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HomeMy WebLinkAbout2.01 BOCC Minutes 09.08.2008of credit that is 6- months beyond so that is customary toils way ilia VI/Wawa. Commisisoner McCown —I would amend motion to include a 3'u condition, that as of February of this year, this SIA would not be enforced unless there is a new financial agreement in place. Now it's official. David said as it is written, 1 think we would be in default anyway but 1 have no problem with that. Commissioner Houpt seconded the amended, motion. In favor: Houpt — aye McCown — aye Martin - aye CONSIDER, A REFERRAL TO PLANNING COMMISSION FOR A SPECIAL USE PERMIT FOR A CONTRACTORS YARD IN THE ARRD ZONE DISTRICT. APPLICANTS ARE DANIEL AND MARK GARDNER OF D & M GARDNER EXCAVATION. — DUSTY DUNBAR 376 Dusty Dunbar and Don DeFord were present. The applicants live on a 20 -acre parcel on a County road east of the community of Battlement Mesa. A continuing farmstead, the primary family enterprise however is an excavation business operated by Daniel and Mark Gardner, brothers that live next to one another on Gardner Lane. The Applicants seek a Contractor's Yard on which to park the equipment at their residence. No employees work on -site. The equipment is driven to job sites during the day. If the vehicles / equipment is not stored at the job site, or if it requires minor repairs, it returns to the residence The Applicants propose a Contractor's Yard to bring the property into compliance with the A/R/RD zone requirements. Permission to store heavy equipment on a residential property in the A/R/RD Zone district is by Special Use Permit. The Applicants seek permission to utilize a small portion of their property for parking heavy trucks, trailers and implements, and continue to utilize an existing enclosed garage for storage and minor repair. A metal stockpile provides reserve for welding edges onto graders, minor repair, etc. STAFF RECOMMENDATION Because the proposal is limited in its scope and complexity, staff feels it is appropriate to recommend that the Board direct staff to schedule a public hearing for the Board and not refer the matter to the Planning Commission. A motion was made by Commissioner McCown to schedule this before the Board of County Commissioners. Commissioner Houpt seconded. In favor: Houpt —aye McCown — aye Martin - aye CONSIDER A REQUEST TO VACATE A PORTION ON COUNTY ROAD . (TI -IIS IS A CONTINUED PUBLIC HEARING) APPLICANT IS IRONBRIDGE ROSE LAND & CATTLE, LLP — FRED JARMAN John Neiley on behalf of the applicant, Fred Jarman, Don DeFord and Carolyn Dahlgren were present. Exhibit A - Resoltuion 08 -_, whatever the County Clerk is going to give it which is the Official Resolution that the County Attomey has worked out with the applicant on memorializing the action this Board may lake today. This has come to this Board a number of times and the last time there were some details that needed to be worked out with the Town of Carbondale. Fred Jarman submitted the Resolution concerned with vacating portions of a public road right -of -way otherwise known as portions of County Road 118 that enter into the applicant's property and not the entire portion that crosses the Crystal River and acceptance of new public road right -of -way. This was continued from the July 21 meeting. Don said the record should reflect that he has examined the Resolution and under your procedures for vacating County roads it has met with the approval of my office and the applicant has met the condition of your Resolution on vacating County right -of -ways. So you know immediately before we started the meeting today, Mr. Neiley presented to me a signed deed which is attached as Exhibit B to the form of Resolution. Chairman Martin — And this staff has not received anything from Carbondale either for or against this particular vacation? Fred — No, not in the sense other than the County Attorney has stated. Jahn Neiley — At the last hearing it was postponed to have Carbondale have access to their ditch. Last Friday some changes were suggested and all those were acceptable that 1 forwarded to him, so 1 made the changes and have emailed that document back to him letting him know that it has been modified as they requested. My client actually signed that grant of access easement at the same time and we executed a quit claim deed for the turnaround and I have advised the Town Attorney of that so we're just waiting on them to sign it and as soon as they sign it you'll have it. We've done as much as we could and as far as I understand it, the Town is okay with what we're proposing. 1 assume they have to put it on an agenda and have to get it in front of the Town Council and get is executed. A motion was made by Commissioner McCown to close public hearing. Commissioner Iloupt seconded. In favor: Houpt — aye McCown — aye Martin - aye A motion was made by Commissioner McCown that we approve the Resolution with vacating portions of a public road right -of -way otherwise known as portions of County Road 118 and acceptance of a new public right -of -way which would be the turnaround area I believe that was alluded to earlier and that the chair be authorized to sign the Resolution. Commissioner Iloupt seconded. In favor: Haupt — aye McCown — aye Martin - aye housing on resource lands with the 22 recommenaauuna HHU in favor: Houpt — aye McCown — aye Martin - aye CONSIDER A REQUEST FOR A SPECIAL USE PERMIT FOR A CONTRACTOR'S YARD. �.�.�...� APPLICANTS ARE DANIEL AND MARK GARDNER.— DUSTY DUNBAR Dusty Dunbar, Jacquelyn and Daniel Gardner, applicants, and Mike Sawyer, Levenworth and Carp were present. Deborah determined that the noticing requirements were accurate and timely and advised the Board they were entitled to proceed. Mailing on the notice was for both hearings but, the publications are separate. Chairman Martin swore in the speakers. Dusty entered the following exhibits: Exhibit A — Mail °tit Receipts ; Exhibit 13 - Proof Publication; Exhibit C — Garfield County Zoning Resolution of 1978 as amended; Exhibit D— Staff Report; Exhibit E — Application; Exhibit F — Letter via email from Rob Ferguson, Grand Valley Fire Protection District, dated August 22, 2008. Chairman Martin entered Exhibits A — F into the record. Dusty Dunbar explained: Contractor's Yards are contemplated in this Zone district as a Special Use ( §3.02.03). The intent is to utilize an existing steel garage structure and the area immediately adjacent to it. The structure was built for use as a residential garage structure and used in the past decade to house and service agricultural machinery, materials and equipment, and for the minor repair of vehicles belonging to family. (Major repairs to over -sized or commercial vehicles are performed off -site at appropriate commercial facilities.) The structure is not heated and has a concrete floor: The property is accessed County Road 303 by a privately maintained, gravel - surfaced private driveway. Traffic generated by a standard residence is estimated at 10 vehicle trips per day, from an adjacent driveway. The excavation vehicles are currently stored off-site, but retum occasionally; they are parked overnight in the area designated to be the contractor's yard. No formal traffic analysis was requested or provided with this submittal. Most of the vehicles that will utilize the facility are owned by residents of the parcel (Gardners.) There are no employees working on -site nor vehicle washing that would require sanitary facilities or the handling of waste water. Sanitary facilities are provided in the adjacent residence for the occasional need, or the owner's use. Generally the employees go to the site where the equipment is stored, park their personal vehicles, and drive out from there in the excavation equipment. In the area proposed as the Contractor's Yard, other activities take place including welding and repair of the excavation blades and minor vehicle maintenance. There is a pile of metal stock, mostly serap, from which the operator gathers stock to weld pieces onto blades, etc. The activity area is represented to be less than one acre; storage is to be limited to enclosures and an area to be surrounded by screening. Ongoing storage of vehicles may be required to be screened from view with adequate vegetation or fence. The application must satisfy the requirements set forth in Section 5.03, 5.03.07 and 5.03.08. There will be a minimum of water usage related to the trucks and equipment. Only minor maintenance is generally component replacement and occasional storage of the vehicle on -site. No vehicle washing on -site is proposed, The proposed Contractor's Yard operation will utilize an existing residence for any sanitary or office purposes, and has no other employees working on -site. (They may park on -site but drive the equipment to the jobsite elsewhere.) The existing well and ISDS are adequate for the use described. Staff referred this application to Garfield County Road and Bridge Department (Road and Bridge). Comments from Road & Bridge were included from the applicant as Exhibit E ate application. No additional traffic analysis was deemed necessary. Adjacent uses include residences, residences with accessory agricultural use, residences with personal vehicles for business use (pickup trucks), residences with commercial vehicles and vacant agricultural parcels. The operation of a Contractor's Yard on the subject property is consistent with the existing adjacent uses. There is a minimum of outdoor 1 fighting and no additional lighting is proposed as part of this permit. There is storage of tools and truck supplies inside the garage building. The other equipment on the property is agricultural and personal vehicles, not considered part of this operation. Screening from the west of the garage and north along the road is recommended. Screening could be in the form of an 8' fence or vegetation. A total enclosure of the metal stockpile is required, and that screening is recommended to be in the form of an 8' high solid -board fence. Vegetative screening is recommended for the contractor's yard. Harty of the fuel is used in business vehicles it is recommended that the fuel tanks be located on the contractor's yard site, and include a containment basin to prevent groundwater contamination. There is little or no run -off or water use associated with the vehicle repair and maintenance activity, as washing the vehicles is not permitted and there are no employees continually working on -site to require additional sanitary facilities. Staff recommends periodic treatment of the gravel driveway to reduce dust emissions. The use shall be required to meet the noise standards so as to not compromise the residential character of the neighborhood. The residential / agricultural nature of the neighborhood and adjacent uses would allow for a daytime dbA of 55 (7 am to 7 pm) and 50 dbA at night (7 pm to 7 am). Noise level may exceed the Residential level of 55 daytime by no more than 10 db(A) not to exceed 15 minutes in any one -hour period. Noise generated by the proposed use will need to be demonstrated to be within the parameters for the existing residential neighborhood to comply with State Statute 25 -12 -103. Wildlife is more apt to utilize the open pasture area on the south end of the property because there is less human activity there, and water is available. The use is centered in and adjacent to the shop building, so 440 there would be little disturbance to wildlife. Any native vegetation has long since been removed by agricultural operations of the ranch from which this tract was created. Staff recommends that the Applicant control noxious weeds and minimize disturbance, and the applicant seek advice from the Colorado State Extension Office on `green screening' with vegetation, ifit is to be used instead of the required fence. While this permit is not being sought to attract additional vehicles to the site (the permit is requested to accommodate the occasional storage with no anticipated expansion of the present level of use), there is an effect from heavier vehicles traveling onto the public road from the gravel surfaced private drive. The apron should be surfaced to prevent dragging gravel onto CR 303. The proposed Contractor's Yard is located off County Road 303 on a 20' wide driveway apron, It is the opinion of the Road and Bridge Department that the proposed use will not impact county infrastructure, and has complied with regulations in the past. While the Contractor's Yard area is not separated from the adjacent parcel boundary by a 300 - foot distance, it is separated from all residential structures by that required distance, with the exception of the Applicant's own residence. The operation ofa Contractor's Yard is not expected to impact adjacent uses. Because the use on -site is limited to minor maintenance, limited storage of components and equipment that is adequately screened and enclosed, and the use is proposed to be administrated by conditions set forth by the BOCC in the SUP, staff feels that no additional security or permits are necessary. No sound assessment was performed at time of application. The use shall comply with the noise standards cited in Colorado Revised Statutes (CRS) 25 -12 -103 for the Residential zone. A decibel level is measured at 25 feet from a property line. The residential / agricultural nature of the neighborhood and adjacent uses would allow for a daytime dbA of 55 (7 am to 7 pm) and 50 dbA at night (7 pm to 7 am). Noise level may exceed the Residential level of 55 daytime by no more than 10 db (A) not to exceed 15 minutes in any one -hour period. Any noise generated shall not exceed the levels or time parameters of CRS 25 -12 -103. (2). Because the commercial vehicles are generally stored off -site, the number of trips generated by this operation is comparable to that of normal residential use. All vehicles accessing the site will be licensed and in compliance with County, State and Federal requirements. Comments from Garfield County Road & Bridge include the requirement that 'Any vehicle exceeding Garfield County oversize /overweight limit shall have an oversize /overweight penult issued by Garfield County Road & Bridge Department' Staff has included a recommended condition of approval requiring compliance with all applicable air quality laws and regulations. Because the commercial vehicles are generally stored off - site, there is limited generation of heat, glare, or radiation. Extended engine idling associated with `winter warm -up' is, in fact, dissuaded by diesel engine manufacturers, with an in -tank electric heater preferred to warm the engine fluids. Staff recommends that engine idling be kept at a minimum of 3 minutes to reduce fumes that could be considered a nuisance. Activities such as welding or vehicle repair generate noise, fumes, glare and heat. These activities shall be adequately screened, during hours and in such length that is compatible with the residential character of the neighborhood, and meets the noise requirements of CRS 25 -12 -103. Staff referred this application to Grand Valley Fire Protection District for comment. After reviewing the Special Permit Application and reviewing the previous letter sent to Garfield County dated January 23, 2008 for Daniel & Mark Gardner the Fire District doesn't have any objections to granting the Special Use Permit.. There is storage of flammable or explosive items in this operation; however it is in levels well below the threshold where Federal permitting is required. Staff recommends the applicant be required to have a fire suppression plan and safety equipment available on -site, and work with the fi re protection provider to identify chemicals and flammables to ensure the safety to the fire fighting responders. All storage of flammable or explosive solids or gases, however, shall comply with all applicable laws at the national, state and local levels. Staff recommends requiring the Applicant to utilize the Best Management Practices regarding the storage of this material identified in a Hazardous Materials Spill Containment and Management Plan to be created by the Applicant as part of the conditions of this permit. MSDS (Material Safety Data Sheets) lists that detail each chemical's safe handling, fire suppression methods and recommended disposal should be included in the plan. The records should be stored away from the area where the chemicals are stored. The subject property is visible when traveling on County Road 303. There are few residences on adjacent properties, but limited screening may be required. It is particularly important to screen the metal scrap pile, as it is storage of materials that requires the project to meet the industrial standards. The required solid -board fencing enclosure no less than 8' in height will adequately screen vehicles and materials from view. Staff recommends the applicant also consider how the operation might be screened with a green (vegetative) hedge. Staff recommends requiring the applicant to utilize the Best Management Practices identified in a Hazardous Materials Spill Containment and Management Plan (to be created and submitted by the Applicant) such as storing waste in sealed and labeled containers and promptly cleaning spills. Storage of material that may be transferred off -site shall be conducted indoors. Heavy equipment is generally defined as large and powerful equipment for jobsites, namely earth - moving equipment such as graders, dump trucks, loaders, haulers and trailers. There is occasional heavy equipment storage overnight, but mostly of personal vehicles (pickup trucks). The subject parcel meets the required acreage size for `Heavy Equipment' as it is 20 acres, The property is not located in a platted subdivision. Staff conducted a site visit to the subject property. There are no residential structures closer than 300 feet to the proposed contractor's yard area with the exception of the applicant's own house. This standard pertains to storage of heavy equipment. Vegetative screen to block the site is recommended. Staff recommends solid -board screening of the metal stockpile. A solid -board 8' fence to visually screen whatever components of this use the Board finds the need to screen, and that will be constructed within 3 months of permit. Staff recommends approval of the proposed Special Use Permit allowing a "Contractor's Yard" with the following conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Volume and sound generated shall comply with the standards set forth for residential neighborhoods in the Colorado Revised State Statute 25 -12 -103, and any repair and maintenance activity requiring the 441 use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building, or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 3. The Applicant shall comply with all performance standards identified in §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended, with the exception of 5.03.07 (5) calling for Contractor's Yards to be separated from existing residences by 300 feet, whereby that of the owner /applicant's residence shall be excepted from this requirement. 4. The metal stockpile and parking area shall be adequately screened; the stockpile with a solid -board 8' fence to be completed within 90 days of permit, which shall comply with Garfield County requirements including standards as to setbacks, height and sight distance, and the parking area shall be screened with fence or vegetation. 5. No materials and wastes shall be deposited upon the property in such way that they may be transferred off the property by any reasonably foreseeable natural causes or force. 6. The Applicant shall prepare and submit a Hazardous Materials Spill Containment and Management Plan that utilizes Best Management Practices. 7. Storage of flammable material shall be conducted so as to meet all applicable regulations utilizing the practices identified in the Hazardous Materials Spill Containment and Management Plan and meet all local, County, State and Federal regulations and comply with CRS 30 -20 -105. 8. The applicant shall have safety equipment in place, develop and implement a plan developed with the fire protection service provider to safeguard persons on or near the property. These measures shall include the safety to animals and wildlife. The plan shall be reviewed to the satisfaction of the fire protection service provider prior to the issuance of the Special Use Permit. 9. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway at an acceptable level, no less than once a year. Commissioner Houpt asked about clarification on activity on property; if approved will the equipment still be store offsite except for when equipment is being worked on. Dusty said at present it is satisfied that way; you can make it a condition of approval, but what this application is seeking to do is to have permission to have them on site periodically to be maintained and repaired. That still will require screening in order to have them there occasionally. Commissioner Houpt stated there was a letter that talked about 4 to 6 pine trees. Dusty said one of the early submittal letters from the applicant stated they wanted to install a vegetative screen along the west boundary of the property, and the Board has the discretion to choose either a solid board fence or some sort of fence to an 8' height or vegetation or both. Dusty recommended that the stock pile be enclosed with an 8' solid board fence. Mike Sawyer felt the Gardner's are an example of why the County has a special use provision. The Gardner's have been around for a long time. Daniel and Jackie are working ranchers; they run and operate a working ranching operation. As with many other ranchers they need to supplement their income, and Daniel uses his skills as someone who knows his way around excavation equipment. Mike wanted to answer a few questions that Tresi had with regard to the storage of the equipment, it is the Gardner's intent to continue using an offsite storage location for the bulk of their equipment. They intend to bring the equipment back to work on occasionally. If a piece of equipment is taken out of use for an extended period of time; it maybe parked on the property behind the screening. Generally the equipment goes from site to site and there maybe short periods of time in between job A and job B it goes to this off site location for storage. Daniel stated Mike wasn't even aware of the expenses that are involved in Daniel bringing equipment home. Daniel said he doesn't want to bring equipment home because of the expense. Daniel stated there are a couple of things that stay at the house all the time they are not permitted and they are strictly used for agricultural purposes. Mike said the other item that he didn't think was completely brought out in the staff report is the contractor yard will be used for a car pool staging. That is to say Mr. Gardner's employees do come to the property on a daily basis in their personal vehicles, no heavy equipment. They then commute to the job site in pick -up trucks that Mr. Gardner has. On any given day there may be 4 or 5 cars and pick -ups that come about 7:30 a.m., and will be gone from the property by 5:30 or 6:00 p.m. Daniel re- stated exactly what Mike said about car pooling. Mike stated about screening; the Gardner's have agreed to the screening mitigation plan. Mike asked everyone to look at Exhibit D; a site diagram, Mike stated the Gardner's are planning to put in fencing as well as vegetation screening. Mr. Gardner spoke with his neighbors and they had requested on the property boundary and the boundary with the County road; the screening be vegetative, because it will look nice. Mr. Gardner has agreed to a vegetative screening plan as embodied in this exhibit. The scrap iron pile will sit behind an 8 foot high wooden fence; which is on the interior of the contractor yard area. The contractor yard area, as Dusty indicated, is a minor part of the applicant's property. It sits on about 1 acre or 1 %2 acres out of a 20- acre parcel; it is grdted and graveled and he noted with regards to the conditions, there is really no evidence of any run off or waste being carried off site. Daniel stated it is well graveled with regular production gravel; it is an extremely low traffic area. Mike included letters from neighbors and explained where the neighbors lived. Mr. Tranney submitted a letter that says based on Daniels's honesty and genuine concern with his feelings he has proven as a neighbor he will work with me on any concern or issue that may arise. Mr. Domingis also submitted a letter, stating no problems have risen regarding the use of heavy equipment on the property in the past and does not object to the special use permit. The Gardner's are willing to accept the terms of the staff recommendations with a few exceptions. The first one is the provision that there be an annual dust mitigation treatment, they don't believe there is any evidence that there is fugitive dust problems. The area is well graveled and is traveled at very low speeds; if there is evidence of a dust problem, then that kind of treatment can occur. Right now they do not see a reason to spend $1000.00 on mag chloride for a problem that doesn't exist. The second point or clarification in provision number 6, it mentions a storm water management plan; this is a small operation and again no evidence of any transport of debris or any debris off site, and to the degree there are some stock provisions in terms of best management practices. The applicants are willing to consider implementing those; but they don't believe this rises to the level of an engineered storm water management plan. They want to make sure as a condition of approval it is not interpreted as such. Dusty wanted to add that they are not requiring a full 442 storm water management plan; they are attempting to come up with a different kind of approach to this, hazardous materials, spill control and clean up plan which speaks briefly to carrying things off site. Deborah stated that Dusty has done a good job of stating when the compliance period is; but this one doesn't have a compliance period. Whether it needs to be done before the special use permit is issue or otherwise in the recommendation, she would like it to be clarified. Commissioner Iloupt asked Dusty if she had a time frame in mind; Dusty stated she put in 90 days for the fence. Mike said with one caveat; the applicants are intending to buy trees this fall and get them planted. Another set of trees will be put in, in the spring. Dusty stated they have put in other applications that granting of approval falls outside of the traditional planting season; accommodations can be made and she would be willing to modify the conditions for that. A motion was made by Commissioner McCown to close the public hearing. Commissioner Houpt seconded. In favor: Houpt — aye McCown— aye Martin - aye Commissioner McCown — I make a motion we approve the special use permit allowing a contractors yard with the conditions listed by staff, include in number 4 (addresses screening) he would add the verbiage that planting (May 15, 2009) dates must coincide with growing seasons and could be extended beyond the 90 days allowed for the fence. Adding number 9 that the signs must meet a sign code, if installed, and number 10 this special use pennit will only be valid under the current ownership of the property. Commissioner Houpt seconded. Chairman Martin restated that the last one was understood; if you should sell the property, the special use permit goes away. In favor: Haupt — aye McCown — aye Martin - aye CONSIDER A REQUEST FOR A SPECIAL USE PERMIT FOR A CONTRACTOR'S YARD. APPLICANTS ARE HANK AND KAMRON KRACHT — FRED JARMAN Fred Jarman, Hank and Kamron Kracht and Walter Brown were present. Deborah determined that the noticing requirements were accurate and timely and advised the Board they were entitled to proceed. David McConaughy, 420 7's Street, Glenwood Springs, states that the application, as they read it, includes a private access easement to get to and from this property to County Road 337. The copies of the notice, that he has seen, included no legal description of the private access easement. It crosses at lease 3 other parcels; the owners of those parcels are not listed in the application. In fact two of them have submitted letters of protest to the application. Without some description of that legal private driveway, an indication of whose property all this tnick traffic will be going on, the notice is defective. Commissioner Houpt asked Debbie if there was anything listed on the notice and Chairman Martin stated in the application it does say there is a private drive shared by three. Deborah reviewed the notice and it includes information under the practical description, Deborah read the notice, it does not include a description of the private easement itself; but it does make reference to it. Commissioner Houpt asked Mr. McConaughy if it was his concern that it goes through or over those other properties to access, they would have to go through those properties. David McConaughy stated he has a map that shows it. Hank stated they have an easement down that road and the other easements go across his property too. Commissioner Houpt asked to see the map. Commissioner McCown stated he is confused; before we start taking evidence... Chairman Martin stated we need to see if we are going to open public hearing first. Executive Session — Notice — Legal Advice Commissioner McCown stated he would like a 5 minute executive session for some legal advice and that is in a form of a motion. Commissioner Houpt — Second. In favor: Houpt — aye McCown — aye Martin - aye Chairman Martin asked for a motion to come out of executive session. Commissioner Houpt — So moved. Commissioner McCown — Second. In favor: Houpt — aye McCown — aye Martin - aye Commissioner McCown stated there is no flaw in notice; let us proceed. Commissioner Houpt agreed. — Second. In favor: Houpt — aye McCown — aye Martin — aye Chairman Martin swore in the speakers. Fred entered the following exhibits: Exhibit A — Mail Receipts ; Exhibit B - Proof of Publication; Exhibit C — Garfield County Zoning Resolution of 1978 as amended; Exhibit D — Special Use Permit Application; Exhibit E - Staff Report; Exhibit F - Letter in Opposition from Bart and Lynne turner dated July 7, 2008; Exhibit G — Petition in Favor of the SUP signed by 23 Neighbors dated July 10, 2008; Exhibit H — Letter in Opposition from Becky Wamer dated September 3, 2009; Exhibit 1 — Letter in Opposition front Mary Anderson dated September 3, 2008; Exhibit J — A cover letter with Signatures, Morrisania Mesa Residents and Nearby Residents Letter of Concern and Opposition to the Kracht Land use Application dated July 24, 2008, received in Fred's office today September 8, 2008 and Exhibit K — Letter written by Mary Watson and John Seybold dated September 7, 2008. Chairman Martin entered Exhibits A — K into the record. Fred Jarman explained: REQUEST: The Applicant requests the Board of County Commissioners (the Board) approve a Special Use Permit (SUP) allowing a "Contractor's Yard" on a parcel zoned Agricultural / Residential / Rural Density (ARRD). Contractor's Yards are contemplated in this Zone district as a Special Use ( §3.02.03) and defined in the Zoning Resolution in Section 2.02.1555 as the following: The use of land for the purpose of storing machinery, equipment and supplies for an individual business provides services to clients through the use of machinery, equipment or supplies. Such use may include office and repair facilities. PROJECT DESCRIPTION Hank and Kamron Kracht (pronounced Kraft) own a 9.88 -acre tract on Morrisiana Mesa which has been improved by a single- family dwelling, shop / barn building, Ag. bam, and where the bulk of the property is presently in active agricultural operations (hay -field production / pasturing horses). The Krachts have operated a water hauling business for the last two years at this location which basically consists of operating four small (80 barrel) water trucks used in the oil / gas field hauling water for dust control for various operations. The drivers (up to 8 employees) come to the property early in the morning, leave their personal vehicles and lake the water trucks and return at the end of the day leaving the trucks parked at the property. (From May to September, two of the trucks stay up in the Piceance Creek area. From October to April, two trucks are parked in the shop/ barn.) The Krachts do minimal maintenance (oil change/ tube) at the shop but have the trucks primarily maintained at manufacturer / dealers staying within the terms of the 443