HomeMy WebLinkAbout2.00 Staff Report DD 04.22.2025File No. GAPA 10-24-9042
Director’s Determination
Staff Planner - HM
Hogback View Estates Metal Shop
Exhibit List
Exhibit # Exhibit Description
1 Notice
2 Garfield County Land Use and Development Code, as Amended
3 Garfield County Comprehensive Plan 2030
4 Application
5 Staff Report
6 Referral Comments: Garfield County Sheriff, Levy Burris
7 Referral Comments: Garfield County Vegetation Management, Sarah LaRose
8 Referral Comments: CDOT, Brian Killian
9 Referral Comments: Colorado Parks and Wildlife, Molly West
10 Referral Comments: CDPHE, Solid Waste
11 Referral Comments: Garfield County Public Health, Ted White
12 Referral Comments: Consulting Engineer, Chris Hale
13 Referral Comments: CDPHE, Air Quality, Brendan Cicione
14 Referral Comments: Glenwood Springs Fire Department, Robin Pitt
15 Referral Comments: Garfield County Building Department, John Plano
16 Public Comments: Roc Gabossi, Neighbor
17 Public Comments: Denise Sheridan, Neighbor
LAND USE AND DEVELOPMENT CODE
EFFECTIVE JULY 15, 2013
Last Amended September 9, 2024
COMPREHENSIVE PLAN 2030
2020 UPDATE
Adopted: November 10, 2010
Last Amended: February 26, 2020
GARFIELD COUNTY
File No. GAPA-10-24-9024
Director’s Determination – April 22, 2025
Staff Planner – Heather MacDonald
1
HOGBACK VIEW ESTATES METAL SHOP - STAFF REPORT
TYPE OF REVIEW Administrative Review
FILE NO. GAPA 10-24-9024
APPLICANTS (OWNERS) Canyon Creek Partners LLC
REPRESENTATIVE Doug Pratte of The Land Studio
LEGAL DESCRIPTION SECTION: 35 TOWNSHIP: 5 RANGE: 90 A TR
IN THE NW4 CONT 34.685 AC ADA LOT 2
GABOSSI SUBDIVISION EXEMPTION
PRACTICAL DESCRIPTION 24 County Road 138, New Castle, CO
PARCEL NUMBER 212335200186
LOT SIZES 34.7 acres
ZONING Rural
COMPREHENSIVE PLAN Residential Medium High, New Castle Area of
Influence
STAFF PLANNER Heather MacDonald
RECOMMENDED DECISIONS Denial
I. DESCRIPTION OF SITE
The subject parcel is located .7 miles east of the Town of New Castle. It is accessed by
a private gravel driveway and easement (Reception No. 620584) through Lot 4 from the
southern parcel from County Road 138. The parcel was originally plated as Lot 2 of the
Gabossi Exemption Plat in 2002. Lot 2 is currently 34.7 acres.
The property has about 15% slope from the southern property line to the northern most
point. The northwest area of the property has about 45% slope grade. On the northern
end of the property, a single-family residence is located. On the southeast side of the
property, a metal fabrication shop exists.
Surrounding parcels include large rural agricultural and rural residential areas, BLM land
to the north and 2 smaller parcels with warehouse/self-storage/RV storage to the south.
2
Figure 1 Location of Parcel
Figure 2 Satellite image with topographic lines.
3
Figure 3 Gabossi Exemption Plat
4
Figure 4 Improvement Survey Plat
5
Figure 5 Sopris Engineering Drawings of Road to Metal Shop
6
Figure 6 Sopris Engineering Drawings of Road to Metal Shop
7
II. DESCRIPTION OF PROPOSAL
The proposal is to allow the existing metal shop to be in compliance. It was not formally
permitted. In 2011, the building was permitted as a residential garage with the previous
owner Conrad Wagner. The application process indicated a steel building with no
electrical. The garage became a metal shop sometime after being permitted as a
residential garage. Wagner sold the property to current owners in 2022. Proposed hours
of operation are from 8am to 6pm.
III. COMPREHENSIVE PLAN
The property is in an area designated Residential Medium High on the Future Land Use
Map (FLUM).
IV. AUTHORITY – APPLICABLE REGULATIONS
The Land Use Table contained in Section 3-403 of the Land Use and Development
Code, designates a Metal Fabrication Shop within the Rural zone district as requiring
Administrative Review.
Section 4-103 of the Land Use and Development Code sets forth the Administrative
Review Procedures. Submittal requirements include:
Section 4-203.D Site Plan
Section 4-203.E Grading and Drainage Plan
Section 4-203.F Landscape Plan
Section 4-203.G Impact Analysis
Section 4-203.J Development Agreement
Section 4-203.K Improvement Agreement
Section 4-203.L Traffic Study
Section 4-203.M Water Supply/Distribution Plan
Section 4-203.N Wastewater Management Plan
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 and Subdivision Standards and Design
Specifications in Division 4. The standards are addressed in the Application submittals
and in the Staff Analysis section of the Staff Report.
8
V. REFERRAL AND PUBLIC COMMENTS
Referral comments
1. Garfield County Sheriff’s Office, Levy Burris: Requires necessary and applicable
Hazardous Materials Placards for Flammable Gases and Hazardous Materials be
placed on the exterior of the building.
2. Garfield County Vegetation Management, Sarah LaRose: Request owners to
conduct a noxious week inventory and week management plan in previous
application. Would request documentation of the completion of the inventory and
plan in the spring of 2025 if not done. Provided recommended services for
mapping.
3. CDOT, Brian Killian: Needs more information to determine a new CDOT access
permit and traffic study is required. No further comments after questions
answered.
4. Colorado Parks and Wildlife, Molly West: No wildlife concerns.
5. Colorado Department of Public Health and Environment, Solid Waste: Depending
on type of metal processing and materials being used at the site, any generator
of hazardous waste must notify the State of Colorado and obtain an EPA
identification number.
6. Consulting Engineer, Chris Hale: Noted that the steeper grade should be verified
with Fire Marshall for acceptance for fire and emergency vehicles. Applicant
should also verify by the Fire Marshall if the metal shop needs any special fire
suppression considerations. Needs more information on traffic considerations
before a traffic waiver is granted. Applicant needs to provide drainage
calculations for culverts, determine guiderails on road and obtain a valid OWTS
permit.
7. Town of New Castle, Paul Smith: Concerned about the commercial use of the
metal shop. Doesn’t fit with New Castle Comprehensive Plan of rural low density
of single-family residences and agriculture.
8. Garfield County Public Health, Ted White: Drinking water quality is adequate but
will not be classified as a public water system. Recommends well water be
treated to reduce the levels of Total Dissolved Solids, sulfates and iron.
Demonstrate adequate water for fire suppression.
9. Colorado Department of Public Health and Environment, Air Quality, Brendan
Cicione: Fugitive dust control measures in the Land Development APEN Form
APCD-223 must be followed at the site.
10. Garfield County Chief Building Official, John Plano: New building permit to
change residential garage to commercial garage with Architectural stamped
drawing required at Building Permit Application. Septic system must be approved
by Public Health department. Electrical, gas, mechanical and plumbing will be
inspected during the Change of Use Building Permit. Site visit compiled a list of
conditions to have the Metal Shop in compliant.
11. Glenwood Springs Rural Fire District, Robin Pitt: Property could be served by
either Glenwood or Colorado River Fire Rescue with the appropriate apparatus
for any incidents. Would like to know occupancy classification. Access roads
9
must be able handle fire apparatus from either district. Concerned about no
signage, addressing, mechanical ventilation, and installation of gates.
Public Comments
Public comments were received.
VI. STAFF ANALYSIS AND CRITERIA
Code Analysis
Section 4-103 Administrative Review: The applicant meets the notice requirements
for an Administrative Review.
Section 4-203.D Site Plan: The applicant provided a general site map of the parcel that
included the location of the single-family residence, the existing metal shop, the public
service easement and the access and utility easement.
Section 4-203.E Grading and Drainage Plan: The application provided a grading and
drainage plan from the entry of the road access to the metal shop. It included driveway
sections. A building permit was issued on 10/4/2010 and a grading plan would have
been reviewed as part of the building submittal.
Section 4-203.F Landscape Plan: Proposed landscaping will be the reclamation of
disturbed areas for road improvements.
Section 4-203.G Impact Analysis: The metal shop is surrounded by residential rural
agricultural land but with storage facility located south. A portion of the westside of the
parcel has steep slopes but the shop location is on a flat gravel area with no natural
waterbodies. The slope to the metal shop is from 6-14% grade. Currently an
unpermitted OWTS is located on the lot. OWTS report by Sopris Engineering is
included. Previously permitted as a residential garage and is located 500-800 yards
from any occupied structure.
Section 4-203.J Development Agreement: N/A
Section 4-203.K Improvement Agreement: N/A
Section 4-203.L Traffic Study: Applicant requested a waiver for the traffic study due to
not provide significant information beyond the current CDOT access permit No. 303120.
Section 4-203.M Water Supply/Distribution Plan: The shop is served by an existing
well with permit No. 335230 and a legal water supply letter from Balcomb & Green was
provided.
Section 4-203.N Wastewater Management Plan: Sopris Engineering provided a
report.
Section 7 Standards
Section 7-101 Zone District Use Regulations: The property is in Rural Zone District.
The Metal Fabrication shop is a permitted use with a Land Use Change permit.
10
Section 7-102 Compliance with Comprehensive Plan and IGA’s: The County
Comprehensive Plan designated the area as Medium High density. New Castle’s
Comprehensive Plan designates the area as Rural Low density.
Section 7-103 Compatibility: The parcel is surrounded by large acres of rural
residential, agriculture, BLM land to the north, and storage facility to the south.
Section 7-104 Source of Water: Existing domestic well is located east of the metal
shop as Permit No. 335230. A commercial well is not permitted on the property. A legal
water supply letter by Balcomb & Green is included in the application. A water
agreement was recorded as Reception 791618 for allowed uses of Lots 2 and 4. In the
water court Case No 97CW 1652, the property owner was awarded ½ of the water
rights of the Gabossi Subdivision Exemption.
Section 7-105 Adequate Central Water Distribution and Wastewater Systems:
Sopris Engineering performed site investigation of the existing OWTS for the shop
building. Believes that the system is fully functional for the ½ bath (toilet and sink) that is
installed in the building. A 750-gallon concrete septic tank is located south of the
building. Recommends the tank to be inspected annually and most likely be pumped
every 3-4 years.
Section 7-106 Public Utilities: Xcel Energy is currently serving the existing building.
Section 7-107 Access and Roadways: Engineered drawing and report from Sopris
Engineering is included in the application. The current slope of the private road to the
shop is 6-14%. Engineering drawings indicate that the steepest grade would be 12%.
The minimum ROW of the road into the property should be 40 feet but currently it’s 30
feet ROW. The actual road narrows between the entrance and 1st switchback.
Section 7-108 Land Subject to Natural Hazards: Application doesn’t propose
development in any of the natural or geologic hazard areas.
Section 7-109 Fire Protection: The parcel is in the Glenwood Springs Fire
Department.
Section 7-201 Agricultural Lands: The existing metal shop will have no adverse
effects on surrounding agricultural operations.
Section 7-202 Wildlife Habitat Areas: Ther will be no additional disturbance to wildlife
habitat since the metal shop has been existing there since 2010.
Section 7-203 Protection of Wetlands and Waterbodies: No natural water bodies are
located in the metal shop lot.
Section 7-204 Drainage and Erosion: Engineered drawings from Sopris Engineering
is included in the application. Improved culverts are located under the road and
connects to the existing ditches along the road.
Section 7-205 Environmental Quality: No substantial temporary or long-term adverse
effect on noise, odors, or waste-generation. All fabrication will occur within the metal
fabrication shop. The site visit shows a coal pile outside for heating garage.
Section 7-206 Wildfire Hazards: The existing building is in an area designated as Low
Burn Probability on the Wildlife Risk Assessment map.
11
Section 7-207 Natural and Geological Hazards: No natural or manmade geologic
hazards exist on the lot with the existing building. No additional development is
proposed in this application. A report by Sopris Engineering is included.
Section 7-208 Reclamation: Proposed landscaping will be the reclamation of disturbed
areas for road improvements as described in Sopris Engineering report.
Section 7-301 Compatible Design: The parcel is surrounded by rural residential,
agriculture, BLM land and storage facility.
Section 7-302 Off Street Parking: Parking and loading areas is located at the building
site on gravel.
Section 7-303 Landscape Plan: N/A
Section 7-304 Lighting: One existing overhead light on the exterior building is on
during the night for safety and security.
Section 7-305 Snow Storage: Adequate snow storage space is available around the
building site.
Section 7-306 Trails and Walkways: No trails or walkways are proposed.
Section 7-1001 Industrial Use: Applicant asks for a waiver. Originally, the property
was platted in 2003 as the Gabossi Exemption Plat. 4 lots were platted with Lots 1 & 2
for residential only and Lots 3 & 4 for commercial. The metal shop is located on Lot 2.
Section 7-1001 (A) does not allow industrial use within a Residential Subdivision. With
future applicant plans for a Major Subdivision on Lot 2, it does not comply with the
original intent of the Gabossi Exemption Plat or Section 7-1001 (A).
Staff Further Analysis and Discussion
John Plano did a site visit with one of the property owners. He complied a long list of
issues in a letter provided two options for the owner to rectify the shop. One is to apply
for a demolition permit to bring the building back to its original condition when the
building was permitted as a residential garage in October of 2011. If owners decide to
bring the shop in compliance, it requires a building permit and a Colorado licensed
architect to submit drawings for the building permit application. It would require
architectural, mechanical, plumbing, electrical, and site plan drawings. Some code
related issues noted by John Plano in the site visit are listed in the following:
• The welding shop requires an Administrative Review with the Planning
Department. This process is to be completed prior to issuance of a Building
Permit.
• Submit a Building Permit Application and drawings to change the Occupancy.
Please see directions in the previous paragraphs.
• A restroom was added, an OWTS Permit is to be applied for with Garfield County
Public Health Department. (Septic Permit)
• The new restroom is to be handicapped accessible.
• Provide information on the well that it’s approved to serve the commercial
operation.
• Provide proof of a State Electrical Permit and approval.
12
• The office created is to be handicapped accessible and to be address by the
architect.
• If the mezzanine is to stay, it will need approval from the structural engineer.
• An accessible parking spot is required with an accessible route into the building.
• Landings are required on the exterior side of the doors.
• There is an unlisted forge installed. This will be required to be addressed by a
mechanical engineer during the permit process.
• There is a coal burning furnace for heat. This will also have to be addressed by a
mechanical engineer during permitting.
• Snow guards are required on the roof over the exit doors.
Since the building was permitted as a residential garage with no electricity, a half bath
was also installed without the proper permit. There is no record of a septic or electrical
permit for the garage.
Planning staff followed up a site visit with the applicant’s representatives. The metal
shop has been around in various incarnations since the previous owner was granted a
residential garage building permit. With no record of any other types of required
permitting besides the building permit, the previous owner created a hardship of their
own by not going through proper permitting processes. The current owners created
hardship by continuing to allow the metal shop to exist when buying the property and
not following the permitted use of the residential garage. No further divisions by
exemption are not allowed, the applicant has applied for a Major Subdivision sketch
plan which complies with the residential zoning of Lot 2. The lower lots of 3 and 4 of the
Gabossi Subdivision Exemption was rezoned to be commercial in 2003 while the upper
lots of 1 and 2 were to stay residential. The metal shop would be considered an
industrial use, but with the upper lots designated residential, it would not be consistent
with the intent of the subdivision exemption.
Fig. 9 Outdoor storage of materials for the metal shop
13
Fig. 7 View of county road entrance to the property Fig. 8 Private road to metal shop
Fig. 10 Private road to subdivision area Fig. 11 Location of residences in subdivision sketch plan
Fig. 12 Private road to single family home at top Fig. 13 Private road to single family home at top
Although the private road to the metal shop splits off on the 1st plateau, the grade is very
steep with it being currently around 14%. The amount of traffic to share a road with a
metal shop and residential uses are also not compatible.
VII. RECOMMENDED FINDINGS AND CONDITIONS
Staff recommends denial by the following findings:
14
Findings
1. That proper public notice was provided as required for the Director' s Decision.
2. Consideration of the application was extensive and complete, that all pertinent
facts, matters, and issues were submitted and that all interested parties were
given an opportunity to provide input prior to the Director's Decision.
3. That for the above stated and other reasons, the proposed Hogback View
Estates Metal Shop isn’t in the best interest of the health, safety, convenience,
order, prosperity, and welfare of the citizens of Garfield County.
4. That the application has not adequately met the requirements of the Garfield
County’s 2030 Comprehensive Plan and New Castle’s 2011 Comprehensive
Plan.
5. That application has not adequately met the requirements of the Garfield County
Land Use and Development Code of 2013, as amended, and waiver criteria
including but not limited to: Roadway standards per Section 7-107 Access and
Roadways, industrial use per Section 7-1001 (A) Residential Subdivision and
existing unpermitted improvements to a permitted residential garage (electrical,
OWTS, insulation, and half bath).
From:Levy Burris
To:Heather MacDonald
Cc:Chris Bornholdt
Subject:RE: Hogback View Estates Metal Shop
Date:Wednesday, January 8, 2025 10:45:56 AM
Heather, the Garfield County Sheriff’s Office has no issues or concerns regarding the GAPA-
10-24-9024
Project Name: Hogback View Estates Metal Shop
Rezoning for a metal fabrication shop. The only requirements are that the necessary and applicable
Hazardous Materials Placards for Flammable Gases and Hazardous Materials are placed in the
appropriate places on the exterior of the building.
If you have any questions, feel free to call me at 970-989-3042.
Levy Burris, Emergency Operations
From: Heather MacDonald <hmacdonald@garfield-county.com>
Sent: Tuesday, January 7, 2025 11:50 AM
To: Kelly Cave <kcave@garfield-county.com>; Casey Lawrence <clawrence@garfield-county.com>;
Chris Bornholdt <cbornholdt@garcosheriff.com>; Ted White <twhite@garfield-county.com>;
Jannette Whitcomb <jwhitcomb@garfield-county.com>; Harry Shiles <hshiles@garfield-
county.com>; Dale Stephens <dstephens@garfield-county.com>; Dustin Decrow
<ddecrow@garfield-county.com>; Tyler Terry <tterry@garfield-county.com>; Levy Burris
<lburris@garcosheriff.com>; Sarah LaRose <slarose@garfield-county.com>; Killian - CDOT, Brian
<brian.killian@state.co.us>; cdphe_localreferral@state.co.us; taylor.elm@state.co.us;
molly.west@state.co.us; bailey.franklin@state.co.us; tom.knowles@state.co.us;
ross.mcgee@state.co.us; terry.wygant@state.co.us; kirk.oldham@state.co.us;
scott.hoyer@state.co.us; travis.bybee@state.co.us; albert.romero@state.co.us;
mark.richman@state.co.us; Stanton - DNR, Jake <jake.stanton@state.co.us>;
matt.yamashita@state.co.us; john.groves@state.co.us; peter.boyatt@state.co.us;
samantha.canetti@state.co.us; Paul Smith <psmith@newcastlecolorado.org>;
Chris@mountaincross-eng.com; Orrin Moon <orrin.moon@crfr.us>; jason.cox@blackhillscorp.com;
samantha.l.wakefield@xcelenergy.com
Subject: Hogback View Estates Metal Shop
Referral Agencies:
Attached is a referral request for an administrative review of a land change use located at 24 County
Road 138, New Castle, CO 81647. Applicant proposed to change the existing residential garage use
to an Industrial-Fabrication Metal Working use.
The request includes a link to review the complete application and the link is also included below:
https://records.garfield-county.com/WebLink/Browse.aspx?
id=4057781&dbid=0&repo=GarfieldCounty&cr=1
We request that your comments be submitted by January 28th, or sooner, if possible, to facilitate the
review/hearing schedules.
Comments can be submitted directly to my email at hmacdonald@garfield-county.com
Please let us know if you have any questions or if you have any difficulty in accessing the file. Thanks
in advance for your assistance as your comments are an important component of our review process.
Heather MacDonald
Planner I
Garfield County Community Development
108 8th Street, Suite 401 Glenwood Springs, CO 81601
o: 970.945.1377 x1605hmacdonald@garfield-county.com www.garfield-county.com
From:Killian - CDOT, Brian
To:Heather MacDonald
Cc:Kandis Aggen - CDOT
Subject:Re: Hogback View Estates Metal Shop
Date:Wednesday, January 15, 2025 11:08:01 AM
Heather,
CDOT will need additional information to determine if a new CDOT access permit
and traffic study is required. How many new employees will there be? What are the
changes in traffic volumes and vehicle types? There may be more questions when
we get those two answered.
Please have them contact me if they have any questions.
Thanks,
Brian KillianRegion 3 Access Program Manager
Traffic & Safety
P 970-683-6284 | C 970-210-1101 | F 970-683-6290
222 S. 6th St, Room 100 Grand Junction, CO 81501
brian.killian@state.co.us | www.codot.gov | www.cotrip.org
On Tue, Jan 7, 2025 at 11:53 AM Heather MacDonald <hmacdonald@garfield-county.com>
wrote:
Referral Agencies:
Attached is a referral request for an administrative review of a land change use located at 24
County Road 138, New Castle, CO 81647. Applicant proposed to change the existing
residential garage use to an Industrial-Fabrication Metal Working use.
The request includes a link to review the complete application and the link is also included
below:
https://records.garfield-county.com/WebLink/Browse.aspx?
id=4057781&dbid=0&repo=GarfieldCounty&cr=1
We request that your comments be submitted by January 28th, or sooner, if possible, to
facilitate the review/hearing schedules.
Comments can be submitted directly to my email at hmacdonald@garfield-county.com
Please let us know if you have any questions or if you have any difficulty in accessing the
file. Thanks in advance for your assistance as your comments are an important component
of our review process.
Heather MacDonald
Planner I
Garfield County Community Development
108 8th Street, Suite 401 Glenwood Springs, CO 81601
o: 970.945.1377 x1605
hmacdonald@garfield-county.com www.garfield-county.com
From:West - DNR, Molly
To:Heather MacDonald
Cc:Jake Stanton - DNR
Subject:Re: Hogback View Estates Metal Shop
Date:Thursday, January 16, 2025 1:33:45 PM
Heather,
Thank you for reaching out to Colorado Parks and Wildlife for consultation. After reviewing
the application materials, CPW has no wildlife concerns with this proposal.
Sincerely,
Molly West
Land Use Specialist
C 970.250.3818
molly.west@state.co.us | cpw.state.co.us
On Tue, Jan 7, 2025 at 11:53 AM Heather MacDonald <hmacdonald@garfield-county.com>
wrote:
Referral Agencies:
Attached is a referral request for an administrative review of a land change use located at 24
County Road 138, New Castle, CO 81647. Applicant proposed to change the existing
residential garage use to an Industrial-Fabrication Metal Working use.
The request includes a link to review the complete application and the link is also included
below:
https://records.garfield-county.com/WebLink/Browse.aspx?
id=4057781&dbid=0&repo=GarfieldCounty&cr=1
We request that your comments be submitted by January 28th, or sooner, if possible, to
facilitate the review/hearing schedules.
Comments can be submitted directly to my email at hmacdonald@garfield-county.com
Please let us know if you have any questions or if you have any difficulty in accessing the
file. Thanks in advance for your assistance as your comments are an important component
of our review process.
Heather MacDonald
Planner I
Garfield County Community Development
108 8th Street, Suite 401 Glenwood Springs, CO 81601
o: 970.945.1377 x1605
hmacdonald@garfield-county.com www.garfield-county.com
From:Localreferral - CDPHE, CDPHE
To:Heather MacDonald
Subject:Re: Hogback View Estates Metal Shop
Date:Monday, January 20, 2025 8:43:31 AM
Hello,
CDPHE HMWMD - Solid Waste has the following comment to this proposal:
Depending on the types of metal processing and materials being used at the site, the facility
may potentially be a generator of hazardous waste, and as such, must notify the state of
Colorado and obtain an EPA identification number as a generator if it has not already done so
in the past. More information, including how to notify online if this is the case, can be found
in the Department's Generator Handbook, which is available on our website
at https://cdphe.colorado.gov/hm/haz-waste-mgmt-guidance-all-generators.
Thank you,
On Tue, Jan 7, 2025 at 11:53 AM Heather MacDonald <hmacdonald@garfield-county.com>
wrote:
Referral Agencies:
Attached is a referral request for an administrative review of a land change use located at 24
County Road 138, New Castle, CO 81647. Applicant proposed to change the existing
residential garage use to an Industrial-Fabrication Metal Working use.
The request includes a link to review the complete application and the link is also included
below:
https://records.garfield-county.com/WebLink/Browse.aspx?
id=4057781&dbid=0&repo=GarfieldCounty&cr=1
We request that your comments be submitted by January 28th, or sooner, if possible, to
facilitate the review/hearing schedules.
Comments can be submitted directly to my email at hmacdonald@garfield-county.com
Please let us know if you have any questions or if you have any difficulty in accessing the
file. Thanks in advance for your assistance as your comments are an important component
of our review process.
Heather MacDonald
Planner I
Garfield County Community Development
108 8th Street, Suite 401 Glenwood Springs, CO 81601
o: 970.945.1377 x1605
hmacdonald@garfield-county.com www.garfield-county.com
--
cdphe_localreferral@state.co.us | colorado.gov/cdphe
Garfield County Public Health Department – working to promote health and prevent disease
Public Health
195 West 14th Street 2014 Blake Avenue
Rifle, CO 81650 Glenwood Springs, CO 81601
(970) 625-5200 (970) 945-6614
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: Heather MacDonald
hmacdonald@garfield-county.com
RE: Hogback View Estates Metal Shop
Parcel No. 212335200186
24 County Road 138
New Castle, Colorado 81647
File # GAPA-10-24-9042
January 22, 2025
Heather,
Garfield County Public Health (GCPH) has reviewed the application for the Hogback View Estates Metal
Shop and have the following comments.
1. Drinking water: The applicant proposes to continue providing drinking water to the metal shop
from an existing well on the property. The maximum number of people anticipated to be served
water by the well in the shop is 4 people. Water quantity and quality testing indicated that no
contaminants above the EPA MCLs were present in the well water and that there was sufficient
water for the shop. The application did not appear to account for fire suppression water
requirements.
GCPH staff comments: As proposed, the water system will not be classified as a public water
system with the Colorado Department of Public Health and Environment (CDPHE) and appears
adequate and safe for the proposed use. It is recommended (but not required) that the raw well
water also be treated to reduce the levels of Total Dissolved Solids (TDS), sulfates, and iron. As a
condition of approval, the applicant should demonstrate adequate water for fire suppression at
the shop.
2. Wastewater Treatment: The applicant proposes to utilize the existing Onsite Wastewater
Treatment System (OWTS) associated with the existing shop building that is located on the
property. The existing system was installed when the shop building was constructed in 2010-
2011, but there is no record of an OWTS permit associated with the existing OWTS. The
applicants’ engineer performed an inspection of the system, which indicated that the OWTS was
in good condition and functioning properly. The system appears to consist of a single-
Garfield County Public Health Department – working to promote health and prevent disease
compartment 750-gallon septic tank followed by a Soil Treatment Area (STA) consisting of a
single trench of chambers, approximately 44 feet long.
GCPH staff comments: Because there is no record of the existing OWTS permit for the metal shop
building, GCPH recommends that as a condition of approval for this application, the existing
OWTS be brought into compliance with current OWTS Regulations. The applicant shall apply for
a New OWTS permit and provide all applicable documentation, including a site and soil
investigation and a design/modification to bring the existing OWTS into compliance with current
Garfield County OWTS Regulations. Specifically, as stated in section 43.9.B.4.a of the Garfield
County OWTS Regulations: “A septic tank must have two or more compartments or more than
one tank may be used in series. The first compartment of a two-compartment tank or the first
tank in a series must hold no less than one-half of the required effective volume.” Further,
Section 43.10.J.1 of the Garfield County OWTS Regulations states: “A local public health agency
will require that effluent screens be installed in all septic tanks in new installations and repairs
where the septic tank is replaced.”
Thank you,
Edward R. “Ted” White, P.E.
Environmental Health Specialist III
Garfield County Public Health
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 665-6383
twhite@garfield-county.com
Dedicated to protecting and improving the health and environment of the people of Colorado
Heather MacDonald
Planner I
Garfield County Community Development
108 8th Street, Suite 401 Glenwood Springs, CO 81601
VIA EMAIL
RE: Hogback View Estates Metal Shop
Dear Heather MacDonald,
The Colorado Department of Public Health and Environment’s Air Pollution Control Division
(APCD or Division) received a request for an air quality administrative review concerning the
proposed Hogback View Estates Metal Shop project as described in your correspondence dated
January 13, 2025. The Division has reviewed the project letter and respectfully offers the
following comments. Please note that the following Air Quality Control Commission (AQCC)
regulations may not be inclusive of the regulations the proposed project will be subject to. It
is the responsibility of the involved parties to determine what regulations they are subject to
and follow them accordingly.
Land Development
We also note that projects similar to this proposal often involve land development. Under
Colorado air quality regulations, land development refers to all land clearing activities,
including but not limited to land preparation such as excavating or grading, for residential,
commercial or industrial development. Land development activities release fugitive dust, a
pollutant regulation by the Division. Small land development activities are not subject to the
same reporting and permitting requirements as large land activities. Specifically, land
development activities that are less than 25 contiguous acres and less than 6 months in
duration do not need to report air emissions to the Division. It is important to note that even
if a permit is not required, fugitive dust control measures including the Land Development
APEN Form APCD-223 must be followed at the site. Fugitive dust control techniques commonly
included in the plan are included in the table below.
Control Options for Unpaved Roadways
Watering Use of chemical stabilizer
Paving Controlling vehicle speed
Graveling
Control Options for Mud and Dirt Carry-Out Onto Paved Surfaces
Gravel entry ways Washing vehicle wheels
Covering the load Not overfilling trucks
Control Options for Disturbed Areas
Watering Application of a chemical stabilizer
Revegetation Controlling vehicle speed
Compaction Furrowing the soil
Wind Breaks Minimizing the areas of disturbance
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polis, Governor | Jill Hunsaker Ryan, MPH, Executive Director
Synthetic or Natural Cover for Slopes
Please refer to the website https://cdphe.colorado.gov/apens-and-air-permits for
information on land use APENs and permit forms. Click on “Land Development” to access the
land development specific APEN form. Please contact KC Houlden, Construction Permits Unit
Supervisor, at 303-692-4092, kenneth.houlden@state.co.us if you have any specific questions
about APENs and permit forms.
If you have any other questions or need additional information, please use the contact info
listed above, or e-mail or call me directly. Thank you for contacting the Air Pollution Control
Division about your project.
Sincerely,
Brendan Cicione
Air Quality and Transportation Planner
General SIP Unit
Air Pollution Control Division
Colorado Department of Public Health and Environment
303-691-4104 // brendan.cicione@state.co.us
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polis, Governor | Jill Hunsaker Ryan, MPH, Executive Director
From:Robin Pitt
To:Heather MacDonald
Cc:John Plano; Glenn Hartmann
Subject:RE: Hogback View Estates
Date:Wednesday, January 29, 2025 2:49:59 PM
Hi Heather,
The Hogback View Estates is technically within the Glenwood Springs Rural Fire District. This
area has an automatic aid agreement between GSFD and CRFR to provide fire and EMS
services and both agencies respond with appropriate apparatus for the nature of the incident.
A couple of items that I wanted to clarify:
1. What type of occupancy is the metal workshop classified? Is it F2?
2. The package includes GSFD notes requiring fire apparatus access roads conform to
Appendix D of the 2015 IFC
3. Section 505 of the IFC outlines requirements for premise identification. Currently, there
is NO signage at the entrance to the private drive at the intersection of CR138 or at the
‘WYE’ intersection leading to the warehouse. GSFD requires that address identification
be posted in accordance with Section 505.
4. Does the applicant plan on installing any gates?
5. What mechanical ventilation is installed and does the shop have any Oxygen or CO
detection?
Thanks,
Robin Pitt
Fire Marshal
Glenwood Springs Fire Department
970-384-6433 (office) | 970-379-9814 (cell)
*Accessibility Policy / Póliza de accesibilidad*
From: John Plano <jplano@garfield-county.com>
Sent: Wednesday, January 29, 2025 12:28 PM
To: Robin Pitt <robin.pitt@cogs.us>
Subject: FW: Hogback View Estates
Hi Robin,
Thought this was Colorado River Rescue… Looks like it’s yours!
John Plano
Chief Building Official
Garfield County Building Department
108 8th Street #401
Glenwood Springs, CO 81601
(970) 945-1377 Ext. 1560
From: John Plano
Sent: Wednesday, January 29, 2025 11:56 AM
To: Heather MacDonald <hmacdonald@garfield-county.com>
Cc: Orrin Moon <Orrin.Moon@Crfr.us>; Glenn Hartmann <ghartmann@garfield-county.com>
Subject: Hogback View Estates
Heather,
Thank you for including me in this Planning Process.
The existing metal building is being presented as a Metal Workshop. This building was
originally approved as a garage associated with a single-family residence. The county
records do not reflect the change of use.
It appears that a Land Use Process is required for a metal shop use in the Rural
Zone District.
A Building Permit is required to change the use from a residential garage to a metal
shop. Architect stamped drawings will be required for the change along with a
Building Permit Application.
The site plan indicates a septic system. This system is to be approved by the
County’s Environmental Health Department.
The records indicate that there was no electrical installed at the time of the final
inspection of the garage. Proof of a state electrical approvals are required, or a
permit is to be obtained, and inspection approved.
The records indicate no gas was installed at the time of the final inspection of the
garage. If gas is installed this will be inspected during the Change of Use Building
Permit.
The records indicate no mechanical was installed at time of the final inspection of
the garage. Mechanical will be inspected during the Change of Use Building
Permit.
The records indicate that the only plumbing was a floor drain. Any plumbing added
will be required to be exposed and inspected during the Change of Use Building
Permit.
Sincerely,
John Plano
Chief Building Official
Garfield County Building Department
108 8th Street #401
Glenwood Springs, CO 81601
(970) 945-1377 Ext. 1560
From:John Plano
To:Heather MacDonald
Cc:Orrin Moon; Glenn Hartmann
Subject:Hogback View Estates
Date:Wednesday, January 29, 2025 11:56:05 AM
Heather,
Thank you for including me in this Planning Process.
The existing metal building is being presented as a Metal Workshop. This building was
originally approved as a garage associated with a single-family residence. The county
records do not reflect the change of use.
It appears that a Land Use Process is required for a metal shop use in the Rural
Zone District.
A Building Permit is required to change the use from a residential garage to a metal
shop. Architect stamped drawings will be required for the change along with a
Building Permit Application.
The site plan indicates a septic system. This system is to be approved by the
County’s Environmental Health Department.
The records indicate that there was no electrical installed at the time of the final
inspection of the garage. Proof of a state electrical approvals are required, or a
permit is to be obtained, and inspection approved.
The records indicate no gas was installed at the time of the final inspection of the
garage. If gas is installed this will be inspected during the Change of Use Building
Permit.
The records indicate no mechanical was installed at time of the final inspection of
the garage. Mechanical will be inspected during the Change of Use Building
Permit.
The records indicate that the only plumbing was a floor drain. Any plumbing added
will be required to be exposed and inspected during the Change of Use Building
Permit.
Sincerely,
John Plano
Chief Building Official
Garfield County Building Department
108 8th Street #401
Glenwood Springs, CO 81601
(970) 945-1377 Ext. 1560
Permlf Card
Garfie:d County
fouilding a11d Planning De lartmen!
108 ath Stre2t, Scite 401
Glenwood Spnngs, CO e 601
Phone. (970)945-82 ·2
Fax : (970)3E4-3470
POST ON SITE
Permit NO. BLRE-9-1 0-17 42
Issue Date: 10/4/2010 -------·
AGREEMENT
r
Permit Type: ReSidential Building
Work Classificelicm: New.
Expires : 04/02/20•11
In consideration of the issuance of the permit, the applicant hereby agrees to comply with all laws and regulations related to
the zoning, location; construction and erection of the proposed structured for which this pem1it is gnmted, and further
agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction cf the
above described structure, the permit may then be revoked by notice from the County Building department and
IMMEDIATELY B~;COME NULL AND VOID.
Residential Building Parcel #:2123352001 86
owner's Name: _C_o_n _ra_d_W_a~g_ne_r _____ ~~----------Owner's Phone: 970 ~947 ~00~_0 __ ~
j Joh Adores:;: 24_ C~ 138 ~
l NE.~W CASTLE , C•::) Totc.15G•Jare Feet: . 2400 ___ ~
a:z::.·mt ... ~m~~~rm~=l:l'ro:::l"""'"~*'""•"""""III<ZlO==m•cl:2•:u:::::c=""'""=··~-~c=:utK~~....,.. ... :::x ~
rCOJlt;i~t9i(S_) _____ -_--·---P_h_on_e ____ ~'!.~·~··aclo• I
L __________ _
IWork Descnptoon: Sleet bu ilding fo · garag•. l
L_
rfny :~~~~ Fo~t.ers
Fcundauon Walls
r-
L:_rc.ml ng
lnspedion Scheduling Code
iorywail
Final
135
160
175 +----------
05
ADDITIONAL INSPECTIONS MAY BE REQLIIR E:.D
POST THIS IN CONSPICUOUS PLACE WHEN CO I·JSrRuCTION IS STARTED
For lnspe ctton s Call· 1-888 -868-53fl:, ·
Guffield County
Community Development Department
03t11t2025
Charles Hoge
901 Cottonwood Drive
Golden, CO 80401
Re:24 County Road 138, Parcel#212335200186
Dear Mr. Hoge,
The property in question is in a Planning Process to split the lot into smaller lots. To
allow the process to move fonryard there is to be no code violations on the property.
It has come to light that a permitted residential garage received a Certificate of
Occupancy (CO) on 1010312011. The final inspection indicated that there was no
insulation, no mechanical, no gas, and only a floor drain installed. Since the CO the
garage has been converted to a commercialwelding operation.
To bring this structure into compliance there appears to be two avenues. One is to apply
for a Demolition Permit to bring the building back to the original condition of a residential
garage. The other is to bring the welding shop up to compliance with the commercial
use.
lf chosen to bring the structure into compliance as a welding shop, it is a Change of
Occupancy that requires a Buibing Permit to do so. The Existing Building Code Chapter
10 regulates Changes of Occupancy. A Colorado Licensed Architect is to submit
drawings along with a Building Permit Application with associated drawing including
architectural, mechanical, plumbing, electrical and site plans. There could be structural
drawings if the mezzanine is to stay.
During a site visit there were some obvious code concerns the architect is to take into
consideration. This is not an all-inclusive list, the architect is to address all code related
items.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970)e4s-8212
Some obvious issues
o The welding shop requires an Administrative Review with the Planning
Department. This process is to be completed prior to issuance of a Building
Permit.o Submit a Building Permit Application and drawings to change the Occupancy.
Please see directions in the previous paragraphs.
o A restroom was added, an OWTS Permit is to be applied for with Garfield County
Public Health Department. (Septic Permit)o The new restroom is to be handicapped accessible.o Provide information on the well that it's approved to serve the commercial
operation.o Provide proof of a State Electrical Permit and approval.. The office created is to be handicapped accessible and to be address by the
architect.o lf the mezzanine is to stay, it will need approval from a structural engineer.o An accessible parking spot is required with an accessible route into the building.o Landings are required on the exterior side of the doors.o There is an unlisted forge installed. This will be required to be addressed by a
mechanical engineer during the permitting process.
o There is a coal burning furnace for heat. This will also have to be addressed by a
mechanical engineer during permitting.. Snow guards are required on the roof over the exit doors.
Sin
John Plano
Chief Building Official
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970)94s-82r2
From:Rock Gabossi
To:Heather MacDonald
Subject:Fwd: Canyon Creek partners LLC request for change to industrial zoning
Date:Monday, January 20, 2025 9:50:33 AM
You don't often get email from soprissteel@icloud.com. Learn why this is important
Rocky Gabossi
Begin forwarded message:
From: Rock Gabossi <soprissteel@icloud.com>
Date: January 19, 2025 at 6:54:11 PM MST
To: hmmacdonald@garfield-county.com
Subject: Canyon Creek partners LLC request for change to industrial zoning
Dear Sir, the previous owner of this property built the “Garage “ and used it for a
water jet cutting and fabrication shop in direct violation of county zoning
regulations. I assumed the county would intervene and stop this use. The new
developer owners actually increased the industrial use and fabricated structural
steel and miscellaneous metals. The steel is delivered down at the bottom of road
and is unloaded on roadway that goes into Canyon Creek Storage unit facility. I
do not think the owner of Storage facility is aware of this practice. The steel is
then hauled up to “Garage”. The reason for this method of getting materials up
to the Garage is because steel supplier will not drive truck up the road. The road
was constructed approx. 20 years ago to access ADU at the top of the property.
Road does not meet county requirements for grade, width or structural fill,
compaction or drainage.
Fire Truck could not access garage in the event of a fire.
This would jeopardize all neighboring properties.
All industrial properties are required to have pressurized hydrants available for
fire. These do not exist on this property. Fire Marshall needs to drive
road to property and look at the building and fire hazards.
This is definitely not a property to change to industrial zoning.
The current owners should be required to stop all industrial use on property.
The county needs to look at the “ADU” at the top of property. They are
currently using this as a duplex which violate all county zoning laws for ADU.
In summation the county has neglected to assess what has been going with
land use violations and should deny this request.
Sincerely
Roc Gabossi
From:Rock Gabossi
To:Heather MacDonald
Subject:Industrial zoning
Date:Monday, February 24, 2025 9:44:33 AM
[You don't often get email from soprissteel@icloud.com. Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification ]
Att. Heather, per my initial response to the request for industrial zoning. Road grade, road
width and road construction not adequate for industrial zoning. Road could not be improved to allow for Firetruck
access. Endangering all surrounding properties. Property is currently zoned rural, why would you
drop in industrial zoning in the middle of rural residential properties? Industrial zoning would require
at minimum 50,000 gallons of water storage and pressurized hydrants. Industrial zoning should only be approved in
select areas of the county that have proper roads and proper fire mitigation in place
Thanks Roc Gabossi
From:Denise Sheridan
To:Heather MacDonald
Subject:GAPA-10-24-9042
Date:Thursday, February 6, 2025 9:01:53 PM
You don't often get email from denisesheridan22@gmail.com. Learn why this is important
2-6-25
Heather Macdonald
Community Development Department
Garfield County
Subject: Concerns Regarding File No. GAPA-10-24-9042
To Whom It May Concern:
I am writing to formally express our concerns regarding the Administrative Review
proposed for a Fabrication Metal Working use, for the Hogback View Estates. The
residents currently use the existing dirt access easement on our property, located at 22
County Road 138, to access their homes. While we understand the easement grants
certain rights of access, the possibility of increased traffic and heavy equipment may
lead to several problems, including:
Road Degradation – More frequent use can cause ruts, potholes, and erosion, making
the road difficult or unsafe to traverse, especially in wet conditions.
Drainage and Erosion Issues – Increased wear can alter natural drainage patterns,
leading to water pooling, erosion, and potential damage to our property below.
Increased Maintenance Costs – Property owners may face higher costs for grading,
gravel replenishment, snow removal or other necessary repairs to keep the easement
functional.
I would appreciate clarification on the permitted level of use under the easement
agreement and whether there are any measures available to mitigate these impacts.
Additionally, I would like to understand if there are any restrictions or conditions that
could be applied to manage the increased usage and protect our property.
I would be grateful for your guidance on this matter and any possible solutions to
address these concerns. Please let me know if a site visit or further discussion would be
beneficial.
Thank you for your time and consideration. I look forward to your response.
Best regards,
Denise and Kelly Sheridan