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Home My WebLink About1.1 CorrespondenceBrien and Sharon Wilson 361 East Vista Drive Silt , CO 81652 February 6, 2007 Board of County Commissioners Planning Department 108 8 th Street, suite 401 Garfield County Plaza Building Glenwood Springs, CO 81601 FEB 1 5 2.007 : BUILDING v r •'., To whom it may concern, This letter is in response to the Special Use Permit that 3P Properties LLC and Pine's Stone Company has applied for. It has come to our attention that they are attempting to increase the amount of trucks that come and go daily by at least 50 and that stone production — cutting, moving and packaging will be done around the clock. Due to the location of our property, directly across the street, we must object to the Special Use Permit. The noise level and exhaust from the diesel trucks already limit our enjoyment of the outdoors. Since they begin work early in the morning and end later in the day it limits the times that our windows may be left open or that we can be on our patios. Pine Stone sits in a valley in fact almost at the lowest point of that valley, and as we all know exhaust rises as do sound waves. And since we sit at a higher point than they do all the exhaust and noise comes to us and travels down the valley thus limiting our enjoyment and decreasing our property value. At this time and for these reasons we object to the Special Use Permit that 3P Properties LLC and Pine's Stone Company have applied for. Brien and Sharon Wilson 617 County Road 113 Carbondale, CO 81623 RE t_ VED LEAVENWORTH & KARP, P.C. FEB 1 4 2007 ATTORNEYS AT LAW GARFI =LD COUNTY201 14TH STREET, SUITE 200 LOYAL E. LEAVENI G & PLANNING P. O. DRAWER 2030 SANDER N. KARP JAMES S. NEU KARL J. HANLON MICHAEL J. SAWYER SUSAN W. LAATSCH ANNA S. ITENBERG CASSIA R. FURMAN BETH E. KINNE CASSANDRA L. COLEMAN LAURA M. WASSMUTH CHAD J. LEE By Hand Delivery GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 mjs®lklawfirm.com February 14, 2007 John Martin, Chair Tresi Houpt Larry McCowan Garfield County Board of Commissioners 108 8th Street Glenwood Springs, Colorado 81601 Re: Application of Pine's Stone for Special Use Permit Honorable Commissioners: DENVER OFFICE:* 700 WASHINGTON ST. STE 702 DENVER, COLORADO 80203 Telephone: (303) 825-3995 *(Please direct all correspondence to our Glenwood Springs Office) At the February 12th Board of Commissioners meeting, attorney Richard Daily made a request to delay the public hearing for the Pine's Stone Special Use Permit ("SUP") scheduled for Tuesday, February 20. Mr. Dally made this request together with a neighbor of Pine's Stone, Jim Robinson. For the reasons set forth below, it is important that this Board not delay or reschedule the SUP hearing, but rather recognize that this matter is ripe for consideration and that concerned neighbors have been afforded sufficient notice and time to prepare for the hearing. At the February 20 public hearing, Pine's Stone will introduce evidence that it complied with the public notice provisions of the Garfield County Code. Notice was published more than thirty days in advance of the hearing in the Glenwood Springs Post Independent. Specifically, notice was published on January 17. Also, more than thirty days in advance of the hearing, notice letters were mailed, return receipt, to property owners located within 200 feet of the Pine's Stone property. The return receipts for all of these letters have been returned except for one (mailed to Ava Raymond). Finally, more than thirty days in advance of the hearing, notice of the hearing was posted on the Pine's Stone property facing Cattle Creek Road in conformance with the County Code. In fact, not one but two notice signs were placed on the property in full public view. It is worth noting that both Mr. Dally and Mr. Robinson live on Cattle Creek Road and therefore have presumably driven past these notice signs numerous times since posting. Compliance with the notice provisions in the County Code by an applicant creates a presumption that adequate notice of a public hearing has been given and that adequate time has been provided to interested parties to review a land use application and prepare for the hearing. In the case of Mr. Robinson, he has been on notice of Pine's Stone's intent to apply for a new SUP since LEAVENWORTH & KARP, P.C. Page 2 February 14, 2007 at least September 2005. At that time, Pam Pine, Davis Farrar and Lee Leavenworth met with Mr. Robinson and discussed with him the prospect that Pine's Stone would apply for a new SUP in the future (if the outcome of the litigation with the County over traffic counts was not resolved in Pine's Stone's favor). At the meeting, Mr. Robinson detailed his concerns with Pine's Stone and ultimately expressed the opinion that he was opposed to the operation of Pine's Stone at its current location and that he would oppose a new SUP. Despite this fact, as a result of the meeting with Mr. Robinson, the current SUP application contains limitations or mitigation measures directly responding to Mr. Robinson's concerns. It is worth noting that I was contacted on February 6 and asked to voluntarily have the meeting continued. At that time, Pine's Stone offered to meet with Mr. Daily and Mr. Robinson (and others) prior to the February 20 SUP hearing to discuss perceived mitigation needs. All Pine's Stone asked for was a list of issues to be discussed and ideas as to how the issues can be resolved consistent with Pine's Stone's SUP application. Pine's Stone was informed that it would not be possible to provide either an issues list or mitigation suggestions. Based on this response, and the outcome of the September 2005 meeting with Mr. Robinson, Pine's Stone can only surmise that the purpose of the requested delay is not to engage in constructive dialogue with Pine's Stone, but rather to further string out the process. Finally, the Board should not delay the February 20 SUP public hearing because it will frustrate the public participation process. As previously discussed, the SUP public hearing has been noticed for February 20 for well over a month. Interested parties other than Mr. Dally and Mr. Robinson are apt to show up based on the notice. These interested parties likely have taken time off work to attend the February 20 hearing. If the hearing is postponed, these citizens will be turned away. Also, Pine's Stone has also arranged to have its two consultants (traffic and sound) drive from Denver to Glenwood Springs for the February 20 public hearing. If the hearing is continued, the consultants will have traveled to Glenwood Springs for nothing. More importantly, it is unclear when both of Pine's Stone's consultants can coordinate their schedules to be at a public hearing on a subsequent date. Pine's Stone looks forward to presenting its SUP application at the appointed time on February 20. Thank you for your consideration of this matter. Very truly yours, LEAVENWORTH & KARP, P.0 Michael J. Sawyer MJS: cc: Pine's Stone Don DeFord, County Attorney Richard Dally, Esq. sTines-PflileumWMthwpd TECHNICAL MEMORANDUM 0 HANKARI) ENVIRONMENTAL ACOUSTICS AND Vi ssq riox Goxsut rixc PINE'S STONE OUTDOOR SAW MEASUREMENTS PREPARED FOR: PREPARED BY: CC: PROJECT: DATE: Davis Farrar / Western Slope Consulting LLC Jeff Cerjan / Hankard Environmental Inc. Pine's Stone Company Outdoor Saw Measurements February 20, 2007 This memo is being provided in addition to the technical report previously submitted. The purpose of this memo is to document the sound level of the outdoor "wire saw" as suggested by Garfield County Staff. The same procedures and equipment used for the previous measurements were used for these measurements. The wire saw sound was not tonal in nature and could be compared to a typical commercial grade air conditioner unit. Only the wire saw was in operation during these measurements, though other noises were audible including birds and back-up alarms from other non -Pine's Stone equipment to the east. The measurement was paused when vehicles were traveling along Cattle Creek Road and did not influence the measurement results. The sound level of the outdoor dimond wire saw was measured at the east property line (315 feet east of the saw) as shown in Figure 1. The wire saw sound level at the property line ranged from 44 dBA to 46 dBA, which is below both the the daytime noise level limit of 55 dBA and the nighttime noise level limit of 50 dBA. Provided that this wire saw is not located within 50 feet of the property line, this wire saw will not create a noise impact during the day. PINE'S STONE OUTDOOR SAW MEASUREMENTS 1 TECHNICAL MEMORANDUM HANKARD ENVIRONMENTAL Figure 1: Pine's Stone Wire Saw Noise Measurement Location PINES STONE COMPANY HANDHELD SOUND INFORMATION 2 02/20/2007 13:22 9709457962 February 20, 2007 PINE'S STONE COMPANY Chet Garling 1629 Homestead Road Glenwood Springs, CO 81601 Garfield County Commissioners 106 8th Street, #213 Glenwood Springs, CO 81601 PAGE 02/02 To Whom It May Concern: As a 20 -year resident of unincorporated Garfield County I have watched the evolution of the lower Cattle Creek basin area into a commercial zone. I believe Pine's Stone Company which has been at its present location for 14 years is not asking for anything above and beyond what they already were granted in their original Special Use Permit which fits the neighborhoods existing and expanding commercial core. They are a good neighbor and maintain a clean, attractive stone yard. Concerns that have been raised regarding traffic at the corner of Highway 82 and Cattle Creek Road needs to be addressed with all entities that have increased traffic flow in the area. The impact of traffic generated by Pine's Stone Company is minimal. Their business is an asset to the county. Pine's Stone Company provides sates tax revenues to Garfield County and also is a generous contributor to a long list of local charities and non-profit organizations. The majority of their employees own their own homes in Garfield County. This is a company whose employees are able to afford the high-cost of living in Garfield County which is becoming increasingly rare among local businesses. Please approve their Special Use Permit to allow them to continue operating their business at their current location. Sincerely, Chet Garling President -Elect of Junior Achievement of Roaring Fork Valley FROM : JONBURNETT To: .lon Burnet Page 2 of 3 February 16, 2007 FAX NO. : 9709455125 Feb. 16 2007 05:18PM P1 2007.82.17 OO:oO::77 (GMT) Pines Stone Company From. PINES STONE Jon Burnett Cattle Creek Builders, LLC P. 0. Box Carbondale, CO 81623 Garfield County Commissioners 106 81i Street, 11213 Glenwood Springs, CO 81001 To Whom It May Concern: My name is Jon Burnett and live at 0596 Cattle Creek Road which adjoins Pine's Stone Company southern property line. I would like to go on record in support of their business operation and state that I appreciate their efforts to better define the terms and conditions of their special use permit. Pine's Stone maintains good relations with their neighbors and operates a well- run, professional stone yard. Their business does not have an adverse effect on my home or my quality of life. Access to my home is via a driveway that borders Pine's western property line and I do not experience problems due to their traffic. Thank you. Sincerely, on Burnett F—t'P-16-2007 FRI 05:31 PM GMA—FbMIIY_PRACTICE 0 PA1 °4X:9709458782 02/16/2007 10:02 970945 2 PINE'S STONE 00i., 1NY BRUCE LIPPMAN SR., M.D. 105 'Virginia Road Glenwood Springs, CO 81601 February 16, 2007 To Whom It May Concern: I own property up Cattle Creek Road and drive that road often. The traffic at Pine's Stone has never bothered me in any way. In fact, I rather enjoy seeing what's happening at the stone yard! Bruce Lippman, Sr., M.D. P. 002 PAGE 02/02 Neal Pollack 3266 Cattle Creek Rd. Carbondale, CO 81623 970-945-6039 19 February 2007 Re: Pine's Stone Company Garfield County Commissioners, I have lived on Cattle Creek for almost 20 years and have known the Pines for almost that long. They have always been positively and actively involved in the community and are known for their support and contributions in many areas. Nothing they have ever done personally or commercially has ever been to the detriment of the community. I travel Cattle Creek Rd. on a daily basis, sometimes several times a day, and have NEVER been endangered or inconvenienced by the minimal truck traffic entering or leaving Pine's stone yard. Furthermore, the yard is neat, clean and quiet with no obtrusive lights at night. Not granting a special use permit would restrict the growth of their business with the consequential effects of: 1. Limiting the amount of tax they would contribute to the county. 2. Limiting the employment opportunities they offer. 3. Limiting the products and services they offer to architects, builders, masons landscapers, and by extension, high end home owners. 4. Limiting the charitable contributions for which they are known throughout the valley. Susan M Riley J. Scott Riley 4878 C.R. 113 Carbondale, CO 81623 February 16, 2007 Garfield County Commissioners 106 8th Street, #213 Glenwood Springs, CO 81601 To Whom It May Concern: My husband and I have been residents of County Road 113 for 18 years and the presence of Pine's Stone Company has absolutely made no impact on our travels on the road. We make at least one trip into Glenwood each day and we have never been stopped or even slowed down by any traffic moving in our out of the business. Sincerely, Susan M. Riley and J. Scott Riley NOBLE DESIGN STUDIO LANDSCAPE ARCHITECTS February 15t", 2007 Garfield County Commissioners 108 8t" Street, #213 Glenwood Springs, CO 81601 Dear Board of County Commissioners, Noble Design Studio supports the request by Pine's Stone for a Special Use Permit to continue operating their existing wholesale stone yard on Cattle Creek Road. The use of this property for a stone yard is compatible with the surrounding land uses. The lower Cattle Creek Road area has historically been, and continues to be, used for light industrial and commercial purposes. We are concerned about the continued viability of the landscape industry in this Valley as light industrial space in the County becomes scarcer. As these types of businesses are pushed further from the job sites they serve, the price of materials increases. These price increases are then conveyed to the consumer. It is in the best interest of our design business that material sources remain local and prices remain reasonable. As landsce Pine's Stone architects , we to beconvenient nven entprojects pla a ton view the stone productsfind we are specifying in our projects. It is also convenient for our clients to go there and view stone samples. We have found that having a high quality stone supplier in the Valley saves our clients time and money over purchasing stone from suppliers located outside the area. Your decision regarding Pine's Stone may affect many other businesses in the Valley and it is our hope that you take this into account when considering the Pine's Stone Special Use Permit. Thank you for your consideration in this matter, Noble Design Studio ttllA Louis ilsher, ASIA 19351 HWY 82 - CARBONDALE, COLORADO 81623 - 970.963.7027 VTIN RIVER Tlir,FES Garfield County Commissioners 108 8th Street #213 Glenwood Springs, CO 81601 Honorable Garfield County Commissioners: We are writing this letter in support of the Special Use Permit application request by Pine's Stone Company to continue their stone yard operations on Cattle Creek Road. Please include us on record of stpporting their business operations. The Pine's have been operating their stone yard out of their current location for the past 15 years izt a clean, organized and professional manner. WindR.iver Trees, LLC has experienced smooth traffic flow in and out of their location. Their friendly staff works hard to address client needs in a timely fashion. This translates to shorter trips and is directly related to the efficiency of our company. They are a pleasure to work with, in large part due to the `family' environment found in the business. Pine's Stone Co. serves the community in more ways than simply providing an excellent product. Their operation brings valuable employment opportunities, tax revenue, and charitable contributions to the Garfield County community. It would be a loss for all of Garfield County and the Roaring Fork Valley if their special use permit was not approved. We urge the Garfield County Commissioners to approve their Special foreUse e Permit to allow them to continue to operate at the current location. Thank y consideration. yan W. Smi WindRiver Trees, LLC 19331 HIGHWAY 82, CARBONDALE, COLORADO 81623 • PH 970.963.0744 • FAX 970.963.9833 MASONRY CORP. 0562 HWY. 133 CARBONDALE, CO 81623 (970)963-6239 FAX (970)963-6248 February 15, 2007 Garfield County Commissioners 108 8`h Street, #213 Glenwood Springs, CO 81601 Honorable Garfield County Commissioners: This letter is to show Western Masonry Corporation's (WMC) support of the Special Use Permit request by Pine's Stone to operate their wholesale stone yard on Cattle Creek Road. WMC has been affiliated with Pine's Stone for the last 15 years and have known the Pines since 1988. Please place WMC on record in writing in support of their business operation. Pine's Stone has been operating their successful business in the current location for 15 years. We, at Western Masonry Corp., fmd Pine's Stone to be a responsible and professionally operated business. For WMC, Pine's Stone serves a very important need for our stone masonry business. If it were not so attractively located, there would be significant impairment of our economic stability. This economic impact would be felt by all masonry contractors who might have to deal with costly freight/shipping issues. The current location allows for the masonry contractor to see the quality of the product prior to purchase. Cattle Creek is an extremely ideal location for up and down the Roaring Fork Valley. We are strongly in support of Pine's Stone's efforts to clarify and better define the terms and conditions of their special use permit to more accurately reflect their long-term business operations. Their continued business operation in this location impacts WMC's long-term operations as well. We do not feel that their operation adversely effects traffic on County Road 113 or the intersection of Highway 82. There never appears to be a traffic -related issue with their location and we have significant interaction on a daily basis in their yard. The flow in and out of their yard has very little, if any, congestion. The layout of their yard and access to that location is easy and non -cluttered. Parking for subcontractors is never an issue. The Pine's Stone "family" is a great bunch of locals who take pride in their company. All employees are a pleasure to work with and always very professional. We can always count on the quality of their product, which, in our business, is extremely important. They are very customer -oriented and concerned with being fair with their business. Pine's Stone makes significant contributions back to the community through their support of community and charitable organizations. It is a privilege to be affiliated with this premier organization! We urge the Garfield County Commissioners to approve their Special Use Permit to allow them to continue to operate in the current location. Thank you for your consideration. Si erely, Darrell Alexander, Owner CRS MASONRY . O. Bar `- :' February 8, 2007 Garfield County Commissioners TO WHOM IT MAY CONCERN: I am writing this letter in regards to PINE STONE COMPANY'S good standing within the community. I have dealt with PINE STONE as a business owner since starting my business 12 years ago, and have used them as an example of how to model my business. They always are working to please their customers, be fair to their suppliers, and be a understanding neighbor to the home owners and businesses around them. I have never experienced excessive noise or dust from their operation and traffic in and out of their yard has flowed smoothly with little congestion. Personally I've known the Pines family for almost 20 years. They have always been involved in the community, concerned with the affairs of region, and helpful to whom ever needed a hand. I don't know of any finer examples of the kind of people that make this valley the great place to call home. Thank you for your time. Sincerely, Clyde Christianson i 11( // i v, February 16, 2007 To Whom It May Concern, My name is Chris Lanci and I drive bus #19 for RE -1 School District. My route takes me by the Pines Stone Company every weekday morning. I drive only the morning route and go there around 7:05 am. As of this time I have never experienced any problems with vehicles entering or leaving Pines Stone Company. Sincerely, C. i t,c., Chris Lanci 02/20/07 11:36 FAX 9709274027 RUDD CONSTRUCTION a002 WAYNE RUDD 132 PARK AVENUE BASALT CO 81621 970-927-4038 EXT 1 February 20, 2007 Garfield County Commissioners 108 8th Street #213 Glenwood Springs CO 81601 Garfield County Commissioners: I own two parcels of property between Pine's Stone and Highway 82. I support Pine's Stone application for a special use permit. They are an asset to the county and should be supported by the commissioners. The traffic they generate on Cattle Creek Road is very minimal and of no impact. Their central location in the valley decreases number of trips and miles driven on Highway 82 versus any alternative down valley I-70 corridor location. Please approve their permit. Sincerely,/et ieti.ec.j Wayne a Rudd Feb 21 2007 11:50AM PRECISIOMMECHFMICRLIMC February 8, 2007 Garfield County Commissioners 1088th St#213 Glenwood Springs, CO 81601 970 945 1412 p.2 110 RECISION J 0566 Coun Rood 113 MECHANICAL loc # 495518110792033 Honorable Garfield County Commissioners, We are writing this letter in regards to Pine's Stone yard on Cattle Creek Road. We will be out of town on the date of the Commissioner's hearing and will not be able to attend. We want to go on record in writing in support of their business operation. We are the neighbor immediately to the west of their site. We have been an adjoining property owner for almost 4 years and find Pine's Stone to be a dean professionaty operated business. We have not been adversely impacted by noise, traffic, dust or any other aspect of their business. We support Pine Stone's efforts to clarify & better define the terms and conditions of their special use permit to more accurately reflect their long term business operations. Doug & Patti Moehrie February 9, 2007 Mr. Craig Richardson Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Special Use Permit Application 1'or 3P Properties, LLC & Pine's Stone Company, Inc. Dear Craig: A review has been performed of the documents for the 3P Properties, LLC & Pine's Stone Company, Inc. The package was found to be well organized. The following comments, questions, or concerns were generated: 1. Pollution of surface runoff is not discussed. Ultimately the project would drain to Cattle Creek with the potential for storm water to carry silts and sediments offsite. Existing drainage patterns should be addressed and whether or not any improvements are warranted. RESPONSE. No changes are proposed to the existing site grading. The operation has existed for 15 years with the same grading/drainage configuration. Surface runoff has not been an issue on or off-site. Large areas of the property are not hard surfaced and allow adequate percolation of runoff across the site. The average distance of the property from Cattle Creek is 376 feet and the closest point of the property to the Creek is 341 feet. The area between Pine's Stone and Cattle Creek consists of grassy pasture land that naturally serves to filter any silts or sediments. Fuel storage on the site is located inside a containment vessel that will capture any fuel spills. The site is maintained free and clean of any oil or other pollutants. The operation consists of a wholesale sales stone yard. Materials on site are larger size stone and rocks that are not subject to being carried across or off the site by storm water. 2. There appears to be adequate provisions for sewer and water as the special use permit is currently proposed. However, the adequacy of the existing sewer and water systems for future building remodel or new building construction is not discussed. If approved, a condition should be placed requiring proof of an adequate legal and physical supply of water as well as adequate provisions for sanitary sewer service for any future remodel or new building construction. RESPONSE. The applicant would agree to this approval condition. Feel free to call if you have any questions or if any of the above needs further clarification. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE RECEIVED FEB 1 2 2007 February 9, 2007 GARFIELU COUNTY BUILDING & PLANNING Mr. Craig Richardson Garfield County Planning 108 8`" Street, Suite 401 Glenwood Springs, CO 81601 4� MOUNTAIN CROSS Y/ ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Special Use Permit Application for 3P Properties, LLC & Pine's Stone Company, Inc. Dear Craig: A review has been performed of the documents for the 3P Properties, LLC & Pine's Stone Company, Inc. The package was found to be well organized. The following comments, questions, or concerns were generated: 1. Pollution of surface runoff is not discussed. Ultimately the project would drain to Cattle Creek with the potential for storm water to carry silts and sediments offsite. Existing drainage patterns should be addressed and whether or not any improvements are warranted. 2. There appears to be adequate provisions for sewer and water as the special use permit is currently proposed. However, the adequacy of the existing sewer and water systems for future building remodel or new building construction is not discussed. If approved, a condition should be placed requiring proof of an adequate legal and physical supply of water as well as adequate provisions for sanitary sewer service for any future remodel or new building construction Feel free to call if you have any questions or if any of the above needs further clarification. Sincerely, Mountaii'Cross Eng i1nefring, Inc. is Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com February 9, 2007 FIRE • EMS • RESCUE Craig Richardson Garfield County Building & Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Pine's Stone, Special Use Permit Dear Craig: 3 I have reviewed the special use application for the Pine's Stone Facility. Access for fire apparatus is adequate within the facility. Water for fire protection is currently provided by fire department water shuttle. The existing masonry and wood frame building has previously been involved with fire. Water supplies were adequate for that incident. Any future new buildings will require a re-evaluation of fire protection water supplies. Please contact me if you have any questions or if I may be of any assistance. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: January 19, 2007 Comments Due: February 9, 2007 Name of application: Pine's stone Company SUP Sent to: Garfield County Road & Bridge Dept. Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Craig Richardson 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this request with the following comments. After conferring with the District 1 Foreman, Bobby Branham it was agreed that the current access meets the need for the expansion. The traffic study is acceptable as well as the noise level study. It will be the responsibility of the owner of the property or business to maintain a stop sign in good visible condition and meeting the guidelines set forth in the MUTCD (Manual on Uniform Traffic Control Devises) for size and location at the entrance to Cr. 113 (Cattle Creek Road). Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date January 23, 2007 Revised 3/30/00 BUILDING & PLANNING DEPARTMENT December 15, 2006 Davis Farrar Western Slope Consulting LLC 0165 Basalt Mt. Drive Carbondale, CO 81623 RE: Special Use Permit for Pine's Stone Company Inc. Dear Mr. Farrar, This office is in receipt of the Special Use Permit request you have submitted on the behalf of Pine's Stone Company Inc. This letter is to inform you that the application has been deemed technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution. Staff has scheduled the request to be heard by the Board of County Commissioners (the Board) on January 8, 2007 at 1:15 p.m. only to determine if they wish to refer the matter to the County Planning and Zoning Commission (the Commission) for a recommendation. Should the Board recommend the Commission hear the matter, this office will set the schedule for that public hearing and provide you the necessary guidance regarding proper public notification. Should the Board move to hear the matter directly, this office will schedule that public hearing and provide you the necessary guidance regarding proper public notification. This public meeting will be held at the Garfield County Plaza Building in the Commissioners Room on the first floor. The address is 108 8th Street, Glenwood Springs, Colorado 81601. Do not hesitate to contact this office in the event you have any questions. Best regards, Craig Richardson Senior Planner 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 WESTERN SLOPE CONSULTING LLC January 3, 2007 Chairman John Martin Garfield County Commissioners 108 8th St. Suite 213 Glenwood Springs, CO 81601 Honorable Chairman Martin and Garfield County Commissioners: I am writing on behalf of Pine's Stone about the special use permit application that is scheduled before the Commissioners on Monday January 8, 2007. This item has been scheduled by the planning staff to determine if the matter should be referred to the Planning Commission. We would like to request that the application be reviewed by the County Commissioners and !tot be referred to the Planning Commission. While we respect the work that the Commission does for the Board by offering recommendations on new land use applications, it is our opinion that their review of this application would not be an effective use of their limited time or serve a useful public benefit. The Pine's Stone special use permit is not a request for a new land use, but instead is an application intended to clarify the terms of the existing special use permit. The land -use decision was made almost 15 years ago by the Commissioners with Resolution 92-078. This land use is not changing. Therefore, the Planning Commission is not being asked to exercise its function in vetting the appropriateness of a land use at a specific location. Rather, it is the role of the Board of County Commissioners to review potential impacts associated with a special use and approve conditions for the use. As you know, Garfield County does not have a special use permit amendment process and the only method by which an existing special use can be modified is through submission of a new special use application. This new application seeks to clarify and quantify items that were not well addressed in the original approval resolution. The items in the new application include specification of the maximum number of daily vehicle roundtrips for all vehicles to/from the site. The original permit, as interpreted by the Court, only addressed "trucks" and did not address other vehicles (i.e., employee vehicles). The applicant also seeks to better clarify hours of operation, definition of indoor operations and similar items. Some of these issues have been subject to interpretation and have been a source of problems for the Commissioners, staff, Pine's Stone and the neighbors. It is our intent to better quantify the operating conditions for Pine's Stone in the new application so that all parties are clear on the teens and conditions of the permit. In support of the new permit, Pine's Stone has completed a detailed traffic analysis on County Rd. 113 that addresses existing and future traffic volumes from the business. The traffic study demonstrates that the number of current and future vehicle trips associated with Pine's Stone minimally impact County Rd. 113. Also, a sound study was completed for the operation to evaluate generated sound to insure that decibel levels conform to the standards in the Colorado Revised Statutes. Additionally, Pine's Stone has modified site equipment with the installation of mufflers and white sound backup warning devices on forklifts to minimize sound volumes on and - 2 - January 3, 2007 off-site. The issues of traffic and noise have been identified as concerns of the neighbors. It is our opinion that the new studies conducted in association with the new special use permit application demonstrates that site traffic and sound do not create adverse conditions in the neighborhood. Finally, consideration of our application by the County Commissioners will be made at a noticed public hearing to which adjacent property owners will be mailed certified return receipt notice, public notice will be placed in the newspaper and the date of the hearing will be posted on the property. We believe that all concerned parties will be offered ample opportunity to review the application and present comments to the Commissioners during the public hearing process. We look forward to meeting with you on Monday January 8th to discuss scheduling of this application before the Board of County Conunissioners. Sincerely, 1 As Davis Farrar Project Planner 0165 BASALT MT DR • CARBONDALE, COLORADO • 81623 PHONE: 970-963-7172 • FAX: 970-963-7172 March 2, 2007 Davis Farrar Western Slope Consulting LLC 0165 Basalt Mt. Drive Carbondale, CO 81623 Garfield County BUILDING & PLANNING DEPARTMENT l'ine's Stone Special Use Permit Application Dear M r. Farrar: As you are aware, the Board of County Commissioners approved your clients request for a Special Use Permit to allow "Processing, Storage and Material Handling of Natural Resources" with the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless altered by the Board; 2. Business hours of outdoor operation: 7:00 a.m. to 5:30 p.m., Monday thru Friday and 8:00 a.m. to 1:00 p.m. on Saturday; 3. Unlimited operation hours shall only apply to administrative activities conducted indoors and unmanned operation of indoor Architectural Stone Fabrication saws. Manned operation of the indoor saws will be restricted to hours of outdoor operation; 4. A maximum number of 75 daily round trips, Monday through Friday and 20 daily round trips on Saturday, shall be allowed and apply to all vehicles associated with this use including employees, wholesale customers, stone delivery and all other operation activities; 5. No retail sales shall be permitted, wholesale sales will be allowed under this resolution; 6. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended; 7. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality; 8. Groundwater resources shall be protected at all times. In the event of potential violations with respect to water pollution, the Applicant shall provide proof of compliance with 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Garfield County BUILDING & PLANNING DEPARTMENT applicable Federal, State and County laws, regulations and standards; 9. Food waste that is created shall be housed within a bear -proof garbage receptacle and disposed of accordingly; 10. All deliveries shall be conducted during outdoor operating hours Monday through Saturday; 11. The Applicant shall comply with the Industrial Performance Standards identified in Section 5.03.08 of the Garfield County Zoning Resolution; 12. All lighting shall be directed inward and downward towards the interior of the property; 13. The proposed building envelope may be utilized for uses approved under this resolution; 14. The subject property shall comply with the dimensional requirements defined in Section 3.02 of the Garfield County Zoning Resolution, including without limitation lot coverage; 15. The Applicant shall place and maintain a stop sign at the exit of the property. 16. The Applicant shall provide Garfield County with a drainage plan demonstrating the ability to manage surface run-off from the property so that it does not adversely affect Cattle Creek or adjacent properties prior to the issuance of this Special Use Permit, the plan must be certified by a Registered P.E.; 17. All repairs to equipment shall take place during the designated outdoor operating hours; 18. Storage of flammable fluids will comply with all regulations of the Carbondale Fire Protection District; 19. Prior to the issuance of any new building permits the Applicant shall provide written approval of the Carbondale & Rural Fire Protection District's ability to provide fire protection for the proposed use. 20. This Special Use Permit shall not be issued until all conditions of approval have been met. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Garfield County BUILDING & PLANNING DEPARTMENT 21. Should the Colorado Department of Transportation (CDOT) find that the increase of traffic generated by this operation requires a state highway access permit, it will be responsibility of the Applicant to comply with all requirements and complete any improvements deemed necessary by CDOT as a result of this use. 22. Any violations of the terms, interpretations or agreements made or represented to Garfield County by the Applicant pertaining to or included in this special use permit, shall be considered a breach of the terms of conditions, further the Applicant shall cease and desist all activities which may result in a revocation of the special use permit, until the 'issue is remedied. Please note, now that the Board has made a decision regarding the Special Use request, Staff will provide you with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. Please feel free to contact this office if you have any questions regarding these requirements. Best regards, (;)Z4Le5, Craig Richardson, Garfield County Senior Planner Cc: Michael J. Sawyer, Leavenworth & Karp, P.C. Carolyn Dahlgren, Assistant Garfield County Attorney Fred Jarman, Director, Garfield County Building and Planning Department 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470