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Home My WebLink About3.0 Staff Report BOCC 04.16.18Board of County Commissioners - Public Hearing Exhibits Funsten Contractors Yard - Call-Up Hearing Administrative Review - Call-UP Applicant is James Funsten April 16, 2018 4 ,.F, c +a./ (File GAPA-1 2-17-8601) C"'z'{"hto s 4^/ co4 // U,/'\ (s -o) lo, // Exhibit Letter (Numerical) Exhibit Description A Email from Tom Smith, Dated February 14,2018 B Directors Deterrnination for Application GAPA-12-17-8601, Dated February 9,2018 C Staff neport for Application GAPA-12-17-8601, Dated February 9, 2018 D Staff Memo to schedule a Public Hearing to reconsider Directors Decision for Aoplication GAPA-12-17-8601 E Public Hearinq Notice lnformation, Dated March 22,2018 F Public Hearinq Mailinq Receipts G Letter from Tom Smith, Dated April 4, 2018 H Lelkr $,...n zve,l Colut*- =)^*P .l ,4'p,,'I / L r ot0 REQUEST PROPERTY OWNER REPRESENTATIVE CALL-UP REQUEST LOCATION PROPERTY INFORMATION: ACCESS EXISTING ZONING DIRECTOR DECISION Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP STAFF MEMO Public Hearing for reconsideration of a Director Decision for a Contractors Yard, Small James Funsten James Funsten Lions Ridge HOA - Tom Smith, Representative 3627 CR 100, Carbondale 3.99-acres County Road L00 Rural Approva I with Conditions I. BACKGROUND- PROCESS On February 9, 2018, a Director's Decision Letter was issued by the Director of the Community Development Department for approval with conditions for a General Administrative Land Use Change Permit for the Funsten Contractors Yard, Small application (Exhibit B). On February 14,2018,the Community Development Department received a requestfrom Tom Smith, the attorney representative for Lions Ridge Subdivision Homeowners Association, to Call-Up the decision for review by the Board of County Commissioners (Exhibit A). The Board of County Commissioner's considered the question of whether to call up the request at the March 12, 2018 meeting. ln accordance with Section 4-112 of the Land Use and Development Code, the Board exercised its option to call up the request for review as the Board of County Commissioners. The Board set the date for the public hearing in April 2018 following a site visit by the Board to the property. The Board conducted a site visit to the property on April 5,2018. As a result, the public hearing was scheduled for April 16,2018. Public notice for the hearing is required consistent with the original notice outlined by the Code forthe Director's Decision. ln this case the notice required is a mailing notice 15 days prior to the hearing. Public notice pursuant to the Code has been completed by the Community Development Department (Exhibit E) and has been reviewed by the County Attorney's Office. Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP II. DIRECTOR'S DECISION _ STAFF REPORT Copies of the Director's Decision letter and Staff Report are attached and included as exhibits for the public hearing (Exhibits B and C respectively). The Staff Report includes referral comments from a number of review agencies, comprehensive plan topics, impact issues and studies, access issues, vegetation management and information on site characteristics. The Director's Decision letter was for approval with conditions. Staff concluded that, with acceptance of the requested Waivers, the proposed ADU is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. The Contractors Yard is currently existing as a Legal Non-Conforming Use that has been in place prior to Garfield County instituting zoning in 1972. The purpose for this request is to permit the use in order to allow the property owner to utilize a garage for the indoor storage of some equipment associated with the contractors yard use. 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 (See Exhibit C). According to Section 10-103(A), "Nonconforming Land Use" of the Land Use and Development Code (LUDC), "The right to continue a nonconforming land use terminates immediately when: (2) An addition of a new structure is built that either contains, or is accessory to, the nonconforming land use". Forthis reason, since none of the storage has historically been allowed under cover orwithin a building, should the property owner utilize a garage to store any of the equipment, then the use would be in breach of the LUDC and the legal nonconforming status would terminate. Should this request for a Land Use Change Permit be denied, then the legal non- conforming use will be allowed to continue as is. ln effect, the use would be allowed to continue with the setbacks limited only to the locations of the historic use, which is significantly less than the 50' contemplated within the Directors Decision. And no storage would be allowed to occur under cover or within a building. I!I. PUBLIC COMMENTS As documented in the call up request, Tom Smith stated that "By this email, I am notifying you pursuant to Section 4-112 of the Garfield County Land Use Code that Lion's Ridge HOA is hereby making a call-up request to the BOCC in connection with this determination. The reason for the request is that we do not believe that the application meets the requirements of the Code. lt is my understanding that it is not necessary for me to explain our reasons in more detail at this time." (Exhibit A) On April 4,2018, Tom Smith submitted an additional letter outlining several issues that the Lions Ridge HOA has with the proposed use and the issued Directors Determination (See Exhibit G). Below is an outline of the issues raised in this letter and Staff's response to those issues. Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP Discontinuation of the Legal Non-Conforming Uses. The letter indicates that the Directors Determination should make clear that the termination of the current legal non-conforming uses should be explicitly stated in the Conditions of Approval. As is noted in the Staff Report, by storing equipment indoors the legal non-conforming use is by definition expanded and as a result the legal non-conforming status of those uses does terminate. As a result, Staff foiesees no issues duplicating this Code provision as a specific Conditions of Approval. Traffic Study and Limitation on Truck Traffic. As the letter states, the Applicant has represented that total traffic volume will be up to 16 trips per day. As is standard practice, the requirement that the facility remain within those limitations is captured in Condition #2 of the Directors Determination, indicating that all representations made within the application are conditions of approval. As a result, Staff foresees no issues with a specific condition of approval that the trip generation from the Contractors Yard remain as represented in the application at 16 vehicle trips per day. This traffic demand was included in the application and reviewed by Garfield County Road and Bridge Department. As access is to County Road 100, Planning Staff relies heavily on the recommendations of Road and Bridge in terms of whether the access to the County road system is safe and adequate. ln this case, Garfield County Road and Bridge indicated that an access permit would be required. Staff then added Condition #1 to the Directors Determination requiring that an access permit be obtained and any improvements required by Road and Bridge be completed prior to issuance of the Land Use Change Permit' Limit Size of Building to24OO Sq. Ft. As a part of the Technical Completeness review, Staff requested information regarding the size of the building to be used for indoor storage of certain equipment associated with the contractor's yard. The Applicant then represented that the building is 2400 square feet. The requirement that the building remain at 24OO square feet is captured by Condition #2 of the Directors Determination that "All representations of the Applicant contained in the application including the site plan and overall dimensions of the contractor's yard shall be considered conditions of approval". As a result, Staff foresees no issues duplicating this representation as a specific Conditions of Approval. 1 O0-Foot Setback. The current uses on the property are considered legal non-conforming and are physically constrained by historic precedence. ln other words, the storage uses may continue to use the same footprint and area as they have historically. As a result of approval for a contractor's yard on this property and termination of the legal non-conforming uses, the facility is required to comply with a 100 foot setback J Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP from all property lines unless a Waiver of this Standard is granted. ln this case, Staff understands from the applicant that compliance with the 100 foot setback would make the size of the contractor's yard too small to be functional. As a result, the applicant applied for a Waiver from this Standard to reduce the size of the setback to 50 feet. A 50 foot setback reflects a larger setback than currently exists (-25 feet), a reduction in the size of the current storage area, a reduced impact on adjacent property owners, and allows the County stronger enforcement ability over the contractors yard use. Should the Board determine that the Waiver from this setback is not appropriate or should otherwise be amended, then Staff suggests this amendment be memorialized within the Resolution of Approval. IV. BOARD OF COUNTY COMMISSION ACTION Option A: Overturn the Director's Decision Should the Board wish to overturn the Director's Decision the Board may formalize a motion for denial of the Land Use Change Permit. Should the Board wish to overturn the Director's Decision, Staff recommends the following findings and conditions of approval. Suggested Findings 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at a the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Funsten Contractors Yard, Small is NOT in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the proposed Contractors Yard, Small is NOT in conformance with the Comprehensive Plan of 2030, as amended. 5. That the application does not and cannot reasonably meet the standards as outlined in the Land Use and Development Code, as amended' Option B: Uphold the Director Decision for Approval with Conditions The Board can direct staff to prepare a resolution upholding the Director's Decision for approvalwith conditions, including the findings outlined below. Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP Suggested Findings 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2, The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at a the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Funsten Contractors Yard, Small is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and waiver of Standards for Contractors Yard, Small, Section 7-1001(B) - Setbacks, Section 7-1001(C) - Concealing and Screening, and Section 7-1001(DX3) - Storing Setbacks, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Suggested Conditions of Approval Conditions Prior to lssuance of the Land Use Chanqe Permit 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 driveway permit was issued and all required improvements have been completed shall be submitted to the Community Development Department prior to issuance of the Land Use Change Permit. General Conditions 2. All representations of the Applicant contained in the application including the site plan and overall dimensions of the contractor's yard shall be considered conditions of approval unless specifically modified by the Director Decision. 3. That the operation of the contractor's yard shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility including, but not limited to, fuel and hazardous materials storage. 5 4. Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP All activity and structures associate with the Contractors Yard, with exception to the access road, shall be contained within the area identified on the Site Plan and be at least 50 feet back from all property lines. The required 50' setback shall only apply to the area identified in the site plan to be used as the Contractor's Yard. Standard County setbacks for the underlying zone district shall apply to all other uses outside the Contractors Yard area and not associated with the Contractors Yard use. All indoor storage areas, covered parking, and garages associated with the Contractors Yard use must comply with all applicable building code requirements and be located within the area identified on the Site Plan for the Contractors Yard and be at least 50 feet back from all property lines. The access roads from CR 100 shall be maintained to the standards outlined in Section 7-107. No employees or other personnel shall be stationed onsite. All lighting shall be the minimum necessary and shall comply with Section 7-304 of the Land Use and Development Code including and shall down casted, shielded, and directed inward toward the interior of the site. 9. The operator acknowledges that Garfield County has the following standards for lndustrial Uses as described in Section 7-1001 and as outlined or othenuise modified below: 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. All products shall be stored in compliance with all national, State, and local codes. Petroleum and hazardous products shall be stored in an impervious spill containment area(s). All industrialwastes 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, and local fire codes and written recommendations from the appropriate local fire protection district. 5. 6. 7. 8. a. b. d. Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP Noise shall not exceed State noise standards pursuant to C.R.S., Article 12,Tille25. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. Any activity that will generate noise, odors, or glare beyond the property boundaries shall be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. 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. Option G: Modify the Director Decision for Approvalwith Conditions The Board can direct staff to prepare a resolution modifying the Director's Determination for approval with conditions, including the findings outlined below. Should the Board wish to modify the Directors Determination, then Staff recommends the below amendments in red as discussed by Tom Smith in Exhibit G. Suggested Findings 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at a the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Funsten Contractors Yard, Small is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and waiver of Standards for Contractors Yard, Small, Section 7-1001(B) - Setbacks, Section 7-1001(C) - Concealing and Screening, and Section 7-1001(DX3) - Storing Setbacks, the application has 6 f. g. h. Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Suggested Gonditions of Approva! Conditions Prior to lssuance of the Land Use Chanoe Permit 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 driveway permit was issued and all required improvements have been completed shall be submitted to the Community Development Department priorio issuance of the Land Use Change Permit. ^TQ c.p;>t,rn-/ sl, (/ (?(,,r€ c1 J+oP ,in c. I 'r-Lr ,,' , .ut, -C c-t(,/ C n loo General Conditions 2. All representations of the Applicant contained in the application including the site plan and overalldimensions of the contractor's yard shall be considered conditions of approval unless specifically modified by the Director Decision. 3. That the operation of the contractor's yard shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility including, but not limited to, fuel and hazardous materials storage. 4. All activity and structures associate with the Contractors Yard, with exception to the access road, shall be contained within the area identified on the Site Plan and be at least 50 feet back from all property lines. The required 50' setback shall only apply to the area identified in the site plan to be used as the Contractor's Yard. Standard County setbacks for the underlying zone district shall apply to all other uses outside the Contractors Yard area and not associated with the Contractors Yard use. 5. All indoor storage areas, covered parking, and garages associated with the Contractors Yard use must comply with all applicable building code requirements and be located within the area identified on the Site Plan for the Contractors Yard and be at least 50 feet back from all property lines. 6. The access roads from CR 100 shall be maintained to the standards outlined in Section 7-107. 7. No employees or other personnel shall be stationed onsite. 8. All lighting shall be the minimum necessary and shall comply with Section 7-304 of the Land Use and Development Code including and shalldown casted, shielded, and directed inward toward the interior of the site. 9. The operator acknowledges that Garfield County has the following standards for lndustrial Uses as described in Section 7-1001 and as outlined or otherwise modified below: Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP 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, and local fire codes and written recommendations from the appropriate localfire 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 recurrently 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 beyond the property boundaries shall 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 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. 10. All uses associated with the Contractor's Yard, Small are dictated by this approval and the Garfield County Land Use and Development Code of 2013, as amended. Upon issuance of the Land Use Change Permit for a Contractor's Yard, Small, the prior recognized legal non-conforming status of the uses on the property as identified within the letter from Mark Bean, Director of Garfield County Building, Sanitation and Planning Department and dated November 25, 1987, are hereby terminated. These uses include: construction company; Colorado retail and wholesale dealership; trucking company; mechanical repair shop; welding, fabricating and machine shop; storage yard (both inside and outside); impound lot; blasting contractor; equipment sales, rental and repair; snow removal company; and towing and wrecking service. i ,r'utd I 'i pJ 11. Total Average Daily frips (ADT) for the Contractor's Yard, Small shall be limited to 76. ,* ro 9 Q,eyc"t Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP 12.The indoor storage area associated with the Contractor's Yard, Small shall be limited to 2400 square feet. 10 Call-up - Funsten Contractors Yard, Small BOCC 4-16-18 DP t.tl il L '1.,1 l' ,,1 :i tIt t.b' lr t, ,i. 't t t I rl : r' U .,,'. ll''r( ': r 1l, - .\ h-I l. al-it ,t \ I t-l I' n, "l Site Plan EXHIBITt,1David Pesnichak From: Sent: To: Subject: Here you go. Sheryl Bower Wednesday, February 74,20L8 2:00 PM David Pesnichak FW: Funsten Administrative Review .shergl t-. Bower, A/C? Garfteld County Commu nity DeveloPment Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 l97O)94s-L377 From: Tom Smith [mailto:tom@tfsmithlaw.com] Sent: Wednesday, February L4,2OL81:59 PM To: She ryl Bower <sbower@ga rfie ld-cou nty.com> Cc: Kelly Cave <kcave@garfi eld-county'com> Subject: Funsten Administrative Review Ms. Bower; I represent the Lion,s Ridge Homeowners" Association and its members, whose properties are adjacent to the Funsten property located a:3627 County Road 100. you recently approved an application for a small contractor's yard on the property. By this email, I am notifying you pursuant to Section 4-112 of the Garfield County Land Use Code that Lion's Ridge HoA is hereby making a call-up request to the BoCC in connection with this determination. The reason for the request is that we do not believe that the application meets the requirements of the Code. lt is my understanding that it is not necessary for me to explain our reasons in more detail at this time. please notify me of the date of the BoCC's consideration of this request so that we may attend the meeting. Thank you' Tom TF Smith PO Box 3380 229 Midland Ave. Basalt, CO 81621 Phone#: 970-7L8-2O44 Cell#: 97O-379-7TOL tom@tfsmithlaw.com EXHIBITle February 9,2018 James Funsten 3627 County Road 100 Carbondale, CO 81623 DIRECTOR DETERMINATION - Administrative Review Land Use Change Permit - Funston - Contractor's Yard, Small - Garfield County File Number GAPA - 12-17- 8601 Dear Mr. Funsten; This letter is being provided to you in regard to a General Administrative Review Application for a Contractors Yard, Small on your property. The ploposed use is locateO in Section: 31 Township: 7 Range: 87 TR lN LOT 3 & LOT 4 on a part of the property known by Assessor's Parcel No. 239131200004 and located at3627 County'noiO 100, approximately 3.75 miles east of the Town of Carbondale. The Director's Determination on the Application is based on the following findings and subject to the Applicant's representations and conditions of approval. 1. That proper public notice was provided as required for the Director's Decision 2. That the Application does adequately meet the requirements of the Land Use and Development 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. 3. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. Gaffield County A Director's Decision is hereby issued approving the Application as shown on Exhibit A and with the following conditions. 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 driveway permit was. issued and all requirLd improvements have been completed shall be submitted to the Community Development Department prior to issuance of the Land Use Change Permit. General Conditions All representations of the Applicant contained in the application including the site plan and overall dimensions of the contractor's yard shall be considered conditions of approval unless specifically modified by the Director Decision. That the operation of the contractor's yard shall be done in accordance with all applica'bl" F"d"ral, state, and local regulations governing the operation of tnis type of facility including, but not limited to, fuel and hazardous materials storage. All activity and structures associate with the Contractors Yard, with exception to the access road, shall be contained within the area identified on the Site Plan and be at least 50 feet back from all property lines' The required 50' setback shall only apply to the area identified in the site plan to be used as the contractor's Yard. standard county setbacks for the underlying zone district shall apply to all other uses outside the Contractors yard arei and not associated with the Contractors Yard use. All indoor storage areas, covered parking, and garages associated with the Contractors yird use must comply with all applicable building code requirements and be located within the area identified on the Site Plan for the Contractors Yard and be at least 50 feet back from all property lines. The access roads from CR 100 shall be maintained to the standards outlined in Section 7-107. No employees or other personnel shall be stationed onsite. All lighting shall be the minimum necessary and shall comply with Section 7-gO4 of ifre Land Use and Development Code including and shall down casted, shielded, and directed inward toward the interior of the site' The operator acknowledges that Garfield County has the following 2 2. 3. 4. 5. 6. 7. 8. 9. standards for Industrial Uses as described 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 nationll, State, and local fire codes and written ,""orr"ndations from the appropriate local fire protection district. e. Noise shall not exceed State noise standards pursuant to C'R'S'' Article 1?,fitle25' Every use shall be operated so that the ground vibration inherently and iecurrently generated is not perceptible without instruments at any point of any boundary line of the property' Any activity that will generate noise, odors, or glare beyond the pioperty boundaries sfiall be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday' Every use shall be so operated that it does not emit heat, glare, radiaiion, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard' Flaring 6f'ga.er,- aircraft warning signal, and reflective painting. of storagl taiks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. 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 lpptication 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 Own9r..' Should this time period pass *it[ no request for review or public hearing, the decision shall be final. f. g. h. Please contact this department if you have any questions. Sincerely, ;il1ffdt dorrrnlty Development Department I ICC: fpard of CountY Commissioners file 4 Exhibit A EXHIBITxng L-- Directors 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 Public Notice lnformation Form 2 Return Receipts from Mailing Notice 3 ffi and Development cPdg'gg3mglggg 4 Garfield County Comprehensive Plalp[?!!9 5 Apolication 6 Staff Report 7 Referral Comments from Garfield County Road and Bridge Deoartment (dated January 10, 2018) I e Colorado Department of Transportation (dated January 5,2018) 9 Legal Non-Conforming status of the use (dated November 25, 1987) 10 r an Accessory Dwelling Unit (Reception Number 852740) 11 arfield County Code Enforcement Officer (dated January 16, 2018) 12 ffiom Colorado Parks and Wildlife (dated January 16. 2018) 13 bondale Fire Protection District (dated Januarv 18. 2018) 14 rfield County Vegetation Manager (dated January 23,2018) 15 ffi the Garfield County designated engineer (dated January 24,2018\ 16 ernai t trom J im F u nsten (dated Jan ualry?!,?9] t) 17 ffi Garfield County Public Health (dated January 23,2018) 18 19 20 21 TYPE OF REVIEW APPLTCANT (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 at 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 *"si"rn portion of a 3.99 acres property. The Contractors Yard is proposed to be Ln-ltafeo. 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 t-ne 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 insiituted zoning in 1972 (See Exhibit 9, Letter from Mark Bean dated November 25, 1987). The purpose for this request is to legitimize the existing Contractors yard use by obtaining a Land Use Change Permit for a Contractor's yard, lmall. Garfield County iode 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 Dwelling Unit on the property. Legal and adequate access, water and wastewater for the primary and Accessory dwelling 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 County. This property has a legal nonconforming use that dates back to the early 1970s. I have an ongoing project, permit #BLRE-O4-17-4662, for a residential garage/shop. I hope to enclose the most persistent legal nonconforming use comprising of parking and maintenance of my own vehicles and equipment in this building. This alone would be a shift toward preferred conformity. I have requested waivers on 7-1001 8., "Setbacks," 7-1001c., "Concealing and Screening," and 7-1001 D.3, "Storing,". I hope to find a middle ground that is agreeable to both parties. I propose a 50 foot setback on setback and storing instead of 100 feet; see setback map. The request on concealing and screening is in the interest of maintaining the character of the area as 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 like a pasture instead of a screened contractors'yard; see photos. With these suggested waivers of standards, I will continue to have a functional contractors'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 frustrating outcome for me. I believe we have an opportunity to make this property better for Garfield County, neighbors, general public and owner while putting 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 valley in good geographic function and traffic safety. The uses tor 3627 CR 100 Small Contractors' Yard and Building will be the following: general contracting, trucking/logistics, indoor/outdoor storage of equipment and 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 southwest and is a mix of graded areas, native vegetation and grasses. The Applicant has represented that the property is periodically used for storage of equipment which is considered legal non-conforming. Discussions with the Garfield County Code Enforcement Officer indicated that this matter has been looked into in the past and there are no current or past enforcement actions on the property that stemmed from the investigation. 1,,'\\ S # -'rt Aerial View of Subtect Farcel Site Plan Site Plan \) H\ LL s( l-- -.-_-.: oot o,.ott tr,nor |!''tH' i'il Ii;--ii. ' -11 [ili iru_/ , n\ +liii I;i ',' L*l; ' ,' ; ' ]r1l ,i iir I ii n :',' A ii.ri I t r ) "Ul r:iiiiiiir& Iii , I i A Ei,,:;;i,i :s- | tivr --.,,ffi |'Y'.,,, ..o' I ., ) |,/"-&l 'r,{n. ,,Al ]....HH1fl5lulii, 11 *1* 1;,l'l e' ,' ,, t,l:, t-( aql f, Ii'i,ls,E l, i,i, ffilt' t, -< >y j,l, ffi| A t't.., t, i : H AJ u' .,rt, li.. 'L' " F/i\ L{I f, ,, ,,,,1', F {i I'r oo t 0t'otl. lJNnoJ hk -r ir l.ii-+"1.;ii I f :Ft.'.r 8 i r:iii ',i, ,. .;li. i"i ';:i i':i" . ': :rti.,i t.il,, ,t.. ;;: .,t1, tl* :.1 l.:;, "Xr*6i: rii;f#)i E . :!t l_:.: b l;::: .:. r i:l -W.I,;1!:1,; $ III. APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designate a Small Contractor's Yard within the Rural Zone District as requiring Administrative Review. Article 15, Definitions sets forth the method for measuring ihe size of a Small Contractor's Yard Area (5 acres or less), measuring around the perimLter of the 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. 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 Contractors Yard is subject to Section 7-1001, lndustrial Use standards. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. !V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been compleied. No written public comments were received. Referral comments received on the Application are attached as Exhibits and summarized below: 1. Garfield County Consulting Engineer, Mountain Cross Engineering (Exhibit 15): o Requested information regarding the size of the planned enclosure. Should the enclose be 1O,OOO square feet or more, then a drainage plan is required.. Requested a copy of the driveway permit, once obtained. 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): . No comments on this application. States that it is unlikely it will increase traffic by 20o/o at Highway 82 ICR 100 intersection. 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. 5. Carbondale Fire Protection District (Exhibit 13): o lndicated that the District has no issues with the proposal. 6. Garfield County Vegetation Management (Exhibit 14): o lndicated that the Department has no comments on the proposal. 7. 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. 8. Other agencies that did not submit comments include: Colorado Division of Water Resources. V. STAFF ANALYSIS Article 7, Division 1: General Standards Section 7-101: Compliance with Zone District Use Requlations 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 Future Land Use Map are provided below. tet{o UgE DBEI flon Dgcnptox Gaarnut Zorqo R€sidential tiredium (RM) Small tam, Gtates and clusleBd r6idential subdivision: d€nsily detemined by degre oi clustering and land pr*ered io open sndition 0% opm lsnd - '1 du per <10 ases 50% open land - 1 du ps I acres 70% open liand - 'l du pa 6 ues Rural (R) Plured Unit De€loprHl (PUO) of resbslial us 1 du per 6 to < '10 acres Future Land Use M Relevant goals and policies from the County Comprehensive Plan are outlined as follows: Chapter 3 - Section 4: Economics, Employment and Tourism Poticy #3: Garfield County will encourage the development of a diversified industial base recognizing physical location-to-market capabilities of the community, and the social and environmental impacts of industial uses. Policy #4: Ensure that transportation modes and nodes are directly linked with existing economic centers through development review process and inspection. Poticy#5: The county witl direct industriat developments to the airport center and other appropriately designated areas. Sfra tegies/Actions #4: Ensure that commercial/industrial developments are compatibte with adjacent tand uses and preserue the visual quality of the county. It is Staffs 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: ComPatibilitv 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 facility, landscaping/forestry contractor's yards, kingdom hall (J .W') and Hughes junk yard. There 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 commercialdevelopment on the parcels to the 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 with 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 crrr"itly considered Legal Non-Conforming as it has been demonstrated to have been in use since before the County 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 P 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 of 25' rear, 10' side and 25' front. While the Applicant is requesting a Waiver from the 1Otl' 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 contractor's 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. ln addition, the increased setback of 50' from the north, south and west property lines will help increase the compatibility of the 11 use with the surrounding uses. Section 7-104 states the following: All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. The Applicant has indicated that the Contractors Yard will be un-staffed. As an un-staffed facility, it is understood that the Contractors Yard use will not require a water source. lt is wortl-r noting that an ADU was permitted on the property in 2014. At that time legal and sufficient water was analyzed and approved for both 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 is also not required. lt is worth noting that an ADU was permitted on the prope rty in 2014. At that time legal and sufficient wastewater facilities was analyzed and approved for both the primary and accessory dwelling units. Section 7-106: Adequate Public Utilities The Applicant has represented that all necessary utilities are currently in place. Section 7-107: Access and Roadwavs a. A referral letter from the County Road and Bridge Department (Exhibit 7) provided the following comments. The proposed Funsten Contractors Yard at 3627 County Road 100, File #GAPA-12-17-8601, will be using the existing driveway. lf approved a Driveway Permit will be required from Garfield County Road & Bridge. Garfield County Road & Bridge have no other concerns with this applications. As a result of these comments, Staff recommends that as a condition of approval that the Applicant obtain a driveway permit from Road and Bridge and construct any necessary improvements prior to issuance of the Land Use Change Permit' b. The Traffic Study provided by the Applicant indicates that the Contractors Yard will have 16 average daily vehicle trips. The Application includes the following description of the traffic impacts: t2 The existing land uses on parcel are single family dwelling, agricultural and legal nonconforming uses that mimic the uses intended on this LUCP. All driveways and easements have been existence lor 44 years... Current trip generation is 16 trips at access point to County Road 100. There is no driveway permit due to age of parcel but applicant intends to get one as a condition of permit if needed. The current trip generation number includes construction phase with 3 light vehicle trips, 9 medium duty trips and 4 heavy truck trips. Trip generation should decease slightly after completion of construction and decrease a bit more with LUCP in place. No new access points are intended. The proposed use of a small contractor's yard will slightly reduce trip generation from historical levels. 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 outlined in Section 7-107. Staff recommends a Condition of Approval that the roads be maintained to the standards outlined in SectionT-107. Section 7-108: Natural Hazards The Applicant has represented that there are no known natural hazards on the property. A review of Garfield County GIS data has not shown any known hazards, either. Article 7, Division 2: Genera! Resource Protection Standards Section 7-201 Aqricultural Lands The property is not currently in agricultural production. lmpacts to adjacent agricultural uses are expected be minimal to none. As a Legal 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 Colorado Parks and Wildlife (CPW), who noted that since the area is already highly disturbed the application has generated no comments (See Exhibit 12). Areview 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 (Overall Range)- Mountain Lion (Overall Range)- Mule Deer (Severe Winter Range) 13 It is likely that while certain species may utilize the property, as the use has been existing on the property since the early 1970's, no additional impacts 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 wetlands or waterbodies is not expected as a result of this proposal. Section 7-204 Drainaqe and Erosion 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 a gentle slope and drainage to the southwest with ditch lines surrounding the whole area. lt has well developed grasses throughout that respond well to the intermitted activity/pressures that mimic livestock hove activity, helping the grass to reseed itself. The sight will remain as it has for some time with no new grading or drainage structures. The mature natural vegetation helps this site performs well in erosion control, drainage and porousness of soil. We also mow and manually pull noxious weeds to improve native habitat. The addition of indoor storage will enhance the overall habitat health and drainage of land. The application included the topography of the property which was reviewed by the County designated engineer who did not identify any issues. The County designated engineer did request representation regarding the size of the planned enclosure for use with the Contractors Yard (See Exhibit 15). By Code, if the size of the impervious area created by the structure is 10,000 square feet or more, than a drainage plan is required. According to the applicant, the size of the planned enclosure is 2400 square feet (See Exhibit 16), significantly less than the 10,000 square foot threshold for the drainage plan requirement. Drainage around the structure will be reviewed as a part of the building permit as well for the structure as well. Sections 7-205 Environmental Qualitv lmpacts to air and water quality is expected to be limited to typical impacts from motor vehicles. Referral comments from Garfield County Public Health (See Exhibit 17) indicate the need to store hazardous materials and paints properly in order to prevent contamination of the soils and groundwater, particularly since the property is located within the Carbondale Source Water Protection Area. t4 Section 7-206 Wildfire Hazards The subject property is identified as Very High and Not Rated according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). ln addition, no slopes 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 indicated 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 composed of a noncombustible material. As proposed, this standard is met since it has been represented that the shop and garage currently has a metal roof. 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 indicated that the application generated no comments (See Exhibit 14). As the use is currently existing and no new impacts are proposed, reclamation is not anticipated to be needed as a result of this approval. The application includes the following representation. Property is remaining as it has for many decades and the minor amount of grading will be maintained as the rest of the parcel is currently. Article 7, Division 3, Site Planning and Development Standards 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 that it can be generally 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 facility is intended to be an approximately 1 acre Contractors Yard with some indoor storage areas on the north side. The 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. 15 The intended use and structures are compatible with neighbors and area- Sife has excellent buffeing visually from trees and natural vegetation. We follow strict noise and activity timits that have functioned well histoically. Staff agrees that the use is well screened from adjoining uses and from the public vantage points by well-established trees. lt is also understood that the only noise generators at inis taciiity will be motor vehicles and will not exceed existing levels generated by the Legal Non-Conforming use on the property. Staff recommends a Condition of Approval tnat the ongoing use of the property comply with local and State noise standards. Section 7-302 Off-Street Parkino and Loadino Standards Adequate parking and circulation has been demonstrated. Sections 7-303 Landscapinq Standards lndustrial uses are not subject to specific landscaping requirements of the Code. However, the Applicant has demonstrated that existing landscaping on the property provides sufficient screening of the use from the public vantage points. Section 7-304 Liqhtinq The Applicant has represented the following regarding lighting. All exterior lighting will be downcast and shielded. All lighting in general is and will be LED high efficiency lighting. Section 7-304 requires that all exterior lighting meet the following standards. A. Downcast Lighting. Exteior lighting shatl be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exteior lighting shatl be futty 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 tights shatt 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 tight intensity, bighfness, or color, shall be prohibited in all zone disfricfs. 16 E. Height Limitations. Lightsources which exceed 40 feet in height shall not be permitted except foi temporary hotiday displays or as required by local, Sfafe or Federal regulations. Staff recommends that the 7-304 Standards be conditions of approval' Section 7-305 Snow Storaoe Standards Adequate areas for snow storage is available for the proposed facility' Section 7-306 Trail and Walkwav Standards These standards are not applicable based on the proposed use' Article 7, Division 3, Section 7-1001: lndustrial 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 As is noted previously, the Applicant is requesting a Waiver from the 100' setback requirements for induitriat tacitiiies. The justification for this Waiver is that the use is cuirenly considered Legal Non-Conforming and is subject to standard building setbacks within the Rural zone d-istrict, not the 100'setback. Applying the 100'setback to this property would effectively make the Legal Non-Conforming Use unworkable as the area io ue too small. The 50; setback requested is considered a middle ground where the County can obtain some larger setbacks from those currently required and the property o*n"i""n maintain a workJble yard area. lt is Staff's opinion that, since the yard may continue to operate as a Legal Non-Conforming use, permitting the use with the reduced setbacks is working toward compliance and greater compatibility with adjacent uses. C. Concealinq and Screeninq The proposed Contractors Yard is to be located primarily outdoors with some storage occurring inside a proposed garage. The property has significant screening from many public vintage points as a res-ult oi tne mature trees along CR 100 an{lhe location of the iacility beniid ihe primary dwetting unit. Please see Section 7-301.The Applicant has represented the following regarding screening. t7 The [Waiver] request on concealing and screening is in the interest of mainiaining the character of the area as it has stood for many years with natural vegLtation acting as the screening. lt has worked well and when the yard is in a time of lower use, 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 excellent natural screening from vegetation and trees. Yelrs of use has shown the current condition to work well to conceal and screen in a naturalway without the use of less attractive plastic screens. Based on the representations by the Applicant and site visits by the property, it is Staffs opinion that a Waiver from fencing or other full perimeter screening is appropriate and meets the requirements in Section 4-118. D. Storinq The storage use will be a minimum of 50 feet from the property line should a Waiver from the 100 foot setback be approved. 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 50 feet from an adjacent property line and remain within the identified Contractors Yard area. - Any Petroleum and hazardous products should be stored in an impervious spill containment area(s). E. lndustrialWastes No industrial wastes are proposed to be stored at this facility. !t is recommended that a condition of approval be added requiring adherence to this Code standard. 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 siated that the use will conform to State noise standards. lt is understood that the only noise generation will be through motor vehicles. 18 G. Ground Vibration No ground vibration is expected outside that created by motor vehicles. lt is recoirmended 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 lhq properg boundaries will be conducted between the hours of 7.00 AM and 7.00 PM Monaay through Saturday, or as approved by the decision-making authority." The applicaht has froposed more restrictive hours of 7.00 AM to 7.00 PM Monday through Friday. Staff suggests this be a condition of approval. l. 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. 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 Development 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. vil. 1. 2. 3. 19 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 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approvalwith conditions for the Funsten Contractors Yard, Small application. Suggested Conditions of APProval 1. The Applicant shall obtain a driveway permit from Road and Bridge and construcl any required improvements prior to issuance of the Land Use Change Permit. Demonstration that the driveway permit was issued and all required improvements have been completed shall be submitted to the Community Development Department prior to issuance of the Land Use change Permit. General Conditions Z. All representations of the Applicant contained in the application including the site plan and overall dimensionsof the contractor's yard shall be considered conditions of approval unless specifically modified by the Director Decision' 3. That the operation of the contractor's yard shall be done in accordance with all applicable 'Federal, State, and local regulations governing the operation of this type oi iacility including, but not limited to, fuel and hazardous materials storage. 4. All activity and structures associate with the Contractors Yard, with exception to the access road, shall be contained within the area identified on the Site Plan and be at least 50 feet back from all property lines. The required 50' setback shall only apply to the area identified in the site plan to be used as the Contractor's Yard. Standard County setbacks for the underlying zone district shall apply to all other uses outside the Contractors Yard area and not associated with the Contractors Yard use. 5. All indoor storage areas, covered parking, and garages associated with the Contractors yarJ use must comply with all applicable building code requirements and be located within the area identified on the Site Plan for the Contractors Yard and be at least 50 feet back from all property lines' 6. The access roads from CR 100 shall be maintained to the standards outlined in Section 7-107. 7. No employees or other personnel shall be stationed onsite. 8. 9. All lighting shall be the minimum necessary and shall comply with Section 7'304 of the Land Use and Development Code including 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 described 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). 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 accoiding to the manufacturer's standards and shall comply with the national, State,ind local fire codes and written recommendations from the appropriate localfire protection district. Noise shall not exceed state noise standards pursuant to c.R.s., Article 12, Title 25. Every use shall be operated so that the ground vibration inherently and recuirently generated is not perceptible without instruments at any point of any boundary line of the ProPertY' Any activity that will generate noise, odors, or glare beyond the property boundaries shall be conducted between the hours of 7:00 a'm. to 7:00 p'm' Monday through FridaY. 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 requirementJ for safety or air pollution control measures, shall be exempted from this Provision. d. e. f. g. h. 2t Coun$Garfield d PUBLIC HEARING NOTICE INFORMATION please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln addition, please initial on the blan k line next to the statements if they accurately ref lect the described action. My application required written/mailed notice to adiacent propertY owners and mineral owners. ['*rr,,ed notice was completed on the 6*;'r " {lf v nfcV ''i X' 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 notice. V All owners of mineral interest in the subiect property were identified through. records in the Cterk and Recorder oJ Assessor, or through other means 1ti4 hXPft(A L 5'aLEnt4 - {AsEY L.^vr ' Please attach proof of certified, return receipt requested mailed notice' tr My application required Published notice' Notice was Published on the daY of . i,il*" attach proof of publication in the Rifle citizen Telegram. My application required Posting of Notice' Notice was Posted on the daY of 20 tr 2A 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: :fA Signature: Date: / Ft/ sfrN P rjl EIr! {I3 -E -ull U,l J ==f J :lf U { = fl fYr,",ai rAuA;."a ffi*: g,i EtE3' ru n-riEr! ru -lIa -.0 JI -.Eruul E EItrlE EIE J ru rrr{ trtr! fl 1la -o ll "^Erurtt Etrl EI trI EIt3 J ru r! 11o rL nn3II .E .EUJI 3 =tr trl EI J ru r- EIrr $rl .49 'ff.s+ tq..< i'r ., I r 1::'L !.i,-1.\, ?.€6. Postmark Htre '*1i ud,i ?ut I l\-. ,' <')'- : $fi,ilfi Pi5F!ryk, Hsre t.\ ut/86/?f-rt3 fl FtBtum Foc.,Pr (tu!ds?Y) S --+Eifrtt- []Retmnm€ipttdechonid :-tffi-f$- flcdtifod MaX Relticled o"'t'"+' S - i:i-t]::f]Aduiteig€&rcRoqd'€d I 5 Adun $anatue 8eq:5g$L9:;:._-: [,r s ---........ "-.---. ,d_ !oD_ -.E€[f JI JI JI rUul Etrl tr, EI EEJ ru n- EIr! r =-E -II -EUn :f, ==J :1 =? ]-t {:f Postmatk , 'Horo ',)t t:r1i Lr6/3trl S fi A Seruic E-FCs?;'i..r ca aae A g-gffiel DBetlrnftocdpt$ts.lcopy) I - flBohJnR.ceDt(!:ccttonic) S-Jg!g: I Gartifid Msil Re!.rkled o"to.v S --. ]f-floffil LlAdultsigmtu.Rcquilod $ +fi..fl&=- EXHIBIT f From: Sent: To: Cc: Subiect: Michael Prehm Wednesday, January 10, 20L8 8:45 AM David Pesnicltak Dale Stephens; Dan Goin; Rayjean Roman Funsten Contractors Yard (Referral Request) David, The proposed Funsten contractors yard at 3627 county Road 100, File #GAPA-L2-L7-B6ol, will be using the existing driveway. If approved a Driveway permit *itt ou required from Garfield county Road & Bridge. Garfield county Road & Bridge have no other concerns with this applications' Mike Prehm Garfield County Road & Bridge Project Foreman (97O) 625-86o1 office (97o) 625-8627 Fax. EXHIBIT g From: Sent: To: Subject: P 970.683.6284 | F 222 South 6th Street, 970.683.6290 Room 100, Grand Junction, CO 81501 Roussin - CDOT, Daniel <daniel.roussin@state.co.us> Friday, January 05, 2018 5:00 PM David Pesnichak Re: Funsten Contractors Yard, Small - Referral Request David - I no comments on this use. This use appears to be existing and it is unlikely there wouldbe a20o/o change in use. If you have any questions, please let me know' thanks Dan Dan Roussin Permit Unit Manager Traffic and Safety daniet.rousqn@$A!g-.co-,.-U! | www.codot.eov/ I www"cotrip'orq trtrtri on Fri, Jan 5, 2018 at3:30 PM, David Pesnichak <dpesnichak@earfie wrote: Hello, The Garfield County Community Development Department has received an application for an Administrative Review LandUse Change Permit to allow a Contractor's Yard, Small. The Contractors Yard is to be located on an approximat ely 3.99 icre parcel and is proposed to be un-staffed. Since the Yard is proposed to be un-staffed, demonstration of legal and adequate water and wastewater is not required. The Co_ntractors yard is currently existing as a Legal-Non-Conforming Use that has been in place since before Garfield County instituted zoning in 197i. The purfoose for this request is to legitimize the existing Contractors Yard use by obtaining arandUse Change iermit for a Contraitor's Yard, Small. The property is currently developed with a single Iamily dwelling,rnit *d accessory dwelling unit (permitted in 2014). The property has access onto courity Road 100. Thelroperty is currentiy served by an OWTS and onsite well. The current parcel is identified as parcel Number 23gl3l2}O004 and is identified as362l County Road 100, Carbondale, CO 1 E] ATi ^ L t" {i't' /-t ; "'f "GAftFIELO COUNTY PLAHNIHG OEPARTMENT Novesber 25, 1987 Ron and Sebna Ann Troxel 362? eo- Rd, 100 Carbondale, .CO 81623 oear llr, and l4rs. froxel: Erclosed is a seilulated nurt.ion and order for disrnissal tliihout prejudice vrith req"did: 'to tcalre-Ho.' 8'?C1f269-3; DistricC &urt; Garfield Couot'y, ;i;r";:iBfe"t"'i*.a Ut a'a"<irtrlirnd'carefiilty andfsl$n and" return it to this docu:rent i8 being offered in f,€-sgrrition of the al)parenc reliance on youi e"rt. on"ritaudrenis fri:n"cdrtai.ri''frrblic'officials and 5ep5e-s.entativesi" -ti,n- dweloprnnt' of 'ltur'propertyi'to datb.i' In eseence'y the'uses'You hav€ presently. on luJr property trill be considered non+nformi.ng uses. yg|l may csrfirsls Co use'tJre property in the irnnner noted in your SePterber 1{, 1987 letter, hJt you cannot " expand EIre non-cfifarning use. Xhe iaAitimi16g.lialseries,'bf iental sEorage unlEg r*or:Id bri classif ied jds -Eo-r**po*i* of t}1e non-conformiJlg use. - Ihere are no , -'prbvieibns for pe?nricting this t:rpe of uge tn the 4,44?D aone dlstrlct, so, it is rtot bssiule ior ttre Arnty to legially author126'your p(opos*,u:u' If you bave any qu€stiofl$ or concerns afbrrf this issue, feel free to call or r{rire Lo Lhls office at }rour conveniencE. v;i;g&,*- I'lark L. Bean Director r I ;;' 'ir , ii.!!.,t ;',it 'i l,i' ;l ' -l i- ' Bril fio3llll I i Ill,ri ,A7I A {. l"} fi6lJ T lt 0 tt ::Br. 14, 1987 IIr Mark L. rea: 109 8ih Yr. qrri ha 1r Glenvood Sprin8s, Co 81601 fre-ex!st!ng, Non-con{orrning, use ol f.}rs:}erty legalty described 1I! af,tacfweaf "4", Ke: Dear llark, ihis letter is, a,s per your request at our meetinB on Ehe aftBrrrool'I of, Sepr 1.1, 1987. Yc[r indicated that Ehie letter should state the reascns and irlcroerii" that I believe gfve ny rtfe *nd f a l.egal pre-existiog nor-crtfotmrng slaElrs vith regard to the property 1lsted an af,tachment, A. Thank you for this opportlurlty. Ours I'rae the ftrsr undergrorsrd csrstructicr contpany Eo be called t'lp<xt to help scarts the t-ortrr of Val1 Colorado, East YaiI , Bi6holrr subdivlsion, and Heat Yail . He nere aLso lnetrLrnenEal , durirr& thc buildirrg, of Di110{l &eservoir, !n raovlng and relocatlRg rhe ta$rrs of Dill<rn and Frisco Co1 orado. I sLarfed 1n the wrdergrotnd csrstrucLi.on business in 19/,6 aE che age of i5, and have been actlve il it for 41 years- Ourilg our staJr tn Yail , I sirnply greu too fast. t had machinery working in 5 e*;ntles. It becane apparenr, beeause' ue sete hav;-ng Cifficul. ly collect- iglg aee*rrntr tecelvabl*s, that qe were not maklng a prof if , Sa in 1966-67 r** sold otrr equip.eot La Yaf.L, aLglred a rro ccrapetit!&1 agr:eerntrnt, paid aII our bilLs and Eloved to Ehe Eoarirg Forls Yal}ey" $irh ay nlfa, Ann, snd qur four chlldren I leased a house at, Rc. 1 Box L12-S, Carbcrdal-a. Apprc L* nller Eaet of Catheriag coxner mr Hr*y 82. L agafur start*d purclrasi"ng aqulprnent for $y cmctruction f,irrn. Ssneti.ne il 1969 ffarfleld Couo.ty r*celv*d a corplainf ab,our ay equipnenf being Lrnsightly. Ilre ecrnp1.aina caxe frw a elese neLghbor, lt:r $ake. A g,entleman f,rsn Garfield Courty in*pectcd ny locatian and aakad De Eo move lt sflneHtlere else. Hllile I rras csrtelaplatlng that and aboqrt, a mcElth later, fhe Ba& frcrn Garfield cor,tr}ty and the Caibcrrdale schsoL pri-ncipal , Hr Parker, and a aan frur the Colo. State highqay departmenE eal'le to ,lly h(me. They sald rhat if I uauld build an ar€a for the carbsrd*1e eehool bus to turn around (in frsrt of tt)'house) rhey r'roui'c allo1;ne lo leawe my equipmtrrL fhere- I builr rhe bus turn around, g1adl)', and the school bus sti].l uses ir. Abouf 2 yeara later, sqmeEi-lne in 197I , a!-rofher nelghbor becane irrltared beeaucs I rrsutdn't plon snirr frcln hls road aL no cost. Mr Ohlhoff canplaired ro the County sbsut ny equlprnent. The cflmEy senE a represenfative ouD and he sald I cor-Odn't stoae my equipurent Lhere. 5o, we sLarEed looking f,or a pl*ce io Llve tbat ne *otrld alao nsr eur emsLEttcEiryr buelnesE ft@. IE took us abouE a yepr, but re flnal"ly fotnd our pteseot hcme ^L 3627 Co. Rd. 100. At that tioe tbe addrieaaea $ere altr rural toute numbers. I.lherr the Postal $€a1rice g5mged to a house.nraberi"rg systeu, they d€s16nat€d sur cfiunercial lot at 3571 nd 10O and our hcne ^t.-3627 nd 100. 2* Hark Bean BreeryendHaryLouZordel}radthisproperty{orsale',andbecauseai pressin6 needs, offertd t0 loHsr thc pxtce if I eould sni'ng Ehc dsrffl palmenL' itr Erni"e cerbar strrh the fireE $aiionaL bank, rlas ghe gentlam&n ue.-orkecl'lith ln purchasl$g equlp€nt fof, th{} effipany. lle re-flnanced ssre of c\ur hea\Y *qoiprurrt and nade lL Posfiible" lloxeve'r, before ne uould sign the p.'rrchese docua€nt* ve wanted assurance that I could cmduct my trusirress, r-'lrlr-l b)'Ehis tl$€ was $everal bustnesses' frm this property. Breezy satd he lr+s posicive iE ldas o, K. but ha Um"rLd checlc uith our county cqlgllissioner, llr &usby. I would eheek nitsh rh* buildlng deparxmenc' Borh respcrraes vere positive. Csnmlssianer Busby said Ehac Carfield Cfi5rfy yglrldrr"t ree trict my cqmerclal use beeause [he adjoining propert) ano other pT0perty in fhe same locale vere also bEing. used in a like nranner' The carf,ield county btrildlng depr, f,.old ne Lhal as soon as trhe nev & lane hig'huay l5rry aa) r,Jas ccxplete rf,rou5lr tlrts area, i.L rraa very probable t"lrae I wouLd be zorrea c€nEnerciel anyway. Hhether f xanEed lt sr not' So, ylth ufrat I belteved to be Garfield fount.y's approval , I bou8ht "'re pyop"rty, snnved lnto the house and nqrved nry equilxient ento the lover f acl*s ' AbtaclrnBent otr 16 th* plof of, trhe pr(ryerty a5 delivered Eo ms on l'lov 1, :"g??, be*ring the daEes of, llov 4 and N*v 23, 1970. I rras usrder rhe i$presslcn ttlat I rax pufctrarlng 2 - tvo aCre lote. So, I btrilf, the aceess road ae des- criberl through the resklentl"at 2 acres into the cananercial 2 acres' I had been br.rrtng and se11in5. vehielea and equlpttent f or several years, so l applied Eo tsrre Coforado DealErs Board and becaae licensed as thrurder Fiver ?r*ck *nU fqutp, Co (a dealerehlP). Ihri.t16 cbe flrst year of operarior! hJe devel*peo co, t;ts pr*p€rxy rhe fotrloving types of busiresses; 1 . Cq-rstructlsr c@Parll' 2. Colorado Retail 6 rftolesale dealerehlp' 3. Truckin6 ccr*Pany. ri. uechanical repair thoP. 5. !'Ieldt*6, fabricating & machine shop' 6. Storage yard (bom inside & outside) ?. Ilapot"utd 1lrf, S . Blas t 1n6 csrtrac 16r " 9 . $qutprnent e ates, renla1 & repa ir- ' 1O" Snov rersoval ccrlpan1r' 11" Toutng & rrrechel servl*:e' tr net Bqd ltllner shortly afrer r*e raoved in. I asked hiJD if I could btlil'd a buildlng fir the lcxer 2 aeres so I could uerk on equipment out of rhe snoH & ieuC' l{e satd to brln6 trirn a copy of the plans for approval and I could build it ' iase( trr that.urp**6, I bougb;-a bullding frm Harrlsan-l*estern, their shop at Norrie' I i.as fhetr"r c}eanup e(af'raelor afrd I pal'd Ehe$ $6,000'00, In vork performed' for rheir 100'X 6S'b;tlding. Ir corr approx. $7,0O0.OO ta dismantle and stack it or: pa11ete, In the ueantlme I had prepared the footln8s and ast(ed $ud to inspecr thgB. l{lthou-t al}y eoils te$ts, xud rurn*d Ehe& dolln. ile said L';ou1d have ro re*o.',* a1l the uJr: *,e*r the foctings and bring in c(r*pactablQ ftateriar and cLn;-"!':j': t-a $* P.p., I sfarfed t!re'exea'vati$ and {or:nd Ehe *nacceptable rnaterial 'renr down 15. " U*ing the dlrecElorr 5,iven by {larf ie Id ioi'r'tty, I excavaf ed afl ar*a I *Xatlt Sean ?00 fc. lsrs x 100 ft. r*ide x l5 fE. de€p ({1 the property in questiorr' As i remo1l'ed fhe material , I kaported 6,ood crr,rpacLabl'e rn&Cerial ' L hauled and placei over 2?,00O yards to aceqnodaf* Bud. ltren, uhen I Y€nt t'o {orri'e io get my buiiC- in6 lU Ha& gffie. Harrlso!'l-l{esfern lnf.flrned m€ that Che fsresf Service had a daa4Llner 3$ tl:elr toqk tt to south Dakota for another job. AI1d sinre my blll for xork hael beerr marlred paid, I dld rrot get lny $loney b:rck' In rhe ,ueenrirnc, &ppros L9V4, Bud came to &y office (m rhe prsperty) and sa:-d thaf, scmeone dri-vini dowr highway 82 had canplained about the loaks of rny four 5OO ga1, fa:u fuel ianXe. He first asked me to hide them frcrn view frcrn hrry 82. lloxever, no such lo,cattcn extstsr $q Bud tlren Col"d me he urrulrJ realll' lii.e it if the fuel ranks $cre burled. I rold him that uas ilnpossitrle' 1'!te ranks I had h,Ere not designed for burial . llhey vould just rot our" lle asked m* f,o Eh!:li' absur it,, l did" lly fr.rel supplier rold me that if I uould bury 8,000 gal canks rl' larger" he Could *unp a empllte Can[<er, so he eould se1 I me fue]' (or lest ' I t"ould n*f have ccnsidereA it juet to get a loHer price, however, Carfield Cor'rrtl'*-anEed 1pe Eo cure Ehe ccrapl.aloi probleo co I sperrt i1 excess of 920,000'00 to rnsrall ruo gr000 g*l cieser iask; and 6re L0r0o0 gal 6ae Eank, Along wigh a ctrtcreLe lSlan<l , nev pLslp$, guard POeLs and undergroutnd electriC" $uEi eyen sentr a man ouE f,o in*pecc mY i.n*tallattsr" As lcng a$ &y fu,el nas above ground I had a probleur taith g,as Lrei:rg stclcn fatrly easiiy, *r.* I pL{t 151 the under6r6'nd tanks, I had "peop}e" siphoning fuel- otrt of, my equiprnenl. 1 rried puuti11g sr lochi-ng 8a$ caps bug chey jusu took a harnrncr arrd beai ttren off. $o, rryin8, to get police protec[Lffr and failing' I decided to puE up an I'htgh aecurify fence- I sent Lo Bud a6'ain and asked hlrn if, r needes a peruii Eo bulld ehe fsrce. l{e sald tr dldn'r, so r proceeded ro i-nsta}l it. Th* fenee cosr rxs Just ahorr of S20,O00'OO' L h*d to bxlJ}t ln electrlceL pnrcr t{] operate the fuel purnps and Ehe ne!; $ater uelL ttrat tar adjudtcated i.n 1975 (afpro:c). I also Sraveled the entire 1or bur the g,ravel keep* sinklnS, so I've darie thaE 3 *r 4 Eimes . ?ha g[nall garage strtch exists in rhe Northuest corner Lt&s apProved in 19i0 for ccrst,ructlsn ae the aaee ti&e as the pemiu uas iesued uo build the house ' The other large laefal building, *as the tesult of a raEher unusual circr.rasEance- A,s l have expiained al page 2, rxre of the first thi:rgs I did afcer buyhg the prr.lperty ua.s t.o ask Errd Xi1*ar abput plJfEiltg up a building" trrl the course t)t ab$ur chre€ )rs$rs I opent (cnr lost) applox $25,0OO.O0 trylng i0 ger' tire buildin5 ehac I eo deepcrarely needed. SryeEime in 1975 I ras drtvtng pesE iter Coffma:l's place en Road lOO apd he r*ag bull"illng r&at loctred li.ke a srlall shop. I asked hL; tron Lre xas doing tbat uithorrf a bulldir:rg permit" He sald he didn'E r,eed orle Eo build a batrr. l again r,renE fo Bud- I told him I really needed a buildi-tig ror ny equlple$t ne€ds, ttrat, ev€& a barn r*ould do. He ro!.d ee Lhat if a trarrr lould aufflce, &o ehead and bulld Lt, Here r had been speldi-ng ttlousantls of dollars lo g,eL pelceissitrl to butld a sb6p aad Bud is t.elling ne, if I call it a barn I can buiid iE. So I did.. I bou€Bt this bulldlng for $5,000.00, patd approx $7,00CI.00 ro disnrantle lt and haul 1t t'o tty yard and sppro(, $5'OOO'O0 to erect' it' tiarfield corrnty b,uildtng dept" furspected the footillgs and bearu erectisr and accepted it' ;;-fr; as I Xn!r.r, everything uas O.K. I used f,he building alcrrg uiEh f,he oEher snaller buiLdi.ngs for lny bu*ineoer and r'rnrit $a.neone made a ccraplai:rr abour iE' &ud rhen scgrre; rrri.ting ri letters and L qulek.ly learned chat, I uasrt't supposed to use this building for ao}rthi'l&, that Lrasn'L g,rourn or userJ for the properl:y' I H(}uld feceiYe a leeter and drive f,o Clenuoud fo find ouC trcrn hrrd rJtrlE tir'li & -|lark Bean urmg, &ud l(neu $}af I needed Ehe buildin8 f or and I feel he shoul"d have told me of iE* lisrluati,orrs before I nenr to all Lhe cime and financial expense of puEEinB iC up. Inotead, after its erectlan, Butl informed $e [haf I qou]dn'L use it for the m1y purpose I had for lt. Evrrytirne he receiverl a crrng:taint, he wtro[e ire a lerter relt:.ng ee fo stqp uslIt8 ?he bullding. And on every ocqaslon, I r'rr:uld drive to Gleauood, siE dorrn uith hir,l and ask ltirs r*rat he vanted me Eo do. 5ud xould aluays p1&y lt dor*r and tell me noL to worry abouc r..he silly ccmplainrs. $o nor,i I havc been usln& the br.ltlding {or a trffI*csnforming use f<rr over 12 years Lrith Ce,rf ield Cor.urfy's knot.tr edge and bl*ssiir11, ' On Nov 16 , Lg82 I r*a irr jured <xt a C*nstruct ion pro jecc in i1s5rt'r-l . ilol o. A e6mpa6t6f r*Ound up orr Ceip Of ine and HOn. It ruptured 3 dlscs arrd iirrl':r'rlty :laC!(" in i p1,aces. I had extensive back surgery, I recovered f rern ttlr: r-rgtrrl.'rl- icnr I ine but i-n fhe heallnE process, xy spLnal arca cvercalclfied and resulted in thtr icndirioo I narr urrfier frru. Spinal. Arthritis" As a resulr of rhis I started reducin6 my lnventory of equlpnent in 1983, uttich intensified fhe use of my dealers tlcense. svln tho ue disposed of most of our heavy equipment' ue are stil! usi:rg th{' Lot for all of th* afoternentlcred uses' llne accldent u*s covered by Horkmen'r Ccrnpe$satlel: to {l$ce lfav l'6, 1982 I have had no incsne €xcept for rhe sr$g.ll cr*peo*.atlc3 cbeclra cwerJr 2 xsehc and l&lat llttLe ne recelve frcrn rrae of *rr prop"ity" Ths loa* of Our nm-ccrfoml*5, rrr* sta(us v*uld causa a cerribl.e finarclal hardghip m my nlf* **d I' In L9g3 ve decided to *ell gbe c(auirrctal 2 acre* to my scrr 8andy. t'lis l-ntenti.et !{&a Eo buiLd a lrarge m lt aad ccrrtinus Lhe rrc.l*conforining use iJl a minlrxal uay. He flled for an ex€mptlrxl !.rit.tr Sarfield Courty. AEtachrnent "C", when rde appeared befcrre the ccsmtsslmers (Jfun DrtnkhQuse, Flavin cerise and Larry Velasqoezi* ana eveft tho all nembers of the bcard approved th€ exe1gpticn ' a yoLm& lady frcu Planntng & Zentng, epPeared a*d *ald rhat she r{ogld approve the e*eo,irf.r, qtly if I r*ouiil et6n a docr-uent l$diearing l sould abandsi my p:e-exis';i:ig nan-ccnfq{lrtr6, ure and resttre the prgperry to its "crtg,!nal" c6ldiricrn arrd use. I rzieur** ih"et &s colJrlty ptaankrg black&ail . II wr:uld cost u$ approx $lco'uc0'0u irr properiy dsY*lu*lian a,&d *pprao. $25,OOO.00 in resLorarioft' Clearly' Carfield Cotxrry-hr:es and acceptad our !}6ec0f,omlty at rha.E time s8d was using my requesr for an ex&mpEiort, rfricfr I rae legally entitled Eor as indtreenleng for me ro give ulr iy-r.***fca:nlng ure, x*t-nly becauge cf the co$t" and cerrainly nerr to be obstirara fotJard the salI}tlr, I refu;ed f,o si8$ rhe doetsent irnd Garfield CounEy dii not approl/e &y r€que8t f$f €x&eprlcr' Uhtcb I eitlL believe I an' enritled !'0' *irtrotrt cmdirierri, (&efere,l}cc 8? *a Jt'r ?d &178' aexrtng and plarrnks' x ncrcotr- fo:ncing u&eg, p,age 68&, 685. la*t par*g,raph and ecnrlnuetng ln lst paratraph page &&6 . art&clreent D. ) Durin& ouf meeELrg co Sept 11, 1987 yotl stated Oarftetd County'5 posiCion as this: l", lhag our property r*as u qred agriculture prior to our purchase i;r 1971 a;r'd rherEfor doea rrot qualify a.a a pre--extering rls5l*so.rfoxloilg use' Your lerf,er of Jlg}e 18, t9&? clearty spcctfies $ecnl*r 3.A2 of rhe Garfield c<-nrnry zo.lirp" Res- slutlg-r qf 1976 au a.u"rdud *nd Section 30*28-1?a (a)-(c) CRs as anended. Flease note th&t Eho che a&eodreents aboye uere drafted igr 1978, Lhey r^rere ilot enacteci and adcpted untll JanuarY Z, 1979' In ansstrr out Posttion ler 30-28-120 {}} cRS (ptracrrcenr E) tndlcaLesi The la*fut use of a building or strlrcrure {rr Ehe lar.ful use of, any 1and, as existing, and lasful at the ri:ne of the adoptisr of a zcring resoLutlcn or, ln Lhe case of an SnFnftoen-t of a.ress-, xuciri,@tlrEeof,s@_lgs4erl!:oaybecmtiJlued,althosuchusedoesnot cwrfarm,L"n,n tli{r oJ 3'n:n&nenE' (under}ining added) 5 -ilark Bearr 1, In lookln6 at our deed of trust you vill f ind if tlared Nov 1, 197?' l''le do nof belteve it corsrirutisral to enf*rce a asring res$lutirxr dated Jan 2, L919 ? . That, if indeed there exlsted a aoning re6,u1at icxi in lg72 thar profribiEed '"r* lran uaing the propecty f{,t Etios€ purposes EhaL r'/e ell&agi:d in, Garf,ield L:ounty not only kneu pf th* ptOpurEy's use* bur- encouraged, inspecEed and al:;rruved Ehe prqpsTt, and al.l the tbeos c* sald pr$per;y f or lts non-f onf onti:rg use. t'le L*ti*o*- Ebat by its *eflAle, Garfield Cor:nry accepr'ed anil approved our !.)rspera,\- for ics no:r-{ollf0:rei"&8, usr in 1972*73. And relyiJ}& s'l thef, acceprance and ar:pr|r'si Lhe ?r15c€Xc Lnvesf,eC aumr of murey excseding $L15,000'Oil to prqtroEe their non*cenforming usee crr the Propercy' Agairr I apryo8tre t{srk for not being here co re6ptrrd to your letLer dated Jrure 18, l9&7, nut. ae I toi.d yotr, the death of ny Hother in Hay, the death of my t{if€'s t{ottrer ln July, the burtal arran6crnente and settlin6 of their esrares' Ihc graduatian of lr;r m1y daugirter fror college ln P{rcatel}o, Idaho kept ne ah-ey frm thls area folr *oolt- 3* sonrrre thls srrffiner. sy the time I actually yieued y${rr lctuer ln early Augu*t, yanr 30 day deadli-ne had tcxrg since pasE aJ'rd $illce ns artls, had been L*tet, I aecepted your letter of a like n&trure to the ones &rrd *tllner uaed Co sen6. t{hlch h* *luays sav*tl ofl rrs tr'einp' noching to w$rry aho.uf,..syn0rrespfildhg,lcaneasllyunrlers!arrtlatrrJaccepct.heactiolr:aI..enl'.* carf teld county. ity hrryre no*r ir simply t;trat car:f i*lri L:ourlty ui11 &cct--pr' j{lc protectmyrtgtrrropre*exiarinp',n(r'r-cl)l-lt()t"lr;irrt"rt$11' I recei.rred fhe $u&ma and Culplairnt o(} Iiept' S, [987 and $ust answer EhaE $IJmonE rrLfhln txenty {Z$) Caye . BecauEe of, rhe corl$traiRts p)"aced cn ne by that deadllne, L lJenrld ask tlrat you dlrect [he A*alEranf County AEtorney' Mr Jmrs rt. Leulhaua€!, to rltldrttr Lhe *umseams aE fhis Ui'rne andrin tbe tmlikely €ven! r,e calln{}t dte*olrre thts qlrcatlon' refXle the ecrnplaXjlt as a lasc resclrt' I do aot vleu !t ixteltrI-ge$t or productLve co lirigare jusu for rhe sake of itt1gn,rt*, Atrd, tc dthatrr t"trt ar&sns doea not prejudtce yotrr right to re- lnctiuute lltlgetlur 1f all elge f,ail"a ' Thank yoa.r for yotrr ti"a* aad patieree ' '{AilD TJT,LTYIfiED: Sincerely, Ilcroald A I|ll ill rrH$l'tr'j'Fil Lil+t ltt h1 I HIJ l.l trlt'lil trl"'l' I ll I iq'1"#iiiigrg,3u,?.'3138"."il,t1ffi 'lSR,,ELDcouNryco LAND USE CHANGE PERMIT for A S.gg4 Acre Parcelof Land Owned by James Funsten Located Approximately 4 MilesEasf of the Town of carbondale off county Road 100, Known as 3627 County Road 1A0, in Lofs 3 and 4 of Section 31, Township 7 South, Range 87 West Of The dh P.M' Garfield CountY (Assessor's Parcel No. 2391'31 2'00'004) 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 Dwetling Unitas shouyn on the Site Ptan Aftached as Exhibit "A" (aAPA-78e7) This Land Use Change Permit is issued subject to the conditions contained in the Resolution of Approvai (Exhibit B) and shall be valid only during compliance with such conditions and' other applicable 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: t D COUNTY BOARD OF COMMISSIONERS, D COUNTY, COLORADO ,Ii"-- "'"Y* a a'aa i sEAr, j :'...- ^-.." floio'i"r;b A4- Page 1 of 4 lll il,rr,r llltr lt'J ltTi fi[ Hl! i ]t'il I { } I H+l Hr I L a $ ll1, ll ll IReception$: a5274OOAl19l2Ol4 10:33.54 AII J€an nlb.rico2 of 4 Rec Fee:90.00 Doc Fee:O.OO GHRFIELD C0UNTY C0 Exhibit A (Project Site Plan) I ! I i t 6 vl I '-4 --I I I Ir\\) J *i-S!7= It ,:,[ "<---r )E-/'il" I;t tjl'M )lw,/,/ f*-Y-' \---T litt/t // ,\ \\ 1 \'rl\-L;_ 7 /lr/=1lltillti! ItlJ,I / \/ /v',/ //:// ,/;////^ ___L-.1 I| I I t[rfjt t' llf,jr H r[tl*,i ffil'hfl ltll I'll] Ul'lh"hlTl' I ll I ['"*3?l8'f :3.'-.u8ur'#38'"'FE!,t186'a3fi ,,ELDcouNryc0 1. 2. 3. 5. 6. 8. Should the existing foundation on the property be used for the Accessory Dwelling Unit, the structural integrity and the ability of that foundation to support the Dwelling Unit shall be verified at the time of building permit. g. The Garfield County Community Wildfire Protection Plan (CWPP) identifies the property as 'Yery itigh" wildland fire susceptibility. As a result, the Applicant rtu-tt *uintain 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. Page 3 of 4 Exhibit B Conditions of APProval AII representation of the Applicant contained in the application shall- be considired 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 7-7OI of the Land use and Development code of 2013, as amended. The Floor Area for the Accessory Dwelling unit shall not exceed 3,000 square feet. The ADU shall be required to meet all Garfield County Building Code Requirernents including but not limited to additions necessary to meet mlnim.um size requirements and fotential upgrading of the building foundation. At the time of builiing permit appiication the Applicant shall comply with all standard county requirerneiG inchaing erosion and sediment control during construction' The Applicant shall maintain conformance with all requiranents and conditions with the well permits for the property. The Applicant shall obtain an Onsite Wastewater Treatment System (OWTS) permitihrough the Garfield CountyBuilding Department prior to installation. The Applicant shall obtain an access permit for the southernmost access to the p.op".ty onto CR 100 from the Garfield County Road and Bridge Department prior to issuance of a building permit for the Accessory Dwelling Unit and the urr"r, shall be brought up to Current standards. Per Garfield County Road and Bridge comments, the Applicant shall only keep the current southemrnost access poinropen and the other two access points to cR 100 are to be gated. llll ]ilrli'Slt'irlil{,il1',ll['hiHHlf]illii\{ llhll'i I ll I Receotionfl l 85274O08/lS/20r4 1O:33:54 AI't Jean nlbericoi-;i'i-H;; i;;;ari.do tioc FiC:s.oo GTnFIELD couNrY c0 10. The Applicant will conduct ongoing weed management on their property in accordance with Garfield County's Noxious Weed regulations. The Applicant is encouraged to utilize resources from the Garfield 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 Perrnit, the Applicant shall provide an itemized breakdown of how the driveway conforms to Table 7-107, such as easements, surface width, and ditches. Should a non-conformity be identified, the documentation shall be referred to the Garfield County Contract Engineer for additional review. Any non-conforming dimensions would need to be rectified prior to issuance of the Land Use Change Permit. 12. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a map and inventory of all state and locally listed noxious weeds on the property. In add-ition, the Applicant shall provide a management plan for the identified noxious weeds. The inventory, map and plan shall be reviewed and accepted by the Garfield County Vegetation Manager. Page 4 of 4 EXHIBIT II Community DeveloPment lOlt 8th Street, Suite 40 I , Glenrvood Springs' CO 8 I 601 January 16,2018 Notes for James Funsten, 3627 CR 100 Carbondale, CO 81623 Parcel # 239131200004 Site drive by occurre d on 11912018. At this time I compared the current condition to the photos that we have on file and determined that the site is still being used for the same uses as was previously deemed as "legal non-conforming" use that has been ongoing for many years. No violations are present. Wade Patton Code Enforcement Officer Garfield County Community Development Garfield County Administration Building 108 8th Street, Suite 401 Glenwood Springs, CO. 81601 970-945-1377 x 1530 GarrteW County Office: 970-9.15-8212 Fax: 970-38.1-l'170 EXHIBITt ,,1AffiI '-4- y 1, aydwitdtife Manager COLORADO Parks and Wildlife Departrrrent of Natural Resources Glenwood Springs Area Office 0088 Witdlife WaY Gtenwood Springs, C0 81601 January 16,2018 David Pesnichak Senior Ptanner Garfietd County Community Devetopment Department 108 8th Street Glenwood Springs, CO 81601 RE: Funsten Contractor's Yard Dear Mr. Pesnichak, Cotorado parks and Witdtife (CPW) staff has reviewed the apptication for the proposed land use change permit located al3677 County Road 100 and have the fottowing comments reglrOing witdtife. The project occurs in an atready highty disturbed area where impactl to witdtife and witdtife habitats witl be minimat. Based on the proposed action, CPW does not have any recommendations but appreciates the opportunity to comment. lf there are any questions don'! hesitate to contact Land Use Speciatisi, Taytor Etm, at Q7A) 947-2971 or District Witdtife Manager, Matt Yamashita, at (970) 947'2931. Sincerety, Cc:Matt Yamashita, District Witdtife Manager Taytor Etm, Land Use SPecialist Fite Bob D. BrD6ctEi4 D,tc.u., Cohn& plrk lrd Wildlift . h*s rnd Wildlift Comirsion' Robcn W. Bny ' Chis Castiliarl Onir o fcanr Honq Vice{hah Jofm Howard r Bi[ Karr . Dale Pizl r Janes Ribyl Sccraary. Janrs Vigil o Dean WintfoH o MictEIl ZjnurEflrun o AlI ZFP ^ooi {.o.b..e ^* l._ A ,.'._ ; . r ''iry6.'. David Pesnichak From: Sent: To: Subiect: Follow Up Flag: Flag Status: Bill Gavette < gavette@carbondalefire.org > Thursday, January 18, 2018 8:00 PM David Pesnichak Funsten Small Contractors Yard GAPA -L2-L7'860L FollowUp Flagged David, I have reviewed the application for the Funsten Small Contractors Yard. I have no issues with the proposal. Best, BillGavette Deputy Chief Carbondale & Rural Fire Protection District www.ca rbondalefire.org 970-963-249L FrrE - EIi{S. *ESCUS EXHIEIT t1 HIBIT Garlield Coun$ Vegetation Managemenl January 23,2018 David Pesnichak Garfield County Community Development Department RE: GAPA - 12-17-8601 Dear Dave, I have no comments on this one. Sincerely, Garfield County Vegetation Manager 195 W. l4t' Stt€st, Bldg. D' Sulte 310 Rifle, co 81650 Phone: 970-94!i-1377 x 4305 Mobile Phone: 970'3794456 MOUNTAIN CROSS ENGINEERING, INC. Civil ancl Environmetltal Consulting and Design EXHIBIT L I January 24,2018 Mr. David Pesnichak Garfi eld County Planning 108 8th Street, Suite 401 Clenwood Springs, CO 81601 RE: Funsten Small Contractors Yard: GAPA-I2-17-8601 Dear David: This office has performed a review of the documents provided for the Funsten Small Contractors yard. The submittal u,as found to be thorough and well organized. The review generated the following comments: l. The Applicant should provide more information on the size of the planned enclosure- If it will be greater than 10,000 sq. ft. than a drainage plan would be necessary' 2. The Applicant should provide a copy of the driveway permit once obtained' Feel free to call if you have any questions or cotnments. Sincerely, Mountain/Cross Engineering, Inc.i-rl-,'li t I \, il \ 'f;i.^"r i-',n[ 'i\ &is Hale, PE 82.6'/,Grand l\venue, Glenwood Springs, C0 81601 P: 970.945.5 544 F : 97 O.945" 5558 www. mountaincross-eng'com David Pesnichak From: Sent: To: Subject: Follow Up Flag: Flag Status: JAMES FUNSTEN <fundesign@msn.com> Thursday, January 25,20L8 6:03 PM David Pesnichak Re: Contractors Yard - Engineer Comments FollowUp Flagged Hello Dave, Got engineers letter and all makes sense on my end. Building is 40 feet by 60 feet which makes 2400 square feet. Thanks Jim Funsten EXHIBIT 195 W. 14th Street Rifle, CO 81650 (970) 625-s200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Dave Pesnichak 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 January 23,2018 Hello Dave, I'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 practices 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, drinking water and wastewater treatment should meet Garfield County standards.- Hazardous materials such as paints should be stored properly to prevent contamination of the soil and groundwater. This property is within the Town of Carbondale's Source Water Protection Area. Thank you, ,!'l i t,' Morgan Hill Environmental Health Specialist lll Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Public Heultlt GarJield County Public Health Department - working to promote health and prevent dlsease EXHIBITI AlI/ {il{t\€NT //C tt GARFIELD COUNTY PLANNING DEPARTUENT l{overber ?5, l9B7 Bon and SeI.EB fnn Troxel 1627 0. Rd- 100 Carbondale, C! 81623 Dea( t&. and ilrs. Troxel: Enclosed is a stiprlated nption and order for dlstissal virlr reoitd: 'Eo -@se llc.' 87c11259-3, Dlstrlct churt' cof"r'uo"i:tPl6i8€'read ttib doqrr6nd rcarefully and r19n Uris-ofglc€. t't { a r': I l,itho{rt prejudrce c€rf ield counEy, and return it lo ltris doctlrEnt is belng offered in recognrltlo0--of the aPParent rellance on 1';; A; t ;,ta*rmnEs {roo certairi. nryuq,gfriclit_ _1f _."BI=33.i:.::in -tir" develoFent' of '1mur ProPertf to daEe; L-r,^ ^--.iarjlir m mrr rriDoertv lfill be Cfl8i ttir typ. of uaa in tf,e ,/RIRD zone dlatrict, so it is not *," oi.ity to legally authorlze l'our Proposed use' If l,ott bave any guestio(ls or conoerns abqrt, tttls Issue, feel free to call' or irite to thlg oEflce aE your convenience' SincerelY, , ,4-{naa/66'}*- i,1,,ii iiir l1 erparsion permittLng possible for i ia'Ser a9e oe tf," rpnonfornlng tt3€- - Orera are no-,'pbvigiong fo: l[ P tllti$ii ttr;i rr ['r I ,l I'|rl, tiii,lirili Frcm: Sant To: Cc: Sublect Itr. lrlhite Sorry to hear about the shock. Not supe about the facts as you have stated but r*ould be glad to try and address then- First, thls property has not been rezoned. It is still zoned Rural as I believe your pnoperty is. fven in i nurai-zoning district a storage yard can be penmitted under the rlght conditlons. plenty of corilerciar and industrial uses have been pernitted in the Rural zoning district. secondly, a1I of the infornration I found on file for thls property indicates that the final opinion 6y the prevLous Plannlng Director found the property to be a legal non-conforming use. I did not find anything in the file to sug8€st that the previous code enforcement offt."" went any further ln pursulng this after received the same correspondence as I did' There appears t-o Ue'" ioni hLstory Tor using the property as a storage yard. The legal non- conforming status exists inttl thl "use haI discontinued for an uninterruprted period of 1ix (6) months o" *"",-ii i nesuft oF causes uithin the control of the property ourner or their agent....' (ULUR Section tO-tO6 A- 1-) I had requested that litr. Funsten to provlde proof that the storage yard has been continuous use since he purchased it from Troxels. tJhile he did agrree to obtain this infornation he also had hls attorney titn- Goluba contact ne to dlscuss thl.s lssue- It appeaPs that t'tr. Guloba had addressed this sane lssue with the previous code enforcenent person and the last correspondence to that affect u.as sometine in 2699. As lrlr. Go1uba pointed out the county has no proof to counten !itr. Funsten's claim that the property has not been in continuous use' I believe this is a fair statement. r t*ould have a lrard tirne providing documentation that rarould stand up in a civil court case. As I nentioned to your rife, lf the county nere to drlve by every week. to check on the status on ilf, property ii would bl a tedlous and probably an lnefficlent task, but I can try to nonitor this. rf you uould rike to "iiirt the couniy in documenting any discontinuation of the storage yand I would appreciate your efforts. Houerer, as your wife stated, you are well aware that the p"op""ii-is'Lsed for itorage during various local events, the X games ln particuLar and you do -not seem to have a iroblem uittr ttte property being used durin8 those events. If He are to shor pruof that the use has been dlscontlnued He cannot dlscount certain events. If you have inforrnation that I am not privy to or that Hould help substantlate your clalm that recent code enforcement has been more- successful in pursuing this natter, r r'rould be very appreciative of your docunentation and support. P1ease let me know lf ue need to have a ,eeiini'to discuss this on if there maybe others that would be useful to have at that meeting. 6ale D. CannoneY GARC0 81dg & Plannlng DePt. 970-945-82,12 -- -- -Oniginal Hessage- - --- From: DaiidWhite fmii].to : david@avmd.Spmcastbiz. netl t Gale CarmoneY Wednesday, October26, 2O113:47 PM DavidWhite Andy Schwalleq Fred Jarman RE: zoning ctrange tar 3A27 CR 100 64,0 ? ' L,r,ooMay22,2OtZ Drew, As best as I can determine, Marta Adolf & David White are the adjacent Property owners to the subject property currently owned by Funsten (formerly owned by Troxel). They believe the uses on the Funsten property are not legal non-conformities; rather, they raise the following five main points in their most recent correspondence: 1) There is no provision in the ULUR (Article 12-103(A)) that provides that the Enforcement officials can make a determination that a property's use is legal non-conforming. Response: This section states that the Enforcement Official is delegated the power to enforce all provisions of the land use code. A determination can be made by the Enforcement.official is so delegated by the Darector. 2l The County has not provided a Directors lnterpretation to be appealed. (The County has no form to use to request an lnterPretation. Response: Section 4-501(B) contains the submittal materials for an appeal. lf a pre-application conference is desired, we can explain to Marti Adolf & David White what form can be used. This is not an administrative hurdle. 3) The Adjacent properry owner asserts that it is unusual for the lnterpretation to be delegated to the Code Enforcement Office, even though it ls allowed by Code. Response: As stated above, a determination can be made by the Enforcement Official is so delegated by the Director. 4) lnstead of making the adjacent property owner appeal an lnterpretation, the County should simply enforce against the Subject property for the illegal uses. Response: The letter that Mark Bean authore d on 11125/87 still remains the County's formal position as it relates to uses conducted on the Funsten property. 5l Adjacent property owner will apply for an lnterpretation if the County so desires but all fees should be waived. Response: The County has a process for someone to appeal and administrative interpretation- A fee is required. Other Thoughts / Comments 1) Did Mark Bean, Director of the Building and Planning Department in 1987 have the legal authority to render a determination of the "Troxel Property" as having legal non'conforming uses on Ltl25lL987? Response: The short answer is yes. Mark Bean was the Building Official at the time. The Counffs Zoning Resolution of 1978, as amended (the 1978 Zoning Code) defined the County Building Official (which is the formal title of the Planning Director). Section 2.O2.lO of the Zonint Code defines Building Official as: Ihe Euitding Otficial designated by the County Commlssioners to admlnlster ond enforce thts Resolutiur and the Building Codc R*olution ol Garfidd County' Cotorado. Further, Section 7.M of the 1978 Zoning Code contains a provision dealing with "Change in Use" which is a s follows: A nonanformlng use sholl not be reploced by o use considered to ertibft d graoter degree ol norconlormity thon the extstlng usel howarcr, o nonconlormlng use may be rcplaced by o use onsldered to exhtbit on eqwl or laser degree ol noncontormfi than the existing use; the degree of wtormity to be detemrind bv the Bultdino Olficiol basd on the lntent and purpose ol thls Resolutlon; for exomfle, a mobile hone moy be reptaced by o permonent conventlottol slngle lomily dwettlng provlded lt meets all other slte rqulrements of thts R*olution, (A. 931161) Additionally, the following sections of the 1978 Zoning Code further define the role of the Buildlng offtcial regarding the admlnistration of the code relatlng to enforcement: g.At OZ Action hv the Buildina Officiol: The Building Officiol stptl utitize services of the Envitonmental Heolth fficer, County Plonnlng DlreAor and other county ond stote olfidols or agencies to onive ot o determtnottoa thot the proposed bultdtng,focltffry- structure ot use ls ln compllonce wfth oll apdlcahle zonlng, suMlvlslon, bultdlng, heatth ond sanltotlon rcgulodons; ond tl the proposed building, focility, structurc or use is in compltance, shall Issue a permlt lor the lmprovements shown on the aPPllcotlon; revlan o! permit apptication shall normally be limited to ten (70) working doys. 9.Ol.O3 lnsoection: The Buitding Olticlal ar his designated repre*ntotive ,i hereby empowend to insgea any buildlng, struc(ure ot tmci al lond mnceming which he has reasonable cousc to belleve thot a use erirrrs, or (r,nstruction or oltcmtion work b being or hos been performed, in vlolotlon of the opptlcable provisions of this Resolution, tl o violation exists, the County Commisslonen ot theit daignotd reprcsentative shalt direa that such remedlol dctlon be taken as wlll resuft ln lull compllonce wlth the appltcoble provlslons of thls Resoluilon- Lastly, Section 9.04.01 provides regulatory guidance on Administrative Appeal & lnterpretation which is provided here: g,04.Ol Aoolicatioas: Appeols to the Zoning Boplrd of Adjustment ("Board"l moy be taken by any person aggrieved by hts inabllity to obtain a permit (other than o Speciol Use Permit), or bv the decisioa of anv odminlstrotlve officer ot argency bosed..uwn or made in the cource of the administmtion or enforcement of the oravislons of this Resolution. Aoaeals mav also b? to,Bgn.bv anv gfrggl, deprtmmt, hoord or bureau o! the County offeaed by the Erunt or relusal of o permit, other than a Speclol llse Permit, or bv other decision of on adminlstrative olficer ar aaencY bosed on, or made ln the aurse of. the odministratton or enforcement of this Resolution. Appeals to the Boord mast be mode ln wrttlng ond filed with the Board wlthln *ven (7) days of the dction or declsian apryalcd ot d o opy shotl be glven by the opryllont to any ofidal or agenq fiom which the oppeal is token. September L4, t987 letter ftom Troxel to Mark Bean so long as there is not any expansion. The County acted properly within its authority as provided in the 1978 Zoning Code to render such a determination in 1987. lf Marti Adolf & David White wish to request a formal interpretation by the curcnt Planning Director, there is a process available to them to do so in Sedion 4-302 of the Unified land Use Resolution of 2008, as amended. We would be happy to set a pre-application conference to move this forward. non-confurmlng by Mark Bean, then Building Official in 1987. Those uses may continue to Request for Call-up - Funsten Contractors Yard, Small BOCC 3-12-18 DP STAFF MEMO Schedule a Public Hearing for reconsideration of a DirectorREQUEST PROPERTY OWNER REPRESENTATIVE LOCATION PROPERTY INFORMATION: ACCESS EXISTING ZONING DIRECTOR DECISION Decision for a Contractors Yard, Small James Funsten James Funsten 3627 CR 100, Carbondale 3.99-acres County Road 100 Rural Approval with Conditions EXHIBIT !o.og I. GENERAT INFORMATION A request was received on December 28, 2OL7 for Administrative Review for a Contractors Yard, Smallto be located approximately 3.75 miles east of Carbondale at 3627 County Road 100. The Contractors Yard has been documented as Legal Non-Conforming (See Exhibit 4) and has been in operation prior to the establishment of zoning within Garfield County. The property owner desires to obtain a Land Use Change Permit for the use as a Contractors Yard, Small on this property in order to legitimize the use under the current Land Use and Development Code (LUDC) and allow the construction of a garage to store some of the equipment under cover. The construction of the garage is considered an expansion of the Legal Non- Conforming Use and is not permitted unless the use obtains a Land Use Change Permit. A denial of this application would allow the use to continue as is under its current Legal Non-Conforming status. A request for a Contractors Yard, Small in the Rural Zone District is an Administrative Review pursuant to Section 4-103 of the Garfield County 2013 Land and Development Code, as amended (LUDC). This process grants the decision-making authority to the Director of Community Development. This process also allows for call-up of that decision for review by the Board of County Commissioners. A decision that is called up requires scheduling of a public meeting so that the Board may determine whether to reconsider the Director Determination in a noticed public hearing. A Director Determination of Approvalwith Conditions was issued on February 9,2078 and a request for call-up was received from Tom Smith, attorney representative for the nearby Lions Ridge Subdivision on February L4,2078. The call-up request letter, Director Determination letter, staff report and exhibits, and select prior documentation / correspondence regarding the Legal Non-Conforming nature of the use are attached. Request for Call-up - Funsten Contractors Yard, Small BOCC 3-12-18 DP II. BOARD DECISION The Applicant has provided a request to call-up the application for Board consideration in a noticed public hearing. Should the Board determine that a public hearing is warranted on this application staff recommends scheduling the hearing for Monday April 9, 2018. EXHIBITI /'-ol-tL Garfield Couln$ 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 adjacent property owners and mineral owners. / Mailed notice was completed on the Z L day of 20/4 ./ 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. -1 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] 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. 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: O,, ,7 te-srtr?L. {( sienrtur", 4-*G4 oate: r1e..r-4 ? ?, '7 O / I 11zl urlt 20 tr My application required Posting of Notice. Notice was posted on the day of 20 tr3/?2/zt)LE EXHTBIT $3/?2/?il4 mrtErr o Holguin 3655 cR 100 ndale co 81623 f-r3/??/2t-118 u - tr.::' sociation* fi*t ntage Uomeowner's As: E i" - +Iso Lions Ridge Rd Carbond 81623@ rf, mrjl[f P vid &-A nna white 1290 Fox Run Lane 72727 Em EO Eg lf, ITJI ru ruEtfE trltrlJI EI mrlEr! tr538 2t Postmark l-lere EI E] -aEI mr{Err 3400 N Adams Rd. , Ceriified HIIA\J '**,';ffi-fs: (Endorsemenl Fequired) 3627 CR 100 i Oak Brook.-I,L 60 5 23u+rl?mmm 485 CR tlz J 14o EfI ullr-.I ru ruEE Ef EI EfJI[f, mr{Err 03/22/2$18 ag€ EXHI C BIT lrIoo!Thouns FrnroN Srurrn ,,\ r nlns r,r' ,r r l..ru I'() Iirr.i.il.it) il') \lidlrrnil .\vr. llrrr.rlt. ('( ) ti I (;l l lU. 9-0-.. I S-10.r r ( cll. t)-O..1-9--lOl t()ln(/ tl\r'n i( lrlJ\\.( ()nl April4, 2018 E ma i I : d pssn iqh a k @eq1fieLrLSA_UOUL(q U Eoard of County Commissioners Garfield County 108 8rh Street Glenwood Springs, CO 81G01 Re: Funsten Application for Land Use Change permit Dear Commissioners: I represent the Lions Ridge Homeowners' Association in connection with the above-referenced application, scheduled for a call-up hearing before you on April 16, 20j.8. please accept these comments for the record in this matter, I.INTRODUCTION This is an application for a land use change permit for a small construction yard. Presently the property is non-conforming as to use and has been for many years. The application has been subject to Administrative Review, which is for a change in land use "that will have insignificant impact." (Land Use Code, Sec' 2-104.A.1). These comments are for the purpose of ensuring compliance with this purpose. The property is located in the Rural zone district. This district is intended primarily for residential and agricultural land uses (Land Use Code, Sec. 3-101.A). The application acknowledges that adjacent land uses within a 1500 sq. ft. radius include mostly dwellings and agricultural uses. One of the standards for approval of a land use change permit is Compatibility: "The nature, scale, and intensity of the proposed use are compatible with adjacent land uses." (tand Use Code, Sec. 7-103). We recognize that as a legal non-conforming use, the applicant's property has certain rights. However, if as the applicant represents, approval of the land use change permit is to reduce neighborhood impacts, the Director's Determination either should be denied or substantially revised as to the conditions of approval. Tnoruns FpNroN Surru Alronxry..rr L.rw Page 2 II. THE CONDITIONS OF APPROVAL SHOULD REQUIRE THE TERMINATION OF ALL NON-CONFORMING USES EXCEPT SMALL CONSTRUCTION YARD. All parties acknowledge that the existing use of the property is non-conforming. By letter to the then-owner of the property in L987, Exhibit 9, the county allowed the continuation of the non-conforming uses as identified by the owner, Exhibit 10, including the following: 1. Construction company; 2. Colorado retailand wholesale dealership; 3. Trucking company; 4. Mechanical repair shop; 5. Welding, fabricating, and machine shop; 6. Storage yard; 7. lmpound lot; 8. Blasting contractor; 9. Equipment sales, rental and repair; 10. Snow removalcompany; and 11. Towing and wrecker service. Most of these uses have been abandoned and are therefore terminated as provided in Land Use Code Sec. 10-104.4. Furthermore, the Code states that the right to continue a non-conforming use terminates when it is altered or when a new structure is built. (Land Use Code, Sec. 10-103. A.1 and A.2). However, the Director's Determination does not state that the pre-existing uses, other that small construction yard, are terminated. This is necessary to eliminate any confusion about the permitted use of the property' lf the applicant is not willing to abide by this requirement, the application should be denied. ln particular, the application states that the purpose is to "enclose the most persistent legal non- conforming use comprising of parking and maintenance of my own vehicles and equipment in this building." However, there is currently a Butler Rents semi-trailer stored on the property, as well as construction equipment and materials not owned by the applicant. These non-conforming uses should be terminated because a construction yard is not a storage yard. lf a construction yard is to be made a conforming use, the non-conforming use of storage yard should be terminated. ln addition, given the variety of uses that have occurred in the past and our uncertainty as to what changes will occur, there should be some provision for reporting and monitoring the future uses of the property. III. THE CONDITIONS OF APPROVAL SHOULD REQUIRE A TRAFFIC STUDY AND LIMIT TRUCK TRAFFIC TO 15 TRIPS PER DAY. The applicant represents that he intends to reduce the current impacts of the use of the property (lmpact Analysis). He also represents that current trip generation is 1.6 trips per day, and that trip generation should decrease from historical levels. However, the application does not include a traffic study or an engineering report on the safety and capacity of the intersection of the driveway and CR Tho*ras FrNroN Surrn AlroRxrv eT l-ru. Page 3 100. Common sense tells us that large trucks and semi-trailers cannot make the turn form the property to CR 100 without crossing over into the northbound lane and creating a dangerous condition. lf the proposed use will permit the continued use of such vehicles, a turning lane may be necessary. The need for this improvement should be evaluated as a condition of approval. ln addition, there are no conditions in the Director's Determination to ensure that impacts, including truck traffic, do not exceed previous levels. lf the application is approved, there should be a condition of approval limiting truck traffic to 16 trips per day as represented in the application. IV, THE CONDITIONS OF APPROVAL SHOULD LIMIT THE SIZE OF THE NEW BUILDING TO 24OO SQ. FT. The applicant proposes to construct a garage to store his equipment. He states that approval of the application "will improve and better control any possible impacts to the area with indoor storage," and that it will reduce "a minimal nuisance to neighbors historically." The application does not identify the size of the building, but by email to the County, Exhibit 1,6, the applicant refers to a 24OO sq. ft. building. The Director's Determination does not impose any size limitation. ln order to ensure that the applicant complies with his representations and that approval will reduce impacts, a limit on the size of the new building to 240O sq. ft. should be a condition of any approval. V. THE IOO-FOOT SETBACK REQUIREMENT SHOULD BE ENFORCED. Thezoningofthepropertyrequiresal00-footsetbackforindustrialusesintheRuralzonedistrict. The applicant is requesting a variance to 50 feet. However, the staff report states that only a 25-foot setback is required fora legal non-conforming use. This reflects a fundamental misunderstanding of the application. This is not an application to create a legal non-conforming use; that would not be possible. This is an application for a new use that would be conforming and allowed in the Rural zone district. Therefore, the setback requirements for legal conforming uses apply. Sec. 7-1001.8 of the Land Use Code states that "All activity shall be a minimum of L00 feet from an adjacent residential property." Sec. 7-1001.D requires that storage shall be 10O feet form the property line. This is a S-acre property on which a l-acre construction yard is proposed. The applicant has presented no justification for waiving this requirement, and it certainly has nothing to do with any physical constrainrs on the property. Therefore, compliance with the 100-foot setback requirement should be a condition of approval, VI. CONCLUSION For all of the above-referenced reasons, this application should be denied or the conditions of approval should be substantially revised. Thank you for your consideration of these comments. Very truly yours, cc: Lions Ridge HOA EXHIBIT tTEbt NFII, W GOI-I]BA GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW E23 COOPER AVEi\UE P O BO\ 9ll GLENWOOD SPRINGS, COLOR"{DO tI5O2 TELEPHONE (970) 945-9141 FAX (970) 945-9r41 April 16, 2018 golubapc@comcast nel Via e m ail : rlpes nic h ak@garJie I d-c o unty. co m Board of County Commissroners Garfield County 109 8'h Sfteet Glenwood Springs, CO 81601 Re: Funsten - Land Use Change Permit Dear Commissioners: I was recently engaged by Mr. Funsten in comection with his Application for Land Use Change Permit for the property located at3627 County Road 100, Carbondale, Colorado. Mr. Funsten is agreeable to "Option C" as set forth in the most recent Staff Memo. However, for clarification purposes, I would request adding tlie following Finding: 6. The uses requested in the Application, including, without limitation, trucking and indoor/outdoor storage of equipment and materials for third parties, comply with and are included in the Contractor's Yard, Small use category. I would also request revising Condition l0 to read as follows: 10. All uses associated with a Contractor's Yard, Small, including, without limitation, trucking and indoor/outdoor storage of equipment and materials for third parties, are dictated by this approval and the Garfield County Land Use and Development Code of 2013, as amended. Upon issuance of the Land Use Change Permit for Contractor's Yard, Small, the prior recognized legal nonconforming status of the property shall be terminated. I believe the foregoing helps clari$ that the allowed uses for the Property upon issuance of the Land Use Change Perrnit shall comply with the uses currently taking place on the Property and requested by Applicant in the Application. Thank you for your consideration. NWG:lsc