop out on County Road 110 from the BLM property and speed up the road to the next BLM access point, increased bicycle traffic further exacerbates the situation. It would not be a case of IF only WHEN someone would die. This industrial building estimates that they will increase traffic by an average of 28 trips per day, a huge traffic increase on a very steep, windy and narrow road that was not constructed to handle large volume or large delivery truck traffic. Descending County Road 110 to Cattle Creek & HWY 82 will present additional hazards as the road narrows on blind curves which will require large delivery trucks to straddle both lanes in order to navigate the steep, windy road. EXAMPLE: 6/19/17 — Concrete truck had to turn around in OUR driveway as no room to turn at construction site along with blocking County Road 110 during construction of Mellin access road. The site distance from the County Road curve to the proposed driveway does not appear to be adequate. Garfield County Driveway Permit Requirement - 300 feet visibility in both directions. Does this include visibility when crossing traffic to enter property? SECTION 7-108 USE OF LAND SUBJECT TO NATURAL HAZARDS RESPONSE: All recommendations by H -P Kumar needs to be fully enforced if the determination is made to destroy our rural residential lifestyle. SECTION 7-109 FIRE PROTECTION RESPONSE: If water will be used in the interior or exterior of the building for fire protection then the Cattle Creek Water Association pumping system is inadequate. Our residence, Shelton home and the Mellin's property are at the end of the water line. All other water shareholders are located on the other side of the mountain ridge and receive water first from the main line. After it passes them the water reaches the 2nd and final tank on the line. Because we receive water second it is common for us to run out of water first either caused by system failures or overuse. We have experienced droughts where we could not even shower or flush toilets in our own home due to lack of water. With the majority of water users maintaining water flow there is a slow reaction to the two who are left high & dry. Having experienced several of these situations over the years we were forced to store water on our property as a backup to the water supply. Is on site water storage proposed? Does the proposed building require fire sprinklers and a minimum water pressure? Where will the water come from to fill and maintain water within the tank? What visual impact will the tank have on neighboring homes? Will it be underground or cause additional visual impact to surrounding homes? DIVISION 2 -GENERAL RESOURCE PROTECTION STANDARDS SECTION 7-201 AGRICULTURAL LANDS RESPONSE: N/A SECTION 7-202 WILDLIFE HABITAT AREA RESPONSE: This industrial building will run 12 hours a day forcing un -necessary noise, smell and sound pollution on the surrounding rural area. The negative environmental externalities are countless and possibly devastating. Animals will avoid the area, disrupting the natural ecosystems and leading to species loss within out rural environment. We are visited by Bears, Mountain Lions, Bobcats, Coyotes, Foxes, Deer, Elk and owls to name a few. We live in a rural residential setting in order to enjoy the wildlife that only comes to a quiet -light free environment. The animals will avoid the area due to the excessive amount of lights put off by "down -lights", we have all seen the Storage Units and FedEx Warehouse on Hwy 82 at night. Winter habitat, which has continually dwindled is extremely important. SECTION 7-203 PROTECTION OF WATERBODIES RESPONSE: N/A SECTION 7-204 DRAINAGE AND ERROSION RESPONSE: All recommendations by High Country Engineering, Inc. need to be fully enforced if the determination is made to destroy our rural residential lifestyle. SECTION 7-205 ENVIRONMENTAL QUALITY RESPONSE: A woodworking facility can never have low impacts on the air. Human error is unavoidable, especially with multiple employees opening and closing entry doors and garage doors letting out vapor, dust, saw dust, smoke, noise, glare and vibrations as thcsc types of wastes cannot be contained within a building. Dust from multiple daily average traffic in and out of the driveway and yard will severely impact our health. These pollutants in the environment can damage the health of all of the animals in the ecosystem as well as individuals wellbeing for the rest of their lives. SECTION 7-206 WILDFIRE HAZARDS RESPONSE: Introducing a commercial industrial business increases the risk of fire danger for everyone because they are working with heavy machinery, huge amounts of sawdust and volatile liquid finishes, including lacquer, that can spark fire inside or outside their property. Is the proposed fire protection plan adequate and realistic? Relying on a'/4" tap at the highest point of the current aged system is not adequate or realistic. Employees are not vested in property the way homeowners are which presents a higher degree of carelessness for accidental fire. SECTION 7-302 OFF-STREET PARKING RESPONSE: Hankard Environmental noise report on page 5 under predicted operational noise levels states, with the loudest equipment running all doors should remain closed to remain in compliance with CRS 25-12 and Garfield County Land Use Resolution Code, Article 7-301 B.S., noting that only the easternmost garage door may be open to stay in compliance or two man doors. Also noted on page 6 noise mitigation #2 & #3 care should be taken to ensure these doors have good seals. With 5 overhead garage doors being accessible for unloading of building material (along with delivery truck noise) wear and tear on door seals the potential for constant noise violation is unacceptable. It is unrealistic to think doors will remain closed in 90 degree heat of the summer. How will this be enforced? SECTION 7-303 LANDSCAPING STANDARDS RESPONSE: In order to preserve the residential beauty from this hideous monstrosity the need for 25 foot mature, staggered, multiple rows of native trees would be necessary if the determination is made to destroy our rural residential lifestyle. How will this be addressed with the stress on an aging water system? SECTION 7-304 LIGHTING STANDARDS RESPONSE: Any outdoor security lighting is inappropriate for this location. Our home has been crime free for our entire 24 years and we fear what an industrial building that needs security lighting will inject into our and our neighbors rural residential lives. Light pollution will fill what has been a beautiful untouched natural night sky upon our mountain top. Again there are alternatives available in the zone along Hwy 82 amongst the other industrial businesses. SECTION 7-305 SNOW STORAGE STANDARDS RESPONSE: Snow storage within the property boundary will need to be enforced if the determination is made to destroy our rural residential lifestyle. SECTION 7-306 TRAIL AND WALKWAY STANDARDS RESPONSE: Being a rural residential area and living on top of a mountain, neighbors have allowed anyone wanting to hike around on foot access for doing so without regard to property lines for the enjoyment of seeing, smelling, feeling mother nature in our current primitive residential area. The constant day time noise and night time light pollution will eliminate many of those sights, sounds, smells and overall wellbeing that comes from being one with nature. DIVISION 10 —ADDITIONAL STANDARDS FOR INDUSTRIAL USES SECTION 7-1001 INDUSTRIAL USE RESPONSE: John Taufer & Associates, Inc. letter dated May 5, 2017 page 7 Division 10-Additioanl Standards for Industrial Uses Section 7-1001 Industrial use states "No industrial wastes are proposed with this operations". This appears to be in conflict with 4 -203.G -Impact Analysis under 7. Nuisance which addresses generation of vapor, dust, smoke, noise, glare and vibration all of which are industrial waste. It appears the report is pure nonsense. Is sawdust contaminated with melamine, a proven carcinogen and poison, an industrial waste? Melamine panels are a major component of cabinets. Where are the piles of on-site melamine contaminated sawdust being stored? How are these piles being protected and disposed of? This waste will require additional truck trips. How is the potential windblown contamination being addressed? Properties could be covered in contaminated sawdust. Has a disposal plan for the industrial lubricants required to operate manufacturing machinery been provided? Will barrels of new and used lubricants be stored on site? Will varnishing and painting occur? Will these liquid waste products be stored and transported off site or just poured onto the ground or into the septic system to contaminate the entire mountain and water aquafer. How will windblown saw dust be mitigated? Dwight felkey Karla Felkey County Road 110 residential property owners against the proposed Mellin land use change: Dwight & Karla Felkey 379-9224 Bert & Portia Griefenberg 945-0393 Melvin Perkins 948-0461 Wayne & Johanna Payne 948-8404 Gary & Leslie Jochum 379-4776 Mike & Penny Kenealy 945-5117 John & Heather Howe 928-0723 Cattle Creek Water Association Glenwood Springs, CO January 21, 2004 Dear Cattle Creek Water Association (CCWA) Shareholder, This is a brief description of the water system, your rights and obligations as a shareholder, and it briefly describes some of the Bylaws and rules that CCWA members need to follow concerning the water system. A copy of the Bylaws, Articles of Incorporation, and a list of amendments is included with this mailing. The CCWA is a non-profit corporation whose purpose is to provide water for domestic and other beneficial purposes to property owners serviced by the system. The corporation was formed on February 26, 1973. It was formed to acquire ownership of, and title to water rights for up to 70 gallons per minute from Trout Spring, a tributary to Cattle Creek and the Roaring Fork River in Garfield County, Colorado. The original adjudication date was September 11, 1968. Only shareholders in good standing are entitled to use water owned by the corporation. The water supply for CCWA originates from a spring near Cattle Creek approximately 'A mile up County Road 113. At that point, Pump house #1 contains a chlorination system and pumps water through a buried pipeline to a buried 300 -gallon storage tank in Pump house #2 located near the bottom of County Road 110. Pump house # 2 then pumps the water via another buried pipeline up to a buried 15,000 -gallon storage tank near the residence at 0716 County Road 110. Currently, Zancanella and Associates operates, maintains, and tests the water system to help be in compliance with Colorado State water quality standards. CCWA sends out billings to all members on a quarterly basis to cover the costs of operations and maintenance to the system. Each quarterly billing also includes an additional special assessment fee in order to build a pot of money for unexpected Capital improvements that may become necessary. This special assessment will remain in place until the membership votes to either change the dollar amount or to stop it. Quarterly billings are mailed to members by the Treasurer. Billings are divided as follows: A $40.00 special assessment, as discussed above, is billed to each shareholder. In addition, shareholders with active use shares are billed for actual operating expenses according the portion, or portions of the system for which they are responsible as discussed below. All members share equally in operation, repair, and maintenance of the system. All expenses for repairs, maintenance, or alterations between individual taps and residences or businesses are the sole responsibility of the individual shareholder. Additionally, there are amendments to the Bylaws (see enclosed) that stipulate rules and procedures for acquiring authorization to make any alterations or adjustments to the system. Each shareholder is entitled to one, and only one 3A" tap into the system for a single dwelling. That share remains with that specific property and shall be transferred with the property, should it be sold. All past due billings must be paid in full prior to transfer of a share. The new owners of the property then become automatic members of the CCWA, and the sellers are removed from the membership. No shares may be transferred, bartered, or sold except as approved by a vote of the membership. An individually numbered Certificate of Membership is assigned in the name of each member, and a new Certificate is issued in the name of any new member once a property is sold and the old Certificate is received by the Secretary of the CCWA. The Bylaws stipulate that a 5/6 favorable vote of the CCWA membership is required in order to sell additional shares in the Association. As of the date of this letter there are a total of 23 membership shares issued, 18 of which are in active use. There is one additional active share that does not hold a Certificate, but which receives a single free 3/4" tap. This share was originally issued by agreement to the Union Oil Company and has been transferred along with the property upon which the spring and a portion of the pipeline reside. This free use agreement, as well as the CCWA Articles of Incorporation and Bylaws, is recorded in the Garfield County Courthouse records. Members of the association typically meet annually, in late fall or early winter, or when an apparent need arises. There has not been an annual meeting for a couple years due to a lack of issues. Each Certificate carries with it one membership vote. A vote may be cast in person or by a designated proxy. A majority of those members who are entitled to a vote and present at the meeting constitutes a quorum. In recent years attendance at meetings has been below the quorum level making it difficult to pass motions, so an amendment was made, voted upon, and approved at one meeting with the required number of members, to allow for votes to be held via certified mail. There are stipulations in the amendment regarding how such mail -in votes are to be held. Originally, the CCWA was formed for the purposes of domestic use of water. Over the years through various situations that occurred, and through member votes, several business enterprises were authorized to hold Certificates. The CCWA has a single class of members. In other words, all members are considered equally regardless of whether they own a domestic house on the system or a business, however some shareholders are required to hold more than one active share for their use as a stipulation of their original agreement to become members. Some members currently hold active shares for their existing abode, as well as non-active shares with the possibility of adding an additional tap in the future without the need for membership approval. No shareholder may connect additional taps to the system (unless they currently hold a valid additional non-active share), nor may they connect their existing taps to additional residences or business concerns without the express consent of the Board of Directors and subsequent approving vote of the full membership. Each existing share is specific for the original agreed upon use for a specific building or residence, or, in the case of non- active shares, for a single-family domestic residence. The cost of any approved additional shares is determined by the membership at the time the additional share is voted upon and approved. The business affairs of the corporation are managed by an elected Board of Directors. There are currently a President, and Vice-president, a Treasurer, and Secretary, and one Board Member at large. All Board Members are volunteers with no compensation for their time except the Treasurer who is not required to pay the use fee due to the time it takes to compile, send, receive and account for billings. The treasurer is required to pay the quarterly special assessment fees. The current BOD is as follows: President - Don Waechtler 945-2270 Vice President - Wayne Shelton 945-8849 Treasurer - Melvin Perkins 945-1343 Secretary - Penny Kenealy 945-5117 Member at Large - Mike Kenealy 945-5117 If you have questions please call any one of the BOD. Thank you. From: "Kimberly McKinley" <kim@mckinleysales.com> Date: Jun 19, 2017 3:33 PM Subject: New Construction To: "Dwight Felkey" <dwightfelkey@gmail.com> Cc: To Whom It May Concern, I am writing to provide a professional opinion of the impact a large (10,000 square foot) industrial/commercial building would have on the neighboring residential properties on County Road 110, Glenwood Springs, CO. I have been a real estate broker for 25 years and own McKinley Sales, Inc. Real Estate which has sold more properties in the Missouri Heights/Rural Carbondale Area than any other broker. Industrial sites cause several negative externalities, such as traffic, noise disturbance, congestion, and potentially an obstruction of view. The roads leading to the proposed development site are steep, narrow and winding, which is appropriate for a rural residential area but not appropriate for large trucks transporting commercial goods. The traffic impact, especially in winter would be difficult, if not impossible for cabinet transportation and possibly cause delays or even restrict homeowner access. UPS and other commercial vehicles do not access this area in winter due to road conditions. The values of all neighboring residential properties would significantly drop in value if an industrial/commercial operation is permitted at this site. The neighboring residential homeowners purchased property in this area in order to live a quiet, rural lifestyle. A business located next door, or a few doors away negates this entire premise and cause a dramatic decrease in property values and appeal .o buyers. Allowing this property owner to use the property in a way that deviates from local standards would create a serious hardship to the neighboring residential property owners. It would change the spirit of the neighborhood, infringe on a neighboring property owner's values, rights, use, and enjoyment of their property. Kim McKinley Broker/Owner, McKinley Sales, Inc. Real Estate (970) 927-7676 Kim McKinley Cell: (970) 374-4554 June 16, 2017 To Whom it May Concern: 1 have been asked to write an opinion of the negative influence on the value of the Dwight Felkey home located at 716 County Road 110, Glenwood Springs, CO 81601 if the proposed industrial building 10,000sq foot shop (Cabinet Making, Wood and Metal Working, Glazing, Machining, and Welding) & contractor yard is built on Parcel #2393083000013. The old Colorado Mountain College Road has been mostly single-family homes with little traffic and the privacy and quiet that being out a few miles from town often provides. It is of great concern to the Felkey family that this type of structure and industrial type zoning will devalue their residential property and greatly impact their quality of life. As a Realtor for over 25 years I agree with the Felkey's. This type of industrial building which would require a zone change would not only effect their home but others in the area as well presently and in the future. With one industrial building/business close by — other developers will invariably want the same ability to produce a similar industrial situation. The impact of changing the zoning, construction of the actual building and then the continuing of the operation of the business bringing employee traffic, customer, traffic as well noise and other pollutants from the nature of the business. It is difficult to place a percentage number on the influence on the value but I have over the years seen similar situations and eventually the homeowners are force out completely and industry takes over these areas. Because of our limitations on residential with these attributes, a bit rural but very private and close to town, it would be inappropriate to begin an industrial area near these homes. It would change the whole residential atmosphere and definitely impact values negatively. Please call with any questions, M. n c erman 970-379-8 roker/owner The Property Shop the place to shop for property the property shop 1117 grand avenue glenwood springs colorado 81601 (p) 970.947.9300 (f) 970.947.9335 www . properrys hopinc . com