HomeMy WebLinkAbout2.0 Staff Report DD 02.09.18Directors Determination - Exhibits
Funsten - Contractors Yard, Small - Administrative Review
Applicant is James Funsten
February 9, 2018
(File GAPA-1 2-17 -8601)
Exhibit Letter
(Numerical)
Exhibit Description
1 m
2 Return Receipts from Mailing Notice
3 nd DeveloPment Code, as amended
4 Garfield County Comprehensive Plan of 2030
5 Apolication
6 Staff Report
7 neferrat Conrments from Garfield County Road and Bridge
Deoartment (dated January 10, 2018)
I e Colorado Department of Transportation
(dated January 5, 2018)
I e Legal Non-Conforming status of
the use (dated November 25, 1987)
10 n Accessory Dwelling Unit (Reception
Number 852740)
11 ode Enforcement Officer
(dated January 16,2018)
12 ffiColorado Parks and Wildlife (dated January
16.2018)
13 rbondale Fire Protection District (dated
January 18, 2018)
14 Referrdl Comments trorn Carfield County Vegetation Manager (dated
January 23,2018)
15 ffi the Garfield County designated engineer
(dated January 24,2018\
16 Email from Jim Funsten (dated January 25,201!)
17 rfield County Public Health (dated
January 23,2018)
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19
20
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TYPE OF REVIEW
APPLICANT (OWNER)
REPRESENTATIVE
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
Funsten Small Contractor's Yard
GAPA-12-17-8601
February 9,2018 - DP
PROJECT INFORMATION AND STAFF COMMENTS
Administrative Review Land Use
Change Permit -Small Contractor's Yard
James Funsten
James Funsten
The proposed use is located al 3627
County Road 100, approximately 3.75
miles east of the Town of Carbondale.
The property is located in Section: 31
Township: 7 Range: 87 TR lN LOT 3 &
LOT 4 on a part of that property known
by Assessor's Parcel No. 2391-312-00-
004.
3.99 Acres
Rural (R)
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting approval for a Small Contractor's Yard of approximately 1
acre in size occupying the wesiern portion of a 3.99 acres property. The Contractors Yard
is proposed to be un-ltafeA. Since the Yard is proposed to be un-staffed, demonstration
of
'legal and adequate water and wastewater is not required. The access driveway from
CR 100 is an existing access point and the access roadway to the use has been
represented to meet ifre Standards outlined in Section 7-107 of the Land Use and
Development Code (LUDC). The Applicant is requesting a Waiver to reduce the required
100 foot setback from residential adjacent and other property lines (7-1001(B) andT-
1OO1(D)(1)) down to 50 feet. ln addition, the Applicant is requesting a Waiver from
screening'iequirements in Section 7-1001(C) based on current vegetation and limited
visibility from adjoining public rights of way.
The Contractors Yard is currently existing as a Legal Non-Conforming Use that has been
in place since before Garfield County instituted zoning in 1972 (See Exhibit 9, Letter from
Mark Bean dated November 25, 1987). The purpose for this request is to Iegitimize the
existing Contractors Yard use by obtaining a Land Use Change Permit for a Contractor's
yard, lmall. Garfield County Code Enforcement has monitored this use since 1987.
There are no current Code Enforcement actions on the property and it appears that the
legal non-conforming contractor's yard on the property is in compliance with the uses
documented in 1987.
ln August 2014, the Applicant obtained a Land Use Change Permit for an Accessory
Dwelli'ng Unit on the property. Legal and adequate access, water and wastewater for the
primary-and Accessory dweiting units were examined and approved at that time.
The Application has provided the following description of the proposal:
My goal for this LUCP is to bring this property into conformity with Garfield
C6u-nty. This property has a legal nonconforming use !hat-da!e-s back to the
early igZOs.'l have an ongoing project, permit #BLRE-04-17-4662, for a
residential garage/shop. l- ho[e to enclose the most persistent legal
nonconforming use comprising of parking and maintenance of my own
vehicles and iquipment in thistuilding. This alone would be a shift toward
preferred conformity. I have requested waivers on7-1001 B., "Setbacks,"
7-1001c., "Concea'iing and Screening," and 7-1001 D.3, "Storing,". I hope
to find a middle grounJ that is agreeable to both parties. I propose a 50 foot
setback on setbick and storing instead of 100 feet; see setback map. The
request on concealing and scieening is in the interest of maintaining the
character of the area is it has stood for many years with natural vegetation
acting as the screening. lt has worked well and when the yard is in a time
of lower use, it looks li[e a pasture instead of a screened contractors'yard;
see photos. With these suggested waivers of standards, I will continue to
have a functional contractoiJ yard and bring the property into conformance.
Without this LUCP, I would have to continue the legal nonconforming use
as it has historically been and just use the shop/garage for residential use.
This would be a fruitrating outcome for me. I believe we have an opportunity
to make this property better for Garfield County, neighbors, general public
and owner *ftit" priting a the legal nonconforming use in the past. This
LUCP would also preserve in conformity a contractors'yard that serves as
an asset to our railey in good geographic function and traffic safety.
The uses for 3627 CR 1OO Small Contractors' Yard and Building will be the
following: general contracting, trucking/logistics, indoor/outdoor storage of
equipmeni anO materials for construction and production events in our
region.
II. DESCRIPTION OF THE SITE
The site is currently developed with a single family residence, an Accessory Dwelling Unit,
2 detached garages, a pond and a shed. The property appears to have positive drainage
to the southwesi and'is a mix of graded areas, native vegetation and grasses. The
Applicant has represented that the ploperty is periodically used for storage of equipment
which is considered legal non-.oniorming. Discussions with the Garfield County Code
Enforcement Officer indicated that this mitter has been looked into in the past and there
are no current or past enforcement actions on the property that stemmed from the
investigation.
Aerial View of S
Site Plan
Site Plan
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III. APPLICABLE REGULATIONS
A. The Land Use Tables contained in section 3-403 0f the Land Use and
Deveropment code, designate , srrii contractor's yard within the Rural zone District
as requiring Administratiie Review. Rrticte 15, Definitions sets forth the method for
measuring the size of a smail contractoris yard Area (5 acres or ress), measuring around
the perimeter of ihe contractor,s yard in a box or series of boxes. The Applicant's
proposal is approximately 1 acre-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. Articre 7 0f the Land Use and Deveropment code sets forth General approval
standards in Division 1, Generat nesource protection standards in Division 2 and site
pranning and Deveropment standards in Division 3. rn addition, the contractors Yard is
subject to Section 1-iOOl, lndustriaf Use standards. The standards are addressed in the
Application submittals and in the staff Anatysis section of the staff Report'
IV. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that a][ leOuired
notice mailings have been
compreted. No written pubric comments were received. Referrar comments received on
theAppticationareattachedasExhibitsandsummarizedbelow:
1. Garfield County Consulting Engineer, Mountain Cross Engineering (Exhibit 15):
o Requested information regarding the size of the planned enclosure' should
the enclose be to,ooo-lqrrrj feet or more, then a drainage plan is
required.
.n"q,"stedacopyofthedrivewaypermit,onceobtained.
2. Garfield County Road and Bridge (Exhibit 7):
o A Driveway Permit for the approved contractors Yard will need to be
approved by Garfield Count Road and Bridge'
3' Colorado Department of Transportation (CDoT) (Exhibit 8):
o No comments on this application. States that it is unlikely it will increase
tratricby2O%atHighwayS2tCRl00intersection.
5.
6.
7.
4. Colorado Parks and Wildlife (CPW) (Exhibit 12):
o Noted that since the site is already heavily disturbed, CPW has no
comments on the Proposal.
Carbondale Fire Protection District (Exhibit 13):
o lndicated that the District has no issues with the proposal'
GarfieldCountyVegetationManagement(Exhibitl4):o lndicated thal the Department has no comments on the proposal'
Garfield County Public Health (Exhibit 17):
o lndicated that stormwater management looks appropriate,.water and
wastewater will need to be demonstrated should the facility become
staffed, and that hazardous materials and paints should. be stored
appropriately since the property is within the Town of Carbondale Source
Water Protection Area.
Other agencies that did not submit comments include: Colorado Division of Water
Resources.
STAFF ANALYSIS
8.
v.
Article 7, Division 1: General Standards
The property is in general compliance with Zone District Regulations for the Rural Zone
District. As proposed, the Contractors Yard is requesting a 50% reduction in the lndustrial
setbacks of 100 feet. This Waiver request is discussed in the lndustrial Standards section
of this Staff report. All other zoning parameters have been met or will be required to be
met for the Rural Zone District.
Section 7-102: Compliance with Comprehensive Plan and lGAs
The site is identified as Residential Medium (6 - .10 Ac/DU). Excerpts from the Garfield
County Comprehensive Plan Fulure Land Use Map w'
Lailo UlEll*rueno Dercnrror GorernruZomrc
R6idential
Medrum (RM)
SEil ram. estates. and clusleed r*xtentisl
subdMsion, dens(y detetmined bry degre of
ctustering 8nd lffd prBeryed in opo condition:
O% open lsnd - 1 du P€r <10 ass
50% open land - 1 du Per 8 aqes
70% open land - 1 du Ps 6 sses
Rural (R)
Pl8nred Unn DewloplMt
(PUO)
DeBity ol re6tdl
Eample:
ntal us: 1 du Per 6lo < 10 aseg
Future Land Use
Highway 82
Relevant goals and policies from the County Comprehensive Plan are outlined as
follows:
Chapter 3 - Section 4: Economics, Employment and Tourism
Poticy #3: Garfietd County will encourage the development of a diversified
industrialbase recognizing physical location-to-market capabilities of the
community, and the social and environmental impacts of industial uses.
Poticy #4: Ensure that transportation modes and nodes are directly linked
with existing economic centers through development review process and
inspection.
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poticy #5: The county wilt direct industriat developments to the airport center
and other appropriately designated areas.
Sfra tegies/Actions #4: Ensure that commercial/industrial developments are
compitibl" with adjacent land uses and preserue the visual quality of the
countY.
It is Staff's opinion that the proposed facility meets these Policies, Strategies, and Actions
and is therefore in general compliance with the Comprehensive Plan'
Section 7-1 03: ComPatibility
The application includes the following description of the surrounding land uses.
Adjacent land use within a 1500 sq. ft. radius includes mostly dwellings and
agiicultural uses. Along with these are a gas station/store, polo training
fJcitity, landscaping/forestry contractor's yards, kingdom hall (J .W') and
Hughes junk yaid.lhere is also an effort for possible mini storage sharing
a south property line with this site.
The nearest residence is approximately 80 feet to the north of the proposed use' There
has been increasing development interest in this area including commercial development
on the parcels to th6 south of the subject parcel as well as residential to the west. The TO
Ranch Subdivision which sits to the south and west of the subject parcel is currently
approved as a residential subdivision with 3 lots. Developers have been in discussions
witn tne County to change the residential status of this currently vacant subdivision,
however, in order to allow for commercial and/or industrial development by Land Use
Change Permit. As noted previously, the contractor's yard use on the subject parcel is
.rrr"i1y considered Legal'Non-Conforming as it has been demonstrated to have been in
use since before the Co-unty had zoning in-1972. While some complaints have been filed
regarding this use over the years, it appears that the use as it exists today is consistent
wiln tnat-originally documenied in 1987 by then Planning Director Mark Bean (See Exhibit
e).
l0
View of from CR 100 and 82 (Provided
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."
As a Legal Non-Conforming Use, the contractor's yard is only required to abide by Rural
setback standards ol25' rear, 10' side and 25' front. While the Applicant is requesting a
Waiver from the 100' setback for industrial uses in the Rural zone district, the 50' setback
requested is significantly larger than that required today as a Legal Non-Conforming Use.
The contractorrs yard use is also setback approximately 280' from County Road 100
behind a thicX grove of existing trees and a single family home. To this end, considering
the longevity of this use on the property, it has proven to generally be compatible with the
surrounding residential and agricultural uses. !n addition, the increased setback of 50'
from the north, south and west property lines will help increase the compatibility of the
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use with the surrounding uses'
Section 7-104 states the following:
All applications for Land Use c.hanse ?"-tT:11:.1i'll:,:"-#,,l3"lJ$ii
ili, #i! ]' ifrili i" r, r ". rieim, a nd I es aiwatel :y ryy. 1", -':X1f"::?"T#, or that contain Temporary Facilities
re^redbta licensed water hauler'
The Applicant has represented that all necessary utilities are currently in place'
The Appricant has indicated that the contractors yard wilr be un-staffed. As an un-staffed
facirity, it is understood that the contractors yard ,r" *itt not require a water source' lt is
worth noting that an ADU was permitted on the ptopt'ty in 201'4' Af that time legal and
sufficient water was analyzed and d;;r; io. notn the primary and accessory dwelling
units.
As the facility is proposed to be un-staffed and does not require a Source of water' a
wastewater system i. ,fro not requireO. tiis wortn noting that an fDY.y" permitted on
the property in 201a-At that time'bgai and sufficie.nt wJstewater facirities was anaryzed
,rO"rpp.rld fo, both the primary a-nd accessory dwelling units'
a. A referral letter from the County Road and Bridge Department (Exhibit 7) provided
the following comments.
TheproposedFunstenContractorsYardat362TCountyRoadl00,File
#cApA-1 2-17-8601, wiil be ;il; the existing driveway lf approved a
Driveway Permit wilt be ,"qrii"O"trom Garfield County Road & Bridge'
Garfield county Road & Bridge have no other concerns with this
aPPlications.
As a resurt of these comments, staff recommends that as a condition of approval that the
Appticant obtain " Oiir"*ry perm-rlfrom Road and Bridge and construct any necessary
il;;";;ents prior to Lt'in"" of the Land Use Change Permit'
b. The Traffic study provided by the Appricant indicates that the contractors yard will
have 16 average dairy vehicre tripsline ndprication inctudes the foltowing description of
the traffic imPacts: n
The existing land uses on parcel are single family dwelling' agricultural and
legal noncontorming uses tnai mimic th-e uses ihtended on this LUCP' All
driveways and easJments have been existence for 44 years"' Current trip
generation is 16 trips at ,..".. point to County Road 100. There is no
driveway p"itniiOr" to age of parcel but applicant intends to get one as a
condition oip"i*i if neeied. fh" .utr"nt irip generation number includes
construction pnrt" with 3 light vehicle trips,
-9 medium duty trips and 4
heavy truck trips. Trip generation should decease stightly after completion
of construction and decrease a bit more with LUCP in place' No new access
points are intended. The ptopot"o .use. of. a small contractor's yard will
'tignttyreducetripgenerationfromhistoricallevels.
c. circulation within the contractors Yard area is depicted on the site plan' The
Applicant has indicated that the access roadway to cR 100 will meet the dimensional
requirements ouflined in sectio nT-107. staff recommends a condition of Approval that
the roads be maintained to the standards outlined in sectionT-107 '
The Appricant has representedlhat there are no known naturar hazards on the property'
A review of Garfield county Gls data has not shown any known hazards' either'
Article 7, Division 2: General Resource Protection Standards
The property is not currently in agricultural produclion lmpacts to adjacent agricultural
uses are expected be minimar to none. As a tegar Non-conforming Use, the impacts to
adjacent uses are expected to remain similar to existing.
Section 7-202 Wildlife Habitat Areas
The proposed contractors Yard is currently existing-.as a Legal Non-conforming Use'
This application was referred to CotoraJo Parks anO WitOtite 1CeW1, who noted that since
the area is already highly disturbed ine appfication has generated-no comments (See
Exhibit 12). AreviJwoii'pw'r proritaiiv rriir"nr" specieJActivity Mapping (sAM) show
the following species are identiiied to plrtentially utitize the property and the surrounding
alea.
- Bald Eagle (Winter Forage and Winter Range)
- Black Bear (Fall Concentration)
- Elk (Overall Range)
- Mountain Lion (Overall Range)
- Mule Deer (Severe Winter Range)
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It is likely that while certain speciesmay utilize.th.e property' as the use has been existing
on the property.in." G earry 1g70t, no rooitionar'imfacts are expected should this
application be aPProved'
Section 7-203 Protection of Wetlands and Waterbodies
No wetlands or waterbodies have been identified on the subject parcel. As a result,
impacts to wetlandi or waterbodies '" *t expected as a result of this proposal'
The application includes the following regarding grading and drainage on the property:
The site has functioned as an active legal nonconforming contractor's yard
for many years. lt has , g"nirl;tp" ,.o.drainage to the southwest with
ditch lines surrounding the *nofe' arca' lt has well developed grasses
throughout that respond werrto ine intermitted activity/pressures that mimic
livestock hove activity, helpin! the grass to reseeb'itself' The sight will
remainasithasforsometimewitnnonewgradingordrainag"tltu-tl^']::
The mature natural vegetation helps this-lite performs well in eroslon
control, drainage and porou"n"r" oi soil. we also mow and manually pull
noxiousweedstoimprovenativehabitat'Theadditionofindoorstoragewill
enhancetneoverau,habitathealthanddrainageofland.
The application included the topography of the property which was reviewed by the
cour'tv'designatedengineerwhodidnotidentifyanyissues.
TheCountydesignatedengineerdidrequestrep-resentationregardingthesizeofthe
ptanned enclosu[ io,, ,." iritn tn" Contiactots Vard (See Exhibit 15) Bv Code' if the
size of the imperviori ,r", created by ih";tt'cture is i 0'oo0 square feet or more' than
a drainage ptan is required. 4c9gl9i;dto ure applicant, the size of the planned enclosure
is 2400 square feet (see Exhibit i6i-rign*i"rnry less than the 1o,ooo square foot
threshord for the drainage ptan req-,Jir"-,i"nt- Drainage around the structure will be
reviewed ,. , prrt of tne-nuiiding plimit as well for the structure as well'
Sections 7-205 Environmental Qualitv
lmpactstoairandwaterqualityisexpecte-dtobe^limitedtotypicalimpactsfrommotor
vehicres. Referrar comments trom carii"to cornty pubric Heatth (see Exhibit 17) indicate
the need to store hazardous materiats and paints properly. in order to prevent
contamination of the soils ,no grornd*r1"r, particutarty since ihe property is located
withintheCarbondaleSourceWaterProtectionArea.
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Section 7-206 Wildfire Hazards
The subject property is identified as Very High and Not Rated according to Map 7'
w,drand Fire susceptibirity rndex of the community wirdfire Protection Plan (cwPP)' ln
addition, no sropes over 30% have been identified and no fire chimneys are known to
exist on the ProPertY'
The application was referred to the carbondale and Rural Fire Protection District' who
indicaied that they have no issues with the proposal'
section 7-207 requires that if the development is.subject to wildfire danger' as this
property is, that the roof be composlo of a noncombustibre material. As proposed, this
standard is met since it has been ,"p=t"nt"d that the shop and garage currently has a
metal roof.
See Section 7-108, above
Section 7-208 Reclamation
This apptication was referred to the Garfield county Vegetation Manager who indicated
tnritnlr'rpplication generated no comments (See Exhibit 14)'
As the use is currently existing and no
anticipated to be needed as a result
following rePresentation.
Property is remaining as it has for many decades and the minor amount of
grading will be mainiiined as the rest of the parcel is currently'
ArticleT,Division3,SitePlanningandDevelopmentStandards
Section 7-301 ComPatible Desiqn
As noted in Section 7-103, it is Staff's opinion that the use proposed has demonstrated
over the years tnai'it can bL generaily-coiipatibre with the adjacent residential uses' This
section, 7-301, is intended td addres in" physical compatibiiity of the development with
adjacent ProPerties.
The proposed facility is intended to be an approximately 1 acre Contractors Yard with
some indoor storage areas on the n&h "i0".
in" indoor storage areas are proposed to
be in the form of covered parking and garage space. The applicant has represented the
following regarding Compatible Design'
new impacts are proposed, reclamation is
of-this approval. The application includes
not
the
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The intended use and structures are compatible with neighbors and area'
Sife has excellent buffering visualty from iees and naturat vegetation' We
fottow strictnorse and activity limiti that have functioned well historically'
staff agrees that the use is weil screened from adjoining uses and from the public vantage
points by well-estaOtisneO trees. ft is a6o undeistoodtnat the only noise generators at
this facirity wiil be motor vehicres and wiil not exceed existing rev_ers generated by the
Legal Non-Conforming use on tne property Stalf recommendl a Condition of Approval
that the ongoing use of the property compty with local and State noise standards'
Adequate parking and circulation has been demonstrated'
lndustrial uses are not subject to specific landscaping requirements of the Code'
However, the Appricant has demonstrated that exisiing randscaping on the property
proriO", sufficieni screening of the use from the pubtic vantage points'
Section 7-304 Lishtinq
TheApplicanthasrepresentedthefollowingregardinglighting.
Alt exterior lighting witt be downcast and shielded. All lighting in general is
and wilt be LED high efficiency lighting'
Section 7-304 requires that all exterior lighting meet the following standards'
A. Downcast Lighting.
Exterior tigiii; snrit o" designed so that light is directed inward, towards
the interior of the Subdivision or site'
B. Shielded Lighting'
Exterior tigitiig siall be fully shietded or arranged in a manner so that
concentrai",i rZvt of light witinot shine directly onto other properties'
C. Hazardous Lighting-
Thedirectorreflectedtightfromanytightsourceshatlnotcreateatraffic
hazard. Coiored lights siall iot Oe use| in such a way as to be confused or
construed as traffic control devices'
D. Flashing Lights.
Btinking, flashing, or fluttering lights,
changing light intensity, brighfness,
disticts.
or other illuminated device that has a
or color, shalt be prohibited in all zone
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E. Height Limitations'
Light rorrr",, iiich exceed 40 feet in height shall not be permitted except,
for temporary hotiday displais;; ;; req"uired by local, sfafe or Federal
regulations.
Staff recommends that the 7-304 Standards be conditions of approval'
Adequate areas for snow storage is available for the proposed facility'
These standards are not applicable based on the proposed use.
Article7,Division3,Section7.1001:lndustrialUseStandards
The Application submittal addresses key industrial use standards from the Land Use and
oererSiment CoOe iummarized with staff comments below:
A. Residential Subdivision
The location is not within a residential subdivision'
B. Setbacks
As is noted previously, the Applicant is requesting a waiver from the 100' setback
requirements for inoritri"r faciritie;. frre lusiitication for this waiver is that the use is
currenry considered Legar uon-contorring and is subject to standard building setbacks
within the Rural zone district, not in" 100i setback' App$ing the 100'setback to this
property would "tf".lir"f, make tne'ilgal Non-Conformingj Uie unworkable as the area
to be too small. The 50,setback iequisteo is.consider"i " middle ground where the
county can obtain some rarger setbacks from those currenfly required and the property
owner can maintain a workable vriJ rr"". lt is staff's opinion that, since the yard may
continue to operate as a Legar Non-conforming use, permitting the.use with the reduced
setbacks is wortin! 6;rd "compriance and greater compatibirity with adjacent uses'
C. Concealinq and Screening
TheproposedContractorsYardistobelocatedprimarilyoutdoorswithsomestorage
occurring inside a proposeO grog". inl p.p"rty has significant screening from many
public vantage poi,it. a, , res-rlt oitn" mature trees atongbR 100 and the location of the
facility behind the primary dwelling unit Ple_ase see s;ction 7-301'The Applicant has
reprelented the following regarding screenlngt
,,
The[Waiver]requestoncon.cealingandscreeningisintheinterestof
maintaining ih" .hrocter of tne are"a as it has stood for many years with
naturalvegetation acting as the screening' lt has worked well and when the
yard is in a time of lower ,,", it looks like a pasture instead of a screened
contractors' Yard. "
The use of shop/garage will screen and conceal a significant portion of legal
nonconforming use. site has "r""ir"nt
natural screening from vegetation
andtrees.Yearsofusehasshownthecurrentconditiontoworkwellto
concealandscreeninan"trr"t*rywithouttheuseoflessattractiveplastic
screens.
BasedontherepresentationsbytheApplicantandsitevisits^!{:Ii:l"tty'itisstaff's
opinion that a wairei from fencing or'liher fuil perimeter screening is appropriate and
,""tt the requirements in Section 4-118'
D. Storinq
The storage use wi1 be a minimum of 50 feet from the property line should a waiver from
the 100 foot setback be approved. No hazardous or petroie" p.'9g'cts have been
represented to be stored on the p.p"rtv. staff recommends the foilowing conditions
reiated to the storage standards'
- Materials should be stored on the property.in. a form or manner that will not be
transferred off the property OV
"nV
..i,tln'blY foreseeable natural cause or force'
- All proOr"i" "naff
Oe ,ior.b ir{ coripfialge-wilir.all national' State' and local codes'
- All storage should ne a minirn'rr'J SO feet from an adjacent property line and
remainwitnintheidentifiedContractorsYardarea.- Any p"troierm and hazaroou.'piooucts shoutJ ue stored in an impervious spill
containment area(s)'
E. lndustrialWastes
No industriar wastes are proposed to be stored at this facility. lt is recommended that a
condition of approvat ne iOOea t"qriting adherence to this Code standard'
F. Noise
NoisegenerationwillneedtocomplywithStateregulations'shouldfutureviolationsbe
noted the Applicant shall ne ,.e{r'ireO to actrieG "o*pliance
through mitigation or
operationat changes (i.e. hours ot Ji'"irtio;, G"? of contractor uses). The Applicant has
stated that the uie wiil conform to'state noise standards. rt is understood that the only
il;" generation will be through motor vehicles'
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G. Ground Vibration
No ground vibration is expected outside that created by motor vehicles' lt is
recommended that a condition of
"ppioval
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 O"yol-d 19
property boundaries will be conducted betwlen the hours of 7'00 AM and 7'00 PM
Monday through Saturday, or as approveO OY lh: decision-making authority'" The
applicant has proposed more restrictive hours of z.oo AM to 7.00 PM Monday through
fii'Oay. Staff suggests this be a condition of approval'
The Applicant has represented that the use will conform to the standards for interference,
nuisance and hazards. Staff recommends a condition of approvar 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 substaniiatty interfere with the existing use of adjoining
property or that constitutes a public nuisance or hazard' Flaring of gases'
aircraft *rrning signal, and reflective painting of storage tanks, or other
legal requirem"entJ 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.
SUGGESTED FINDINGS
That proper public notice was provided as required for the Director's Decision
That the Application does adequately meet the requirements of the Land Use and
Oevetopment Code of 2013, as amended, with approval of the following Waivers:
section 7-1001(B) - setbacks, section 7-1001(C) - Concealing and screening'
and Section 7-1001(DX3) - Storing Setbacks'
That the application is in general conformance with the 2030 comprehensive Plan'
as amended.
vll.
1.
2.
3.
t9
VIII. RECOMMENDATION
staff recommends a finding that, with the recommended conditions and aforementioned
waivers, the proposed contractors
-Yard, small is in conformance with the
Comprehensive Plan of 2o3o ,. *"it-r, the Land Use and Development Code' Staff'
therefore, recommends approvar *in conditions for the Funsten contractors Yard, small
application.
Suggested Gonditions of APProval
1. The Applicant shall obtain a driveway permit from Road and Bridge and construct
any required improvements prior to issuance of the Land Use change Permit'
Demonstration that the drivewrv p"i'it was issued and all required improvements
have been completed shatt be submitted to the Community Development
DepartmentpriortoissuanceoftheLandUseChangePermit.
General Conditions
2. All representations of the Applicant contained in the,'qP!1"-'l'^"1^including the site
plan and overall dimension, oift contractor's yard shali be considered conditions
ofapprovar,nr"''specificallymodifiedbytheDirectorDecision.
3.Thattheoperationofthecontractor,syardshallbedoneinaccordancewithall
applicable Federal, state, ano tocat ,"g,|'tions.governing theoperation of this type
of facility including, but not f imiteO to, iuel and hazardous materials storage'
4. All activity and structures associate with the contractors Yard' with exception to
the access road, sha, be conlain"o within the area identified on the site Plan and
be at least 50 feet back tro, ,ri'pr"p"rty lines The required.50' setback shall only
apply to tne arla identifieO in tne site plan to be used as the Contractor's Yard'
standard county setbacks tor ine underrying zone district shail appry to all other
uses outside the Contractor. YriO area ind not associated with the Contractors
Yard use.
s. All indoor storage areas, covered parking, and garages associated with the
contractors yard use must .orprv *ith ail ippricabie bu-irding code requirements
and be located within tne area i,ieiltiti"o on tire sit" ptrn for the contractors Yard
andbeatleast50feetbackfromaltpropertylines.
6.TheaccessroadsfromCRl00shallbemaintainedtothestandardsoutlinedin
Section 7-107 -
T,Noemployeesorotherpersonnelshallbestationedonsite.
L
9.
All lighting shall be the minimum necessary and sha.ll comply with Section 7-304
of the Land Use and Development Code inciuding and shalldown casted, shielded,
and directed inward toward the interior of the site'
The operator acknowledges that Garfield county has the following standards for
lndustrial Uses as desc-ribed in Section 7-1001 and as outlined or otherwise
modified below:
a. Materials shall 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.
b. All products shall be stored in compliance with all national, State, and local
codes.
c. petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
d. All industrial wastes shall be disposed of in a manner consistent with
Federal and State statutes and requirements of CDPHE' Flammable or
explosive solids or gases and other hazardous materials including wastes
shall be stored according to the manufacturer's standards and shall comply
with the national, State,Lnd local fire codes and written recommendations
from the appropriate local fire protection district'
e. Noise shall not exceed State noise standards pursuant to C.R'S., Article 12,
Title 25.
f. Every use shall be operated so that the ground vibration inherently and
recurrenly generated is not perceptible without instruments at any point of
any boundary line of the ProPertY.
g. Any activity that will generate noise, odors, or glare b-e_yond the property
boundariei shalt be conducted between the hours of 7:00 a.m. to 7:00 p'm'
Monday through FridaY.
h. Every use shall be so operated that it does not emit heat, glare, radiation,
or fumes that substaniialty 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 requiremEnti for safety or air pollution control measures, shall be
exempted from this Provision'
21
EXHIBIT
I
Guffield Coulnu
PUBLIC HEARING NOTICE INFORMATION
please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
My application required written/mailed notice to adiacent property owners and mineral
owners.
V
-
rr,,ed notice was compteted on the go"r r, frlv nftV ,r$
V 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
d
V
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 tlirtl \IPE4(AL 5
LLEr<fi - (- A5 EY L.av,t f,rfCF- la eFGN?
r Please attach proof of certified, return receipt requested mailed notice'
tr My application required Published notice.
Notice was published on the daY of
. Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notice.
Notice was posted on the daY of
Notice was posted so that at least one sign faced each adjacent road
generally used by the public.
Signature:
Date: /
20
tr
20
right of way
I testify that the above information is true and accurate.
EXHIBIT
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From:
Sent:
lo:
Cc:
Subject:
Michael Prehm
Wednesday, January 10, 2018 8:45 AM
David Pesnichak
Dale Stephens; Dan Goin; Rayjean Roman
Funsten Contractors Yard (Referral Request)
David,
The proposed Funsten contractors yard at 3G27 county Road 100, File #GAPA-12-t7-860l, will be using the existing
driveway. If approved a Driveway permit *irr u" required from Garfield county Road & Bridge. Garfield county Road &
Bridge have no other concerns with this applications'
Mike Prehm
GarfieldCountY Road & Bridge
Project Foreman
(9701625-8601 office
(9701 625-8627 Eax.
EXHIBIT
Xs
From:
Sent:
To:
Subject:
Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Friday, January 05, 2018 5:00 PM
David Pesnichak
Re: Funsten Contractors Yard, Small - Referral Request
81501
www.cotriP.orq
David - I no comments on this use. This use appears to be existing and it is unlikely there would be a20o/o
change in use. If you have any questions, please let me know'
thanks
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970.683.6284 I F 970.683.6290
222 South6th Street, Room 100, Grand Junction, CO
daniet.roussin@state.co.us I www.codot.eov/ t
On Fri, Jan 5, 2018 at 3:30 PM, David Pesnichak <dpesnichak@garfie ) wrote:
Hello,
The Garfield County Community Development Department has received an application for an
Administrative Review LandUse Change Permit to allow a bontractor's Yard, Small. The Contractors Yard is
to be located on an approximately 3.99 icre parcel and is proposed to be un-staffed. Since the Yard is proposed
to be un-staffed, demonstration of legal and adequate water and wastewater is not required. The Co_ntractors
yard is currently existing as a Legallon-Conforming Use that has been in place since before Garfield County
instituted zoning in 197i. The purpose for this r.qu"rt is to legitimize the existing Contractors lard use by
obtaining a Land Use Change iermit for a Contractor's Yard, Small. The property is currently developed with
a single lamily dwelling unit and accessory dwelling unit (permitted in 2014). The property has access onto
Courity Road 100. The property is cunentiy served by an OWTS and onsite well. The current parcel is
identified as parcel Number 239131200004 and is identified as 3627 County Road 100, Carbondale, CO
1
JE
&T *t&jff'€rJ T t/{ tt
GANTIELT} COUI{TY
PT.ANIIIHG OEPARTUTNT
EXHIBIT
ilolrert{}er 25, 1987
&,on and Sekta Ann Troxel
362? fr, M" 1S0
Carbcndal.e, CrJ 816?3
De&r idr, and t1rs. froxel:
&iclosed is a stipolated nxction and order for dislrlissal wiLhout prejudrce
;i6 regard: 'to :case lb.'8?ry?69-3, giaLrlcE -Burt, Garfield County,
l"i"rrOilfipf.i**'i.ud fta i!d"u*ntrcarefuJ-Iy 'and'el$n and return it ro
rtrig-offlce. t'' ': : j'"
"r
{tris docr.umnt is being offered in r*oEgritlon,-of -the aPParent reliance on
y""; p-}g-*;g[t*run& fro*'aertar,ri prlb]iq off icials and repreqent:tives
in tire dwel.opnent' of 'your property'to datb.'-'In esseoce, fhe uses' yotl
i"**-'pr**tff * ]6qtr pro,Bertt rfilL be consi&red non-onforadng uses.
i* *V mlfinie to uie *e *ryerty in ttre nnnner noted in 161lr Septe*ber
iil lg*l-1"iiJn, -nrt you iannot.' e:rpand .Lhe oo3,-conforndng usg. I1re
.iiritiixi.f!.lrl:ssrieg','or ieataL storage uni"ta rrculd blei claseifi'ed,/as -6n.'
;6ili* of the na*.co,nf,om:ing use" - 11tere are no,'prbvieions for
p*Lit,ii"g ehis t:pe af in tf9 a,f'p lone district' so it is not
iliuinl" Iar *le Coiity ro 1egally authorla<i your pto'osed use-
Xt ,p,l }}ave aqr guestio(lg or co{lcarn.a ahout thls i.esue, feel free to call
or icite Lo t-lris offiee at your convenience'
SrncerelY, , ,4-{Y}a4/66'^"--
t{ark {, -
Director Ir.
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lk Mark L. fies.:
109 8,ch sr.
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Glenr.rood Sprlng,s, Co 8160I
Kel Pre-exi"stine, Nor-r-co,'rforming use of pr(,perty
legally described in arrech&ertE "A".
D*ar ldark,
rhis letter i$', as per your requesf, aE our meeting on Etre afterrroon
of $epr 11, 1"987.
Ym indicated that thls letter should state Ehe reasgrs and incroerri"
thaf I believe givt ay vife and f a legal pre-existing ncn--cwrf ormiurg stacus
virh regard is the progerty ltsted trr attachmeau A. Ihank you for thts
opporturlty.
Orrrs lras the flret r.urdergrotrrd eorerructlsr company to be called upcxrto h€1p Et,art the t'qrdrr of Vatl Cclorado, East Vail 1 Blghorn subdivlslo,n,
and l{est Vail . He r*ere also tnstrunental , durlng, the building of, Ditlorl
&eservoir, tn movlng 3nd relocatlng uhe tor+n$ of Di1lon and Frisco Cc,1 orado,
I statt,ed ln the wrder6round cwretructtml tlusiness irr 19&6 aE the age of 15,
and harle been actlve fur i.i for 41 years.
Dtrirg our sta)r ln Yait, I sinply grel, too fast. I had m*chinery working
ln 5 counttes. It becarne apparent, because.hre rier€ having difficulty collect-
irrg accomte raeel.rrablec, that ve wer€ not maklnts a proflt. $o i:r 1966-67
rle seld our equlpoent la Yall., afuned a no co{petiticrr aEreement, paid aII ourbille *nd moved to tlre Soarlng I'ork Valley"
Xtth ay ulfe, Ann, and our four chlldren I leased a house at Rt. 1 Box
l":.2*8, CarbcrdaLe . Apprx 11 allee Eaet of Caeberilg corner on Hwy 82, Iagail st{rted purchaclng aqulpnrcrt for my c(Irstructicn firrn. Scruecisre iJl
1969 Garf,te}d Coragy rec€lved a eeurplainl about ny equiXmenr beilg unsighEly.
Xhe campl*lnt ca&e frq a close nel.g,trbor, lfr llake. A gentteoan frcrn Garfield
Cotnry inspected ury locatim end asked Ee to nove it sffBel,here else, l,lhile
I nac cantemplatl$g thai a$d about a ncrrth latcr, the man frcm Garfie).d cor:rrty
and the Carbsdale,Echoal princi-pa}, lfr Parker, and a &an frcrn che Co1 o. State
highvay deparuuent came to my hcme. They sald that lf I uould br:ild an areaf,or the Carbcrrdale echool bus to turn around ( in front of my house) E"hey would
altrov alo to leave ay equipnenL t-here" I builr rhe bus f,urn around, gladly,
and the Echool bur stilt usec ir.
Abqut 2 years taE€r, scraeEiJtr€ in 197f , another ne!.6hbor became irrlf,ated
becauas I xoqrldn't plo*, anou fr(I hls road at no qost. ilr Chlhoff ecrnplalned
t"o tlte Cetllty about ay equtpmesrt. Ttre cor.:nty sent a representative out and
he *atd I esuldn't stcre my eq.uiporenL there. So, ue started Looking for a
place ro ltve that ne ea;1{ alao rr.ln our esratnrclie} btlcirress frcu. It tool(
us ab*rt a y6pr, but r€ f,rqally fotsrd our ptesetrt beee Ev 3527 Co. Rd. 100.
At that t&ne tlre addre$Eea rmre all rural:route nr.abers. I{hen the Posral
s{ririce cbaaged to a bnr.rse .nrnbering g)reteil, they designaEed or.rr comrnercial
1ct at 357tr 8d 1SO and our ham€ {t'3627 nd 1O0.
2 * l{arh Sean
Ereezy and Hary Lou Zordel had Lhis property {r:r sale, and because of
pres6ing needs, offercd to trouer Ehe price if L could swlng Lh€ dotn pal1nent.
ltr rr-nle (erbas rith fhe Firsf t{atirrnal &ank, waa t}re AeRtleman we uorkect r.'irh
1n purchastn6, equlp*a€nt for the ecr*pany. lle re-f,Lnanced ss*e of our hea\-J"
equlprnenr and xade it pcrssible" iic*ever, before xe urould sign the purchase
doeufirents ve lraated a$surance that I could cmduct rny busirtess, r*rlch by ehis
tifie $as severa} bus:,lesses" frcrn f,his property. Breezy sald he u&s posirlve
if Hes 0. K. buL tle nould check with our counf,y csrurissiorrer, Mr 8usby. I
vpuld cheek uith rhe buildlng depart$snc"
Eoth respooses !*ere positir,e. Cmr*rissi.oner Busby said char 6arf ield
Corx'rty llsrld:r't r€atrict &y csmercial use because fhe adjoining properrl' anc!
other prry€rty in tlre sarte locale uere also bei-n6 used Ln a like manner- Ttre
Garfield Ccrunty !nri1d1n6 depr. told me Ehal as som as the nev 4 laoe hi$hway
{h*y 3?) rra* r<xplete throuEh thls area, it nae very probable rhar I would be
zsred eqmtercial anyvay" Hhether I wanted tt or nct,
$on yirtr dlat I b€lieved f,o bc Garfi.eld Courty'$ approval , I baug,h. the
prop€rtlr, mov*d furto ffre house and rnoveC my equip*rent anto t.he lq:uer ? ilcres.
At;.act1glent *tr ts the plnr cf fhe propsrly as deli.vered to lne ot Nov 1,
1972, beari,ng rhe dar'es of !{crv & *nd Nov 23, 1970. I rcas under the i$pressicxr
rhaf tr was purchaclng 2 - tva acre lots, Sq, I buil.t Lhe access road as des-
crlbed thtough ttre reeldentlal 2 acres lnto the ccsunercial 2 asres.
I had bcaa bufkrg and s€l,l"lng vehtclea and equlprent for severaL years,
so I apptled to Ehe Gol.orrado Sealers Board and becrme licensed as Thunder River
??uck x*d Equtp" Cc (a deal"erstrlp). CIurin& the flrst year erf <>peraEirr r,te
developed cn thlE prep€r8y LlIe follsving rypes of busi-n€$se$;
1. e m*trtrctlst c@PanY
?. Cslarado Betall & r*troLesal"e dealershlp-
3. Truclri.ng ccnpany.
4 " Heehanical repai"r ahoP.
5. lrleldllr6,, fabrlcating & machlne shop.
6. $aora&e yard (both i-nslde & oursicle)
?. lmpound lot
B" &l.a*t.llrg csrtracLor.
9, [qulprnent se:.45, r€ota1 & repair.
lO. Snotl rc$oYaL c€mpany.
11, To*1n6, & wrecker servLce.
I mse &ud !{t}rrer ehortly after r*e r*oved in. I aaked hi-tr if I cou}d build a
bul-ldtrrr,g oI} the lorrer 2 acree so I could sork sr equiprent ouf of the snol.r & mud.
lle aar.d to brl.ll"g hi""o a copy of the plarrs for approval and I could build i't. Basec
o(t fhat rsapslee, I bougbf a but}ding f,rm ltarrlscn*IJestern, thelr shop aE Norrie.
r rms thelr cleanrry eor}rractor and I patd Ehem $5,0oo.00, ln work performed, for
r,hetl: 1S0'X 60'buildi,ng. It cost appro(. $71000.00 to di"smantle and stsck it cn
pal).eta, In tlre reantlse I had prepared the footlngs and asked Bud to lnspecc
lhes. lri.tli5rrr3' aay roll.a tests, 3ud furned tben dorsr. l{e eaid I r.rould have ta
reeote all fhe sotl i.ardsr the footlngs and brlng in ccropactable material and cunpaci
eo 95tr ?.4". I atarted tlla'ereavaEion and for.md the $acceptable material uenf,
d<x*n 15.. Uei"n6, the dlrecrlm 6,iven by Carfield esLs"tty, I excavaf,ed an area
3*Xark &ean
!00 fr. 1q1& x lo0 fr. {ide x l5 fr. deep on the properf,y i-n quescion. As i
removqel the material, 1 lraported 5,ood ccnpastable material ' I t:auled and placeC
{lver ?2,000 yards to acccraodat.e truo. Then, vhen I vent r'o \orrie to gef my bulid-
il1g Lf vag gtrte. Harri,sst-l,lestern i-nfor:ned n€ that fhe !'oresf, Service had a
deadllne, so rhey to{,& lt to $out}r Dakaia for snolher job' &nd since m1' bill f cr
s{srk had been narlred paid, I dtd &ot &er my mol}ey bach'
In rhe meanri,ne, appro( 1974,8ud *arre to my office (m the proPerry) and
said tha[ $omeme Orlvini doun highway 82 had ccmplained abouL the looks of rny
four 5OO gal. fara fuel tankr. H; firsf, asked me [o hide them frcrn view frcrn
hxy S2. l{or.rever, no sucfr loCafion exists, so Bud then t'old *re he *qrt.rld really
trike it if the f,uel- tanks rrere burled. I told hijo that uas i:npossible ' the ranks
t had uere nof designed for burial, They l,,ould' just rot ouE' lie asked me to Ehirrh
abnur iB. 1d1d. lly fuel eupplier cold r*e f,haL if I uauld hury 8'O00 Eal tanks or
largtc, bc coutd d*tp a c€lnpleEe tanker, so he cor,rLd sel I rne l'ue!' tor less ' I r'(}r":lil
n{rr hav€ ccsrsldered lc just Eo Bet a lover price, hsr'r€'fer, carfielc cor'rrrtl'uanrec
ms Eo cure tfle e(IBplalnf probleur eo I spent !n excess (]f $2O'OOO'00 to lnstall
t*o gr000 gal elesel ta$k; antl rre 10,000 6a1 g,as ta$k. Aloag with a concreEe
lslanrl, new pufilps, guard poecs and undergroturd elecf,ric" Bud even senE a man out
f,o insp€cE mY inetalLattm,
&s lcri& a5 xtry fuel rsas aboYe grourd I had a problem uith 6as being stolen
fatrly easily. O**" I put in the,rnOergrir*rd Lanks, I fiad "'people" slphonrn*
fuel sut. of tuy eqtlipeoent. I tried puttixg an locking gas caps but Ehey just' f,ooh
a ha$resr anA Ueai tjrem off" $o, rryi.ng to &et poli'ce prot€crlo$ iurd falling' I
decided to puL uB;ur 8'hlgh u*c.rrlty fenee. I uent to Bud a5,ain and asked hLm if
I needed a perrnii to build fhe fence. He said I ttlds't' so I proceedecl to irstal-l
ir. The fence cocf 8!e jugt Ehortr of $?0,000'00"
I had. to brl*g iJr eleccrical por*er to eperate rhe fuel punps and Ehe nelj
Lrarer r,;€1} that t*as adjudlcared in 1975 {approx). I also gravelecl the encire 1cr
btrlthe6rave}"keePssklkln&,scl.vedonerhaf3or4EiJ'res.
The sr$all" g*r&8e uhictr exlsEe in Che lior&hwesl corller was &pproved i'r:197Ct
ferr cffiisLruct,lm at Lhe saee tiJBe as thc perNrir uaiE i'ssued uo build rhe house '
Ttre ochex large &ecal building uas the result of a ra;her unusual circunstance '
As L taye explained cn page ?, cne of the flr.st rhings I did after buyinB the
pr(,perty Has ro ask Bud Itilqer absut puttin8 up a buildirrg' In trre course ot
ab$xe rhrce years L *pent (or lost) approx $25,OOO.00 trylng, to ger the buildi:r&
LhaL I sn deeperaiely needed. $metime il I.975 I xas drl'vi"ng, pa$C Rex coffman's
pi*** €n 6,aad 100 and he r.ras b,ulldtn6 rd:lat Isoked tiJre a seatrl sho0' I asked h!:r
h.ru lre uas doing that nithaut a bullding permtt. lle ratd he didn'I need orte r0
br:lld a barn, I again $ent tro Bud- I told hie I really needed a building for
*Jr "qulper'rt 1lscds" ftrat €v€n a ballr nsuld do. lle rold $e that if a bar:n uould
sufftr"ce, So aha&d a,rrd bulld :t" trtere I had been spmdlng tlrousanels of dollars Lc
6,er pefieiisi-on ts brltld a shop and Bud is rell"ing me, if I call it a barn L can
build iE.
5o 1di.d. I bought this bulldlng for $5,090.oo, patd aPpr${ $7,000'00 ro
disr*antlr it aJrd haul Lt t.o my yard and approx. $5r000.O0 to erect it- carfierd
csunty building d€pt. inspected fhe footi-ngs and beas erectiq,r arid accept€d it'
As far as I kner,r, Lveryttring xas O.K. I used the building alcerg uiLh Che ether
smaller Uuifdkr.gs for my buaisess, *rid trnttl actteBle made a coaplalnC abour iE'
&ud 1ha& "tttruf rrte3nl rpe letters and I qutckly 1earned that' I russn'f, supposed
ts use t.his buildi-ng fcr anythlng, Er!&! !'t&sn't g,ror"rn or used for t'he Flroperty'
I v*uld feeeiye a tiCter and drlr"e LD Gle1.utlod Lo find ouC lr<rn tJud wilaE t"'.5
& *!1ark llcan
lrremg. Bud knell $trat I needed the building for and I f*el he should have eold me
of its 1i.mll*lic're before I nent to al} rhe rlme and fi.nancial expense of pulaing
it up. tnstead, afier ile erectlqr, Bucl informed me EhaE I lorlfdn'L use it for
fhc mly purpo6e I had for it. Everyti.me he received a conplai'nt, he r"rot€ ne a
letier felltng &* to stop usln8 fhe buildi.ng. And orl every cc-casion' I uould
drive l* Glenrcod, sit, doriar vith trim and ask hi.n r'lhar tre uanttd t*e ro do' -lr:d
xould alvays play lt dol* arid tell me RoE to $orry about" Lhe silly ccaplainrs '
$a nsx I have be*n uelng fhe building, for a rron-cotrforzaing, use for over I2 ;ears
xit|,l 6arf ield Cor.nry'a knorlcdge and blr; *sing, '
tln Nov 1,6, 198,2 I was tn jured crn a Co.lsf,ruction pro.iect in &s!)en, Ji;)r"r. i
cfinpactor $o111ld up cn rop of me and lrorl , It ruprured I discs anrl hrakc'nry lacK
i-t,i i plaCes, I had extensive back surgery. I recovered f rr;r1 f he r;gicrat irxr : ine
bur ix Che heallng prncesar IlI spfulaL;[rqa oYercatcified and resulted i-n ['he
candlrisl f n1u slfier frcp. 5plnat Arttrrriris. As a result of Lhi.s I sgarLed
reducln&, my lnventory of squipulenr ir 19S3, r,rhieh inLenstfi*d the use of my
dcaler$ llcense. f,yan rho ve disposed of most nf our heavy equiprnent, ue are still
us:$6, ttle Lot fErr all Ef the aforementtrrred gass' The aceftlent Has covered blt
Hrrlr:sen'a CmpstlSetlsl , $o a:&ce l{ov 16, 1982 I have had no tnccrne exeept for Che
*"fl craB*ruitlrrr chachs €nrery 2 ueeks and ubat, lltEle rle treceir"e fron use of
o.rr p"op*"fy. ThG lffis erf, aur non-c0nf{rrmi'n6 uee atatus vould caus@ a Cerrible
f inancial lrardrlrlp sr my lllfe and I.
frr 1g&3 we declded to srIl the cq&rnerclal 2 actas to toy scrr Bandy. l{is
i,fentl-cn lraa e{} build a hqtS€ on it and Csrtinue the ncrr-csrformin8 use in a
mk:fuaal xay" Xe fi"led for an ex€mpflffr r'rith Carfi'eld coulry' Attactuoent "C"'
lrltren ue appeared before the Cemisslqrcrs (Jl"r:r Drlnkhouse, Flavin Cerise and Larry
Vel*squezi'anc evcn tho all mmbers of rhe board approved che exemption' a
y&ung lady frm X.a*utng & Scnlng &ppearcd and said Ehat she uould approve rhe
e*mirio. fftty 1f I r,l*uf.a sign a docreent i-ndicaring I uou}d abandon ny pre-€xisri:ig
nel-cerf"srmi,}g us* ar1d restqra th€ pxoparCy to its "original'" ecmditioo ancl use'
I ,,,ie$€d th*t a& courrtr ptannLng, blaelqtsEil . It aoul'd cost. u$ aPprox $1C0,'JOO'OO
!* property devaluation a*d appre( lZ5rOO0.00 in resf,araliorl. Clearly, Garfield
eorxrty kl}er, aad accep&ed our aooeoo.formlty at tl.aE cime aJ}d uas using my requesE
for an fixe$ptlo(t, *rLn I rrae legal1y enEitlsd Lq, a6 inducemenr for rne ro give up
rgy nsn-cgnfmmlng uoe. !{aln}y b*c*uge of ths cgst, and eerfainly not to tre
Bbsti&aaa ts!,rard tlre eelnt:r, i rcfured te sign Lbe docment and Garfi'eld County did
not a?pr0'!r€ rsy '"squest
f,sr t,rertpttr(lt. Xhtell I etlll belteve I arn entit'Ied !o,
sittrour crrdittena. t&efererrce 82 An Jur ?d &178, aerring and plannk6' X nonetrl-
for:aixg use8, pa8e 6$4,685. f,est paragr&pb arrd ccrrtlnueln6 i"rr lsr paraBraph
page 686. &tt&elteent S" J
ourlng our &eet1JrS xr sept 11, 1987 yo1J st4led Garfleld county's position
a* rhic;
1. Ttrar *ur p1ryef,ry r.lax zqred agricr.llt*re prior to ovr purchase in 197! a:id
theraf,or dcss rlot q""itfy as a Pre-exlsting nwr-csrfsrrning use' Y6ur lerfer of
Jr.me 18, 198? elearty spaclfles ser]t!{'l 3.02 of the 6arfi*1d county zwrirtg Res-
*l,u&!cr'{ of }978 ar arr*ndcd and $eerioxl 30*28-1 2r. (a}-te) el{s as a*ended' Flease
nsrc thrlf Lho rhe aeendmeat.$ abcve Here dra{ted ln 1978' they uere ilot eflacred and
adopted rmrll JanuarY ?, 1979.
In ans$er' 01rr Pooltion lsl
3O-?S-1?0 {1} css (arr*chnsnt E} ladlcaces; The laufu! uee of a buildin6
s,r struel*tre ,,r rhe lalrfu1 u*e of any 1and, as existiaB and lar*ful aE the rl,ie of,
fbe adcptiorr sf, & zcnin8 resolualsr OT, h the cae€ of an gm-en&oent of a.reso-
-
Luttm, at tlrq l.me of i**.ff{eiot, *lv.y csltirru€d' <ho such use does not
crrrf,om t{ith the provlsl{ms o' (t*derlining added)
S-ltark [ean
1. In looklng at our deed of trust you Nill find it dated }{ov 1, 1972. l.le
do not belteve it cmsrirutimal tc enforce a zonin6 re$olllrion da[ed Ja:r 2, 1979
? . &at, if indeed there existed a a*ning regulat iorr in 1972 thar prohibiced us
fran uaing rlre properry for those pur!.,oses f,he! ure engaged in, Carflelrl CounEy
nor only knex of Ehe property'g use, but encouraged, irspected and ap:lrroved Ehe
property and all the lre$s trr said property f or i.ts nsn-con{or':*Lng use. l.le
believe fhat by lte aetlane, Garfleld County aecepted and approved our lrroperr.yfor itr nm--csrfcr:ni.ng, u** irr 1972-73. And relying sr that aeeeplance and approval
bhe trn:rels X,.nverted srss of lacley exceeding $125,000.O0 to promofe f,rreir
nsr-cmfsrmi-ng ure * m the property.
Agaln I apryoglr€ l{ark for not beirg here Lo respmd to your leEter dated
Jwre 18, 1987, 3ut as I tol,d you, ths death of my Hother in Hay, the d?ath of
ry Yifo'a t{otlrer in Ju1y, the bmlal arrante$ents and settling of Lheir esLaEes,
t.he graduatim of my rrly d*ughter from college ln focatello, Idaho kept me a;*ay
frcm thla area fcrr abnut 3| aanthe Lhia suruner. By the uime I actually vieued
yo{.rr lctter i.n eaxly lu6uetr yanr 3O day deadllne had long since pa$t and since
no &ctltrt had been !&ken, I aeccpted your letter of a 1lke narure to the ones
Sud Ftitrncr ugerl to eerld" llht"clr he alr"raya uaved off, as being norhi,ng to worry
abo{re " Sy nog r€$perdkg, I can easi}"y undcracand and accepr rhe &ction caken by'
earf,leld Cot:nt,y. Xy hope aot, ir *irnply that Garf ield County xil-1 accepf and
pro:&ct my rtght to pre-exiatlng nsn-qcxrfontirrg, us*.
I recei.ved Lhe &ra&crc anrd cmplaixrt on {iept 8, 1987 and mu6t ansuer t.haE
sirmsna ytthtn tlre$f,y (2$) {ayc. Beeause of the cftrstraints p}aced crr me by
Lhat, deadllne, I xEtrld ask tlrat you dlrecf f,he Aeel.stent County Altorney, Mr
Jam*s A. L*ufhaqs€tr, to rlthdras tlre srr&on6 at Lhle tirne andriri the unlikely
sv€Ert, r.s csnast dleEolve t"bls gue*t1rr, ref,lle the c*aplalnr as a last resort.
tr dei aot rrten t"t intel!"lgat or produciivc Lo lttigsre jurt for the sake of
}ltl$rtlm. Aed, to rrlttrdr*r ths ar.wqre dq8e not, preJudtce yotrr rlglt to re-
t:rrtltuta lltr"€at,lcr lf all elee f,all"e.
?hart yen"l for yo{r tise and patlenee.
fiA$O Of,IIYEREB;
$ incerely ,
. lll HhnBih'l'Hrlll{il lti h'11hl|,lLT'rlt'll'lqr}l} I ll I
ReceotionH | 852740OefrgtZgt4 10:33:54 Atl Jean RlbericoI ol 4 Rec Fee:S0.OO Doc Fee:0,00 CARFIELD COUNTY CO
EXHIBIT
LAND USE CHANGE PERMIT
for
A s.gisl Acre Parcel of Land Owned by James Funsten Located Approximately
4 Miles Easf of the Town of carbondale off county Road 100, Known as 3627
county Road 100, in Lofs 3 and 4 of section 31, Township 7 south, Range g7
West Of The 6th P.M., Gafield County
(Assessor's Parcel No. 2391 -31 2-00-A04)
ln accordance with and pursuant to provisions of the Garfield County Land Use and
Development Code, as amended, the following activity is hereby authorized by Land
Use Change Permit:
An Access ory Dwelling Unit as shown on the Site Ptan Aftached as Exhibit "A"
(GAPA -78e7)
This Land Use Change Permit is issued subject to the conditions contained in the
Resolution of Approval (Exhibit B) and shall be valid only during compliance with such
conditions and other applicabte provisions of the Garfield County Land Use and
Development Code, as amended, Building Code, and other regulations of the Board of
County Commissioners of Garfield County, Colorado.
ATTEST:
ELD COUNTY BOARD OF
COMMISSIONERS,
i sEAr, i
l:.......,{'"Roidiiob
Page 1 of 4
t lll fl,tt r lill' l['J lHli trl Hl! ltli I { t #tl [t I L I Jr I'rl, Il I I IReception$ | A5274O
OBl19l-2O14 10:33154 AIt Jean Clberico2 ol 4 Rec Fee:90.00 Doc Fee:0.00 eAnftELO cOUNTy C0
Exhibit A
(Project Site Plan)
II
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I
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t
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*\$97
- I I I ll[r H[ [Ll H I Ltltil lli I" hi'f lil I !'U'ilir Ul.1 I r'h [Tl' ll ll I
Receotion$: 852740
@al19il2a14 10:33:54 Qt'l Jean Fllberico3 of 4 Rec Fee:$0.0@ Ooc Fee:O.@O GARFIELD COUNTY C0
1.
Exhibit B
Conditions of Approval
All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Board of
County Commissioners.
The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701 of the Land Use and Development Code of 2013, as
amended.
Floor Area for the Accessory Dwelling unit shall not exceed 3,000 square
The ADU shall be required to meet all Garfield county Building code
Requirernents including but not limited to additions necessary to meet minimum
size requirements and potential upgrading of the building foundation. At the time
of building permit application the Applicant shall comply with all standard county
requirements including erosion and sediment control during construction.
The Applicant shall maintain conformance with all requirernents and conditions
with the well pennits for the property.
The Applicant shall obtain an onsite wastewater Treatment system (owrs)
permit through the Garfield County Building Department prior to instailation.
The Applicant shall obtain an access permit for the southernmost access to the
property onto cR 100 from the Garfieid County Road and Bridge Department
prior to issuance of a building permit for the Accessory Dwelling Unit and the
access shall be brought up to current standards. Per Garfield County Road and
Bridge comrnents, the Applicant shall only keep the current southernmost access
point open and the other two access points to CR 100 are to be gated.
should the existing foundation on the property be used for the Accessory
Dweliing Unit, the structural integrity and the ability of that foundation to support
the Dwelling Unit shall be verified at the time of building permit.
The Garfield County Community Wildfire Protection Plan (CWPP) identifies the
property as "very High" wildland fire susceptibility. As a result, the Applicant
shall maintain a defensible area around the Accessory Dwelling Unit. In addition,
the roof of the Accessory Dwelling Unit shall be made of a noncombustible
material as required in the Land Use and Development Code.
2.
3. The
feet-
4.
5.
7.
8.
9.
Page 3 of 4
tlll il,r r.r llh lL'JHr{,lf l, ll fu h i lf l, ll}ilIiltJ lllrtl,}, I ll IReception# t 852?46qAl 192Qt4 lo:33:54 AM Jean nlberico4 of 4 Rec Fee:90.00 Doc Feer0.oO'GFnfteUO coUNTy cO
10. The Applicant w_ill _conduct ongoing weed management on their property in
accordance with Garfield County's Noxious Weed regulations. ffre eppiicant is
encouraged to utilize resources from the Garfreld County Vegetation Managers
Office to mitigate weed impacts.
Conditions Prior to Land Use Change permit
I 1. Prior to issuance of the Land Use Change Permit, the Applicant shall provide anitemized breakdown of how the driveway conformr to-tubl" 7-107, such as
easements, surface width, and ditches. Should a non-conformiry be ideniified, the
documentation shall be referred to the Garfield County Contract Engineei for
additional review. Any non-conforming dimensions *orta need to be rectifiedprior to issuance of the Land Use Change permit.
i2. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a
map and inventory of all state and locally listed noxiour *i.dr on the property. In
addition, the Applicant shall provide a management plan for the iaentifiea
noxious weeds. The_i_nventory, Eop and plan shiil be reiiewed and accepted by
the Garfield County Vegetation Manager.
Page 4 of 4
EXHIBIT
tt
Community Development
I 08 8rh Srreet. Suire 401 . Glenrvori Springs. Cb S t OO t
Otfice: 970-9.15_82 I 2 Fax: 970_38.1-.3470
January 16.201
Notes for James Funsten, 3627 cR 100 carbondale, co g1623 parcel # 23gl3l2o00o4
Site drive by occurred on l/912018. At this time I compared the current condition to the photosthat we have on file and determined that the site is stili being used for the same uses as waspreviously deemed as "legal non-conforming" use that has been ongoing for many years. Noviolations are present.
Wade Patton
Code Enforcement Offrcer
!ar!e!a County Communiry Development
!a-r!e]d County Admini stration Building
108 8th Street, Suite 401
Glenwood Springs, CO. 81601
970-945-1377 x 1530
Garfield County
January 16,2018
David Pesnichak
Senior Planner
Garfietd countv community Devetopment Department
108 8th Street
Gtenwood Springs, CO g1601
RE: Funsten Contractor,s yard
Dear Mr. Pesnichak,
cotorado Parks and witdtife (cPW) staff has reviewed the apptication for the proposedtand use change permit located at3627 county no.Jroo and hau" the fottowingcomments regarding.witdtife. The project occurs in an atreaoy highiy dlsiurneo areawhere impacts to witdtife and witdlife habitats w,itt be minimat.
Based on the proposed action, CPW does not have any recommendations butappreciates the opportunity to comment. lf there a." uny questions don,t hesitate tocontact Land Use speciatist, Taytor Etm, at (970) 947-zgll o, District witdlireManager, Matt yamashita, at (g7O) g4T_2931.
Sincerety,
Matt Yamashita, District Witdtife Manager
Taytor Elm, Land Use Speciatist
Fite
^AffiI
COLORADO
Parks and Witdlife
Department of Natural Resources
Gtenwood Springs Area Office
0088 Witdtife Way
Gtenwood Springs, CO 81601
EXHIBIT
,l 7
Bob D. Bmtrid, Direcor, Cohado futs and WildliE . ph*s and Wildlifu Corrnissior. Robcrr W Bny . Oris Casdlna Onb r Jorrc Hqrr, VicE{hai,Jotu Howsd . Bill Km. Dalc pirt r Jancs pribyt Sc"rcn y.Janrs Vigl o Dean Wmgfcid. fUn U Zrror.rr.n e Abx71W
David Pesnichak
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
David,
Bill Gavette < gavette@carbondalefire.org >
Thursday, January 18, 2O1g g:00 pM
David Pesnichak
Funsten Small Contractors yard GAPA_12_17_g601
FollowUp
Flagged
I have reviewed the application for the Funsten small contractors yard.
Best,
BillGavette
Deputy Chief
Carbondale & Rural Fire protection District
www.ca rbonda lefire.o rg
970-963-2497
I have no issues with the proposal,
EXHIBIT
tI t-,! tJ
Flnt,'EIIIS-rcSCUt
Gaffield Couln
Vegelation Monagement
January 23,2018
David Pesnichak
Garfield County Community Development Department
RE: GAPA - 12-17-8601
Dear Dave,
I have no comments on this one.
Garfield County Vegetation Manager
195 W. l4rh St!€ot, Bldg. D, Sulte 310Rifle, co 81650 phone: 970,945-1372 x +5os'uouite phone: 970-3794456
EXHIBIT
t*.os
MOUNTAIN CROSS
ENGINEERING. INE.
Civil and Environmental Consulting and Design
EXHIBIT
L.xDoc
January 24,2A18
Mr. David Pesnichak
Gart-reld County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Funsten Small Contractors yard: GAPA_I2_17_g601
Dear David:
This-office has performed a review of the documents provided for the Funsten Small Contmctors
I^l*,}::Pmitlal rTas found to be thorough and well organized. The review generated theroilowlng comments:
1' The Applicant should provide morc information on the size of the planned enclosure. If it willbe greater than 10,000 sq. ft. than a drainage pran wourd be necessary.
2. The Applicant should provide a copy of the driveway permit once obtained.
Feel fi'ee to call if you have any questions or comments.
Sincerely,.^
Mountai f Cross Engi ne.r{n8,
( '
'{"'-t'' I-':.".
Chis Hale, PE
Inc.
,'\
l'((
826 1/z Grand Avenue, Glenwood Springs, C0 g1601
P: 9 70.945.55 44 F : 97 0.9 45. 5558 www. mouniai ncross-eng.com
David Pesnichak
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Hello Dave,
Got engineers letter and all
square feet.
Thanks Jim Funsten
iAMES FUNSTEN <fundesign@msn.com>
Thursday, January 25,2otg 6:03 pM
David Pesnichak
Re: Contractors yard - Engineer Comments
FollowUp
Flagged
makes sense on my end. Building is 40 feet by 60 feet which makes 2400
exHtelT
t
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood SPrings, CO 81601
Attn: Dave Pesnichak
January 23,2018
Thank you,)i 1;r'
Morgan Hill
Environmental Health Specialist lll
Garfield CountY Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
2014 Blake Avenue
Glenwood SPrings, CO 81601
(970) 945-6614
Hello Dave,
l've reviewed the application for the Funsten Small Contractor's Yard' and have minimal
comments from Public Health. A few things to note are: . .- proper storm water management piactices should be..implemented during construction
and operation of the warehouse and other site uses' lt seems that the applicant has
adequatelY addressed this issue'
- lf the warehouse ever does become regularly staffed or a restroom is installed in the
warehouse, a;nt<ing water and wastewiter tieatment should meet Garfield County
standards.- Hazardous materials such as paints should be stored properly to prevent contamination
of the soir anO giounOwater. This property is within the Town of Carbondale's Source
Water Protection Area.
l/ i;r t'r
^
Public Health
Garfield county Public Health Department - working to promote health and prevent disease