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HomeMy WebLinkAbout1.0 ApplicationTelephone (970) 945 8571 800 229 7238 July 9, 2004 Mark Bean Garfield County Building and Planning 108 - 8th Street Glenwood Springs, Colorado 81601 CALVIN LEE Attorney at Law 811 Blake Avenue Glenwood Springs Colorado 81601 hand delivered re: Pine appeal Dear Mark I represent David James Robinson and Steve Kinney. Fax (970) 945 4981 E -Mail blakelaw @sopris.net It is my understanding that the Pine property has appealed to the Board of Adjustment your determination that their special use permit restricts their vehicle traffic to ten trucks of any type per day. Please consider this letter notice of a my client's request to participate in the hearing before the Board of Adjustment and to present testimony and evidence. Please notify me immediately of the date and time of the hearing. I will be out of the state and unavailable on August 2, 2004 and request that you set the hearing for August 9, 2004 or any Monday thereafter. RECEIVED JUL 0 9 2004 GARFIELD COUNTY BUILDING & PLANNING JUL. 16. 2004 12:O8PM LEAVENWORTH & KARP NO.400 P. 2 LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES 3. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J, SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 lel@Eklawcann.com Carolyn Dahlgren, Esq. Garfield County Attorney's Office 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Re: Carolyn: July 16, 2004 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, SIE. 203 DENVER. COLORADO 80202 Telephone: (303) 823-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Pine's Stone Company Board of AtiustorentAppeal Settlement Proposal As you know, I represent Pine's Stone Company, Inc., which holds a special use permit that was granted by the Board of County Commissioners on August 18, 1992. On their behalf, I filed an appeal dated June 30, 2004 from a determination made by Mark Bean this letter of June 23, 2004. The basis of our appeal is outlined succinctly in our June 3011' letter. I would like to propose a resolution of this appeal. Specifically, I would propose that Pine's Stone Company, as the holder of the special use permit, and the County enter into an agreement that provides that the permit will contain the following clarification on vehicle trips: The Special Use Permit shall limit delivery trucks (of whatever type) making deliveries bringing raw materials to the site or delivery trucks (of whatever type) owned or operated by Pine's Stone Company employees making deliveries to wholesale customers, to an average of ten delivery truck trips per day. For the reasons set forth in my June 30th letter, I believe that was clearly the intent of the applicant's representations, Paul Pine will testify at the Board of Adjustment meeting that was what he said at the hearing held on August 10, 1992, and as reflected in the minutes, Finally, as set forth in my letter, I believe my clients are in compliance with the proposed conditions set forth above. Let me know if you would like to proceed as outlined above. LEL:bs1 cc: Pine's Stone Company, LLC 6+2o0*CInwno2.A.mLV'.ou TDYOn.Ispd Very truly yours, LEAVENWORTH & KARP, P.C. LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH Rt NICOLE D. GARRIMONEg 2004 ANNA S. ITENBERG �VN June 8, 2004 TERESA L.J.MICHAEL SAWYER GPRFIE\" $, P ? 1\1\1`1GEDWARD B. OLSZEWSKI gUall•IG LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 simile: (970) 945-7336 lel@lklawfirm.com ctiv Steve Hackett, Code Enforcement Officer Garfield County Building & Planning Department 108 8`h' Suite 201 Glenwood Springs, CO 81601 Re: Pine's Stone Company, Inc., 0600 County Road 113 Dear Mr. Hackett: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) As you know, I represent Pine's Stone Company and 3p Properties, LLC, the owner of the property at 0600 County Road 113. I am writing to respond to your two letters to my clients (one undated and postmarked April 8, 2004 and the other dated April 29, 2004), alleging zoning code violations. It is our position that the Pine's Stone Company is in full and complete compliance with the special use permit approved by the Board of County Commissioners as Resolution No. 92-078. The primary focus of the complaints that have been received by your office appears to center on the vehicle trips. As you know, the County special use permit does not contain any specific limitation on vehicle trips. Rather, you appear to be relying upon the provision in the special use permits that incorporates representations by the applicant as conditions for approval. The Minutes of the public hearing on the special use permit held on August 10, 1992 make it clear that the applicants were referring to semi truck deliveries to the site. The Minutes state: "The applicants are expecting approximately ten truck trips per day bringing them raw materials to be stacked or loaded and brought back to the retail operation site." It is our position that this representation clearly excludes employee vehicles and wholesale customers' vehicles, and was in reference solely to semi truck delivery. At my request, my clients reviewed their delivery activity for several weeks in May. They believe that this period is representative of their operation. That information, a copy of which is enclosed, is summarized below: 112004\CIimis\Pinc sStona thtasWsckctt-I.xpd // LEAVENWORTH & KARP, P.C. Steve Hackett Garfield County Code Enforcement Officer Page 2 June 8, 2004 Date Semi Deliveries Pine's Stone Total to Site Deliveries Wed. - 5/12 3 6 9 Thurs. - 5/13 1 4.5 5.5 Fri. - 5/14 2 0 2 Sat. - 5/15 2 0 2 Mon. - 5/17 2 2.5 4.5 Tues. - 5/18 2 5 7 Wed. - 5/19 1 3.5 4.5 Thurs. - 5/20 1 4.5 5.5 Fri. - 5/21 1 3 4 As you can see, even if you add in the Pine's Stone deliveries to its wholesale customers (a position we do not think was intended), there is still full compliance with the applicant's representations. In 1992, at the time of the application, Pine's Stone was a very small business with two full time and two part time employees. Originally, my clients thought they would maintain the highway location at the corner of Cattle Creek for retail sales, and use the 0600 County Road 113 property as storage. However, in 1993, the retail location was closed following the receipt from Mark Bean of a letter dated February 4, 1993 making it clear that wholesale sales could occur at the 0600 County Road 113 location. In a letter dated September 21, 1993, he again upheld this interpretation. Please be advised that there are no retail sales that occur at the property. Pine's Stone strictly sells on a wholesale business basis. Wholesale customers do sometimes visit the yard to look at samples, but no retail sales occur. Pine's Stone has approximately 30 customers with whom they do the bulk of their business. Today, the business has ten to twelve full time employees. Certainly there are more cars that come and go from the site due to the increased number of employees. However, employees' cars coming to work and leaving were never intended to be included in the 0 to 10 vehicle trips per day as is clear from the Minutes of the August 10, 1992 hearing. My clients are also in full compliance with the hours of operation set forth in Resolution No. 92-078. Although the application indicated that regular business hours were 8:00 a.m. to 5:30 p.m. Monday through Friday, and a half day on Saturday during the summer, the Resolution, in fact, modified the hours of operation as follows: 1+3004CIi us'incsSlanetd MackW-I.x.d LEAVENWORTH & KARP, P.C. Steve Hackett Garfield County Code Enforcement Officer Page 3 June 8, 2004 All delivery and stacking shall occur Monday through Friday during daylight hours. Delivery of material on the site during the weekends will be limited to minimize the impact of the use on adjacent residential uses." (Emphasis added.) Deliveries on weekends are, in fact, minimal. The change to daylight hours was made specifically by the County Commissioners even though the staff recommended that deliveries be restricted between 8:00 a.m. and 5:00 p.m. (See Minutes of August 10, 1992 hearing.) Currently, my clients have no scheduled business hours on weekends. On a rare occasion, my clients might meet with a wholesale client on a weekend if they are unable to do so during the week. Occasionally, an employee might do maintenance, cleaning, shop, or office work, but, again, weekend use is extremely limited. Garfield County should also be aware of the significant contributions my clients make to the economy of Garfield County. All but one of their employees live in Garfield County, and they all earn far above average wage and receive substantial benefits. Approximately 95% of my client's revenues come from outside the County, bringing significant dollars into the County from outside sources. It is unfortunate that a few of the neighbors have complained. It is also somewhat ironic since one of them operates a business that includes the sale of natural landscape materials, just as my clients do, yet his use is considered a use by right. I trust this letter will resolve the County's concerns about any alleged zoning violations. If I can answer any further questions, please feel free to contact me. LEL:bsl cc: Pine's Stone Company, w/enc. Mark Bean, w/enc. I VCW\Oiems \ Pin ASionct iaMacknu.I.wTd Very truly yours, LEAVENWORTH & KARP, P.C. flflY-24-2UU4 U4:31 Ffl_. $EMI's avard by data P. 02/08 2 05-21-04 1. MONTANA STONE #3761/Stock. 16.74T Pritchard Flag 2" minus. 7.16T Pritchard 1". 05-19-04. KOOTUR-JON ALLEN #369. MSS #314945 25.20-04 1. PSCQD #3815/Stock per Tom. 6P/11.52T P-Farrners chopped. 5P/10.64T D Farmers. 2P/4.1T P -Farmers Chopped Thin. 05- 19-04. STAJDUHAR #17.1443. PSCQD #3496. 05-19-04 1. PSCQD #3784/stock. 25.0T Midway. 05-17-04. 05-18-04. K JOHNSON TRUCKING #KJ1868. PSCQD #3495 2, PSC TO:Renfrow Builders #135. -23.5T BCk 3-5.05-17-04. LES 05-19-04 7 am. [H&H DC PO #3777 -H&H #2107] 05-18-04 1. MASONVILLE STONE #3773/stock. 23.43T: BP Co Buff 2-1/2" to 3". 12T Co Buff 2" minus. 05-17-04. SEAN MEYER #2110, MS #003919 2. H&H DC #3777/Renfrow Builders #135. 12P/24.14T BCk 3-5. 05-17-04. TRINITY TRANSPORTATION-Kujo. Renfrow will then pu frm GWS. H&H #2107 05-17-04 1. BLUE RillBON x786.1/Stock, 24.51T Comanche (Torrey grey) veneer. 05-14-04. SCOTT or MIKE. PS173 2. BLUE RIBBON' 7786-2/Stock. 24.6T Comanche (Torrey grey) strip. 05-14-04. SCOTT or MIKE. PS174 05.15-04 (Sat) 1. PSCQD #b739N'; astern #114. Farmers cap 4" to 8": 4 © 39" x 39". 05-14-04 pm. #3790/Stock. 4F1 . 50T P -Farmers chopped 3" to 4". 6P/12.68 D -Farmers Chopped Buff, #3787/TreJos #142. Midway 2-1/2" to 3" cap: 6OLF/75SF @ 15 x 20. Carol sending a pallet of fine. 05-14-04. STAJDUHAR 17-1441. PSCQD # 2. BANDERA #3709/D&S:Russell Solutions. 1P11,44T%4OLF Bandera Brown 3" chopped edges, #3735-2/McKay/stock. 1 P/1.93T Sawn Worland 9" split Veneer. 2P/3.73T Sawn Wnst 9" spilt. Osage. C.5-14.04. STAJDUHAR 14-1381. BSI #__ 05-14-04 15 x 20 --Joe said that'll work 21 x R/L. 05-14-04. 8P/15.36T McGowan Grey 1 WESTERN STONE LYONS #3727/Calabro:Quadrant #107, Co Red sawn tiles 1" minus. 23 CO 23-1/2 x 23-1/2. 05-14-04. 43797/Stock. 1P Co Red 1", 1P Co Red 1-1/2". 2P Red Strip Lrg 8-12. 2P Red Strip Med 6-8, FIII w/2" red flag and GWS cuts. 05-13-04. ORBPt4 2 PSCQD 43758/block. 7P/11,0T Farmers palletized 2' x 2' x 4" to 8" thick [per Paul). 7P/13.0T Farmers palletized 2 -man [per Tom], 05-13-04 pm. K&K #0326 05-13-04 . 1. BIG HORN/per Tom. 3P 4" to 7" skippers. 4P 6" to 8" cobbles. 05-13-04. CHUCK. BSCI #26353 05-12-04 1. NEW MEXICO TRAVERTINE #F-255/TJ. 3.38T Hillsboro Limestone Block - Bourquet Ledge 15". 1 @ 48 x 100.05-11-04. TRINITY TRANSPORT -Eby Bros #65263. NMT #023916. 2. COLORADO FLAGSTONE #3730/Stock per TJ. Co Buff 2-1/2" to 3": 1 P/200LF ® 8 x RL, 05-11-04. TRINITY -DCS. CFI #13441 3. COLORADO FLAGSTONE #3726/Stock. 8P/12,20T Co Buff 4" thin strip. 4P/7,70T Co Buff 6"-8" medium strip. 1P/1.99T Co Buff 8"-12" heavy strip. Ship w/cap PO 3730. 05-11-04. TRINITY -DCS, CFI #13442 MAY -24-2004 04:32 PM 13,03/08 7:00 AM - 7:30 AM 7:30 AM•8:00AM 8:00 AM - 8:30 AM 8:30 AM - 9:00 AM 9:00 AM - 9:30 AM 6, 10:00 AM- 11:00 AM 11:00 AM • 11130 AM 12:30 PM -LOOPM 7:00 AM -7:30 AM 7:30 AM - 8:30 AM CALABRO MAS • BP COMANCHE 800 S. HAYDEN - ASPEN 8-10AM •** CHUCK I CALABRO MAS. - MOSS BOULDERS & FILL W/STRIP-10-12AM *** ORBEN 1 e & e MAS. - SP SEBASTIAN TAN • ELK SPRINGS - 11 -IPM *** CHUCK / ASPEN TILE - 1PC KS CREME - BASALT YARD 1.3PMC *** CHUCK RICHARD WAX - 8P MIDWAY - PFISTER / TIEHACK 1-3PM *** CHUCK MALEY BLDRS (Don Wllmoth) #25895 **COD** Shllo Lmatn:2LBFI, 3SmFt, 6SmC, 30 trim atones. 'fit 3P/3,455#. 0.527 Midway r snapped: 66.2511 G 6 x RI. -- Stirling Ranch -Lot 6, Mo Hts Up from Catherine Store Rd all the way to top. Take 1st County Rd to right, Go 1/4 to 1/2 mile until road Y's off. Take Y to Maley Construction sign. Go through 2 stone pillars. CHARACTER EUILDERS-/ DENNIS CASTLE -- MIDLAND AVE. �/1 SEE TOM FOR SCHEDULING 8;30 AM - 9:00 AM 9:00 AM- 9:30 AM 9:30 AM - 10:00 AM 10:00 AM - 10:30 AM 10:30.AM - 11:00 AM WESTERN MAS. 7P COLORADO RED PEACE RCN. - FRYING PAN RD. • 8 -SCAM *** CHUCK CHRIS BERRY -1 PAL. ROCKY MNT. BUFF-- 618-8040 CALL FOR MONEY 12-2PM *** CHUCK -- 2909 JUNIPER HILL RD. BINDELLA - COLORADO BUFF CUTS - OLD SNOWMASS 12-2PM In CHUCK FRYING PAN BUILDERS • IP COLO RED - SST LEFT AFTER BRIDGE - 12-2PM *** CHUCK WESTERN MAS - 30 ANDERSON LN. • SMV 3P BEAR CREEK MOSS 12-2PM *** CHUCK MTN TROWELL MAS. - SP FAR CHOP/7P FAR IRREG - BRECKENRIDGE 12-2PM In ORBEN MAYNE BLOCK PICK UP - 2PSIN/2P6IN/1PFIRE/1P121N/1P1OIN • DOTSERO 1-3PM *** ORBEN 11:00 AM - 11:30 AM OCHOA MAS. - 7P CREEK ROCK - EL JEBEL - 376-0962 2.4PM *** CHUCK 1 i._. +.�1. i;';i L:IiL pI11lIL�'i,Li �r:ii9•:I VI, ��4111111 :!' 4Y :4Yi1:,Wt�w... a(i,�eaN�•. iw1(ia:x.xn•xn1Y}IN ^, IYY.ni4ieJ.IA.i:/ 'J- ins •ulw'ifti4'INiI Klil'f� nUl f4^4.:: �ayp,,y+' yJy+ 19jliYMl"'!Y}I''1�{�Y`✓IFWII ofllrlx 111:iu:lYrSw'4ii�!�hYY: xJ�xi iAlli 1:{uy:��pg11[. �y. Ylay.lju�l nliii!il�ii �Y1��iNw: MD t!. li M •1.: ,-.-•,TY . !!1.. .Y1wgpn yy aA.• ..f ..n p...+i i.l.. n•.Ae..N.:.: �i..,.�l.r o.m�l."•., u5 T!hu,�!�:;a4NIi .KF:0.:. M,.. �J� n; rt. ":111w""d:.nyn"iy r6'y',e:Iglbr.0yw n+� Rl'F' :N •6ri ann2:a.'S ':�:i1:7(:�u.:'9`.Si,ni .14...Lk.X.u� his; „ blma�'' : n.„•prv:x� RI Ann . a � kii X. . �'ert'!M 'btili n•l�!.ti9411 $3.01 a,l'Ii x e: o,�}:.�IX.•1.,:'.:1 l q F.- an,. l„Y.n i w,n6x'NLl lun ,+� "� ”{i �LT'n i;1T 1x . 'tr ...x} i-Ii...na4xly}px.iy'4i•.i 1- ka.".:�'"i�r�1L'prt..,�u4X,.k�J•.NYA:'.,ini �''a`:Y 'qffji+��:; i��"'°.'r Y.V•.MQ�NM!+!Nniu.°elil'L•�ti.:l4•goy,gani ��:ilYn:{��'1ay111i�{pn�1:4a.xY�,.f..L:'.:1�::.:�..,•..n.,.;.�.iIlyd;li: y.e,I d�w'n9bk'!A� 7:00 AM- 7:30 AM 7:30 AM - 8:00 A14 Torn Betts D & S RUSSELL SOLUTIONS - 4P EACH PRITCHARD GREY & RUST - 8-9AM*** ORBEN HEUSCHKEL - 4P GREY OSAGE / 1P GREY OSAGE SPECIAL CUT - CARBONDALE 7.8AM •** CHUCK i /2. 1 5/24/04 MAY -24-2004 04:32 PM 8:00 AM - 8:30 AM 8:30 AM - 9:00 AM 9:00 AM - 9:30 AM (0 9:30 AM- 10:00 AM 10:00 AM- 10:30 AM 10:30 AM - 11:00 AM 12:00 PM- 12:30 PM P. 04/08 ' rr)i! ofi , .. I' �� IPti�iija ie�a ei: �I Fd.i4 I fel al 9 IiFn'�la � �6�Iv �i'Jk���.� SJ. I, Spy f m.r1.'.':I II.i79:Ja Yi��j��Y111 �11.�et�A:ti �gi to !AAr CHARACTER BUILDERS - 2P COMANCHE BUILDERS • MIDLAND AVE - GLENWOOD 7.8AM ***- CHUCK ELITE LANDSCAPE - MOSS BOULDERS - BLUE HERRON LN • CARBONDALE 11-1PM an ORBEN ELITE LANDSCAPE - COLORADO BUFF FLAG - BLUE HERRON - CARBONDALE 12-2PM *** ORBEN ELITE LANDSCAPE - COLORADO BUFF FLAG - BLUE HERRON - CARBONDALE 1-3PM *** ORBEN MOZIAN & ASSOC - 2P MIDWAY SUNMAND JOB - ASPEN GLEN 1.3PM *** ORBEN MOZIAN & ASSOC - MOSS BOULDERS SUNDMAND JOB - ASPEN GLEN 2-4PM *** ORBEN SCHEDULE FULL 7:00AM-730AM 7:30 AM - 8:00 AM 8:00 AM -B:30 AM 9:00 AM - 10:00 AM 0:09 AM- 10:90 AM 10:30 AM- 11:00 AM 11:00 AM - 12:00 PM DON TALBERT • 1P FARM CHOPPED - EVERGREEN 8.10AM an ORBEN WHITE CONST. GROUP - BP LAVENDER CUTS - DENVER 9-11AM *•• ORBEN JOHN FOSTER - ‘ CHESAPEAK / IP MOSS RIVER ROCK 1--4PM *** ORBEN LONE PINE CONSTRUCTION. CO Buff 2-1/2" chopped hearth: 1 0 22 x 48, 1 Q 22 x 36. ANYTIME THIS WK 8-10AM • ** CHUCK -- 20 DEER LN, SMS VLG D & 5 CONST. - MILLER STALEY IP BANDERA BROWN - BONITA ASPEN 8.10AM *se CHUCK BENSEN DESIGN - LOT 9 THE PINES SP AFARMERS CHOPPED • ASPEN 8-10AM *** CHUCK DAVID & CYNDA ADAMSON 984-0747 or 945.2840. ••COD•• IP MED -SIZE RIVER ROCK •- 614 S. WILDHORSE. CASTLE VALLEY RANCH 12:00 PM -12:30 PM PICK UP 0 BIGHORN STONE - P 6-8COBBLE/3P4.7 PANCAKE 11-1PM *•* CHUCK 12:30 PM - 1:00 PM GATEWAY CONS. 1P RIVER ROCK - NEW CASTLE 11-1PM an CHUCK 1:00 PM - 1:30 PM 305E RASCON - 3P WEST SLOPE MOSS LOT 4 - TWO CREEKS - 2-4PM *** CHUCK 1:30 PM - 2:00 PM SALENTINE • 2P COMANCHE 2-4IN ASPEN SHOWROOM 2-4PM *** CHUCK 3:00 PM - 3:30 P14 SEE TOM FOR ADDITIONAL DELIVERIES Tom Betts 2 } 1 5/24/04 MAY -24-2004 04:33 PM taij 7:00 AM - 7:30 AM 8:00 AM - 9:00 AM ,il ir��uu' f,iiJL 1 '�"rF xu !„ihll�il,I. P. 05/08 S WESTERN STONE - PICK UP FLAG & STRIP - LYONS IIZ tR ofiil TkI N Ilsvldew �,Iil MARTIN COONEY, 7278 LOWER RIVER RD, 2P KS CREME SCRAP CUTS, maybe KS Creme heal/ends 909-2774 8•l0am *•• chuck „Av9:00 AM - 9:30 AM QUALITY - 4P COLORADO BUFF 0336 w.tlehack - ASPEN 8-10AM *** CHUCK 9:30 AM - 10:00 AM RESORT BUILDERS -1000 MILL ST. 4P COMANCHE ASPEN • 2-4PM •** CHUCK 1 10:00 AM - 10:30 AM RESORT BUILDERS - LOT 27 FIVE TREES 4P SUNSET,SP PFAR,IP SWEST FAR 2-4PM *** CHUCIK 12:30. PM - 1:00 PM SEE TOM FOR ADDITIONAL DELIVERIES Tom Betts 3 5/24/04 MAY -24-2004 04:33 PM 7:30 AM - 8:00 AM 8:00 AM - 8:30 AM 8:30 AM - 9:00 AM 9:00 AM - 9:30 AM P.06/08 b GOTHIC STONE - CRESTED BUTTE • SEBASTIAN CUTS 9-12AM ••* ORBEN BECKWITH BUILDERS - CRESTED BUTTE • 3P MIDWAY CUTS 9-12AM ••• ORBEN ROCKY MTN TREES - CRESTED BUTTE - LP MIDWAY/2P GSEB/6P RIVER RK 9-12AM *** ORBEN CRESTED BUTTE BUILDERS - 1P MIDWAY 1114 MINUS 9-12AM *** ORBEN CHUCK MCGINNES - CRESTED BUTTE - 349-1530 LP PENN BLUE 9.12AM *** ORBEN `\.\ 9;30 AM - 10:00 AM ED CHANDLER - SAMPLES TO CRESTED BUTTE - SCHIST, YORKSHIRE 9.12AM in ORBEN 10:00 AM - 10:30 AM CHUCK CHRISTIE - PICK UP ® MONTROSE 1-4PM *e* ORBEN 11:00 AM - 11:30 AM HARRY MAYER - 379 2780 SPRING PARK CT. 11:30 AM - 12:00 PM 8 & B MITCHELL CREEK 7P MOSS MISC 100T - W. GLENW00D an CHUCK 12:00 PM - 12:30 PM KANAN CONSTRUCTION. IP ROCKY MTN BUFF (tapped). Chris 948-1796 -- 0076 DIVIDE RD, SMS 4:00 PM- 4:30 PM 8:00 AM- 8:30 AM TRINITY - DOVE CREEK PICK UP 7 D WESTER MAS. - 8P COMANCHE 2-4IN MORRISON 8.10AM *** CHUCK Mrstliedelittriti 1 8:30 AM - 9:00 AM 30HN OATES - 2114-6 R.R. COBBLES / 1114-7 FLATS 1214 WOODY CREEK 9-11AM **• ORBEN 9:00 AM - 10:00 AM CASTLETON MAB.- IEA. E.DESERT STRIP,E.DESERT BLOCKY,IRON MTN GREY LEDGE,IRON GREY LO.BLOCK WATSON DIVIDE 9.11AM •** ORBEN 10:00 AM - 10:30 AM 6, 10:30 AM - 11:00 AM 11:00 AM r 11:30 AM 11:30 AM - 12:00 PM 12:00 PM- 12:30 PM 12:30 PM - 1:00 P14 1:00 PM - 1:30 PM RICHMOND DEV - 1P COLORADO BUFF - 229 MCSKIMMING - ASPEN 12-2PM C.O.D.*** CHUCK TIMBERLINE - 6P FRONTIER - 901 WATER ST. • ASPEN 12.2PM C.O.D.*** CHUCK KANAN CONST - 1P ROCKY MTN BUFF 0769 DIVIDE - ASPEN 2-4PM *** CHUCK ROCKY MTN MAS. - IP BINCH / 400 6INCH STILLWATER AVE. - ASPEN 2-4PM In CHUCK KLINE BROS • SASLOVE RES. 0015 PLACER LN. - 4P FARMERS - ASPEN I-4PM •** ORBEN ROBIN RIGGS - 1216 OWL CREEK SP CBUFF STAIN STRIP 210 CBUFF FLAG - ASPEN 2-4PM **• MIEN RICHMOND DEVELOP - 8 MILES UP E. DIVIDE CREEK - I z Tom Betts 1 5/24/04 MAY -24-2004 04:34 PM P. 07/08 7 1:30 PM- 2:00 PM MCKAY BUILDERS - IP WORLAND SAWN / 2PCS WORLAND CUTS - ASPEN GLEN 5-6PM '4. 8:00 AM • 8:30 AM 8:30 AM -9:00 AM 9:00 AM - 9:30 AM 9:30 AM - 10:00 AM BRENNAN MAS. - 7P WINTERSET - EDWARDS 8-9AM *** CHUCK 3 50:00 AM ••10:30 AM 10:30 AM- 11:00 AM 11:00 AM -11:30414 11:30 AM- 12:00 PM 1:00 PM- 1:30 PM ASH - WHITE 3P LAVENDER CUTS - DENVER ••• ORBEN WESTERN STONE - 2P FARMERS/2P GREY LYONS •" ORBEN MIKE CHECK - 8P USED BRICK - COMMERCE CITY 948-0874 PICK UP *•• ORBEN ISAACS NAS. - 3P COLORADO RED 0192 HAYSTACK JACOBS RES - OLD SNOWMASS 10-12AM *** CLINE CREEK - 4P BITTER0OT / LAZY 0 RANCH-10.12AM **• CHUCK DENSER DESIGN • 7P AFARMERS CHOPPED - LOT 4 THE PINES 1-3PM ••• CHUCK FRYING PAN - IP COLO RED 11/2INCH MINUS • OLD SNOWMASS 1.3PM •** CHUCK SEE TOM FOR ADDITIONAL DELIVERIES 7:00 AM - 7:30 AM 8:00 AM - 8:30 AM ORBEN TO DENVER - ALL DAY CALABRO - 3P ROCKY MTN FLAG - . - ASPEN 8-10AM *** CHUCK -- 995 KING ST, ASPEN 8:30 AM - 9:00 AM CALABRO -10 EL DORADO SMALL BOXES - 611 S.WEST END 5T. - ASPEN 8.10AM ••e CHUCK \1/9:00 AM - 9:30 AM JOHN KELLEY, 0444 GLEN EAGLE DR, ASPEN • IP CO RED, 1 PC MIDWAY 9-11AM *** CHUCK 9:30 AM - 10:40 t:M WESTERN MAS, • 000 RES. 4P FAR SAN 8015 180 EXIBITION LN. - ASPEN 8 -LOAM '•' JIM 10:00 AM • 10:30 AM RESORT BUILDERS • 3P WEST SLOPE MOSS LOT 4 FIVE TREES 8-10AM ••• JIM 11:30 AM - 12:00 PM MACKIE ELECTRONICS - 130 GLEN DEE SP CHESAPEAK -ASPEN 12100 PM - 12:10 P14 KUNE BROS. - 2P EA. 12:30 PM • 1:00 P14 ROBIN RIGGS / KEITH LONG - IP FARMERS 1:00 PM - 2:00 PM CAPITAL MAS. - TARMERS 1 pALLETS - 2p mOSS rOCK 2 P Colo Red - Demos - The Pines • Piastres Road Tom Detts 2 S/24/04 MAY -24-2004 04:34 PM P. 08/08 2:30 PM -`! 00 PM 3:30 PM- 4:00 PM MTN TROWELL MAS. - O SCHEDULE FULL / SEE TOM 7:00 AM- 7:30 AM 7:30 AM - 8:00 AM 8:00 AM- 0:30 AM MOUNTAIN TROWELL - BRECKENRIDGE - 13P WFARMERS STRIP LEDGE 9.11AM *** ORBEN SURFACE SOLLUTIONS -123 RIDGE RD. - iP SILVER QUARTZ/SP COLO RED - BASALT 8-10 "CHUCK HARRY MAYER - SPRING PARK CT. - 4P 8IN/1P BINKO / 20 PCS SIN HALES - MISSOURI HOTS 8.10*** 5 9:00 AM • 0:30 AM QUALITY STONE - IP FARMERS -151 HERRON HOLLOW - ASPEN 10-12AM *** CHUCK 9:30 AM • 7.0:00 A.! CALABRO CONST. - 3P ROCKY MTN BUFF - 955 KING ST. - ASPEN 10-12AM *** CHUCK 10:30 A14 - 11:10 AM RANDY MORLEY - 2P MIDWAY 0511 PINION PTS 11:00 AM -11:30 AM NATHEN MOFFET - 945 5846 / 379 9545 JOE 3P COLRADO RED 12:00 PM - 12:30 PM MIKE CHECK - 948-7743 BRIAN - BP USED BRICK — 2:00 PM -.2:30 PM AU. DELIVERIES SCHEDULE THRU TOM Tom Betts 3 5/24/04 06/0.4,/2004 15:14 FAX 970 945 4981 June 4, 2004 Garfield County Commissioners 108 - 8th Street Room 213 Glenwood Springs, Colorado 81601 Don DeFord Garfield County Attorney Room 219 108 - 8th Street Glenwood Springs, Colorado 81601. 811 BLAKE LAW OFFICES 2n001/001 Dear Commissioners and County Attorney: We are Garfield County residents who live on Cattle Creek Road. We are concerned about the lack of zoning enforcement by your building and planning department. Some of us have made complaints about the activities carried on by the Pine Stone property and the Raymond property on. Cattle Creek Road. The building and planning department acknowledges -that the Raymond property is operating in violation of the zoning regulations but repeatedly lets the violation slide, stating that the Raymonds are in the process of submitting a request for zone change. It is our understanding that. the Raymond property has submitted several incomplete applications. Legally. the Raymond property can not continue on a day to day basis violating the zoning regulations, The building and planning department is bending over backwards to accommodate one land owner to the detriment of our safety, peace and quiet. It is our request that the building and planning department take whatever adrninatrative or legal. action necessary to stop the zoning violation. Concerning the Pine Stone property, it is operating in excess of the conditions limiting its operation in its special use permit. It is our understanding that the building and planning department accepts the argument by Pine Stone,that since the special use permit only addresses the use of ten material trucks per day, and therefore, if all kinds of other vehicles are going in and out of the property, it is okay. This is tortured logic. Once again, our safety, peace and quiet are being compromised. It seems that the building and planning department accepts whatever explanation is given it without asking hard questions. For example, if Pine Stone admits that there is increased vehicle traffic, what is the purpose of this traffic if it is not to bring in materials. Please take action in this matter as well. Sincerely, Asti ' rn 4621./RJt_ 4--Do�9lcss ; Coves 91/5--- 0715" y5+-©7,Sf Crz )r3___. 1)6`i (tit! Pd 1 /3 9Ag,t4 v 9(5 C� -F4 rR L ((3 i 5--.J6`Z0 /00a c,C /i.3 Cid4 %""--7C z D ac'i3° Priliia t " G ---� - 7 gea., 14. 9/t att. // 3 9V6-5-0/ KM A8/v.5bay/ o,7r2...cvc. 1.13 918 8 300 MILDRED ALSDORF, County Clerk & Recorder I, MILDRED ALSDORF, GARFIELD COUNTY CLERK & RECORDER, DO HEREBY CERTIFY THAT THIS IS A TRUE AND COMPLETE RECORD OF THE PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING MINUTES FOR A PUBLIC HEARING TO CONSIDER A REQUEST FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD ONE-HALF (%) MILE OF HIGHWAY EIGHTY-TWO (82), GLENWOOD SPRINGS, COLORADO, FOR PINE STONE COMPANY — PAM AND PAUL PINE, DATED AUGUST 10, 1992. LDRED ALSDORF, GARFIELD COUNTY CLERK & RECORDER 109 8th Street, Suite 200, Glenwood Springs, CO 81601-3362 • (970) 945-2377, ext 1820 • Fax: (970) 947-1078 TRANSCRIPT OF THE PROCEEDINGS OF TI -IE GARFIELD COUNTY BOARD OF COMMISSIONERS AUGUST 10, 1992 PUBLIC HEARING - PINE STONE COMPANY, APPLICANTS - PAM AND PAUL PINE TRANSCRIPT BY: MARIAN CLAYTON, ADMINISTRATIVE SECRETARY TO THE CLERK & RECORDER MILDRED ALSDORF GARFIELD COUNTY BOARD OF COMMISSIONERS COMMISSIONER CHAIR - ARNOLD MACKLEY - ABSENT COMMISSIONER CHAIR PRO -TEM - ELMER C. (BUCKEY) ARBANEY COMMISSIONER - MARIAN SMITH ELECTED OFFICIALS AND ADMINISTRATIVE STAFF GARFIELD COUNTY CLERK & RECORDER - MILDRED ALSDORF GARFIELD COUNTY ATTORNEY - DON DEFORD - ABSENT GARFIELD COUNTY ASSISTANT ATTORNEY - SHERRY CALOIA - ABSENT GARFIELD COUNTY SENIOR PLANNER - DAVE MICHAELSON APPLICANTS: PINE STONE COMPANY PAUL AND PAM PINE, OWNERS ONE-HALF(1.1)MILE UP CATTLE CREEK AND HIGHWAY EIGHT -TWO (82) GLENWOOD SPRINGS, CO 81601 970-945-2940 IN ORDER OF APPEARANCE PAM PINE, APPLICANT PAUL PINE, APPLICANT AL HERRING, PROPERTY OWNER ADDRESS UNKNOWN IN 1992 TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. PRO -TEM CHAIRMAN ARBANEY - THIS IS A HEARING FOR A STORAGE OF NATURAL RESOURCES LOCATED ON CATTLE CREEK ROAD ONE-HALF (1/2) MILE NORTH OF HIGHWAY EIGHTY-TWO (82), APPLICANT PINE STONE COMPANY, COME FORWARD PLEASE. I HAVE TO SWEAR EVERYBODY IN. COMMISSIONER SMITH - UH HUH, PUBLIC HEARING, IT IS A PUBLIC HEARING ISN'T IT? DAVE MICHAELSON - YES, IT IS. PRO -TEM CHAIRMAN ARBANEY - EVERYBODY WISHING TO SPEAK, DO YOU PROMISE TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH. AUDIENCE AND APPLICANT - I DO. DAVE MICHAELSON - MRS. PINE, DID YOU BRING YOUR NOTICE IN? PAM PINE - YES I DID. DAVE MICHAELSON - I GUESS I GET TO PLAY LAWYER NOW. PRO -TEM CHAIRMAN ARBANEY - YES, YOU DO. COMMISSIONER SMITH - YES, YOU CAN BE THE ATTORNEY. [DISCUSSION REGARDING THE NOTICE AND SEVERAL TALKING WHILE THE APPLICANT IS LOOKING FOR THE PAPER.]. PAM PINE - I'M SORRY, WHICH PIECE IS THAT? DAVE MICHAELSON - THE RETURNED RECEIPTS. PAM PINE - OH, THE GREEN ONES. THERE'S THAT. 1 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD''/ MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. DAVE MICHAELSON - AND HOW DID YOU DETERMINE THE PROPERTY OWNERS? PAM PINE - I WENT UP TO THE ASSESSOR'S OFFICE AND LOOKED IT UP ON THE COMPUTER, IT WAS FUN, INTERESTING. COMMISSIONER SMITH -NOBODY ELSE HAS EVER TOLD US THAT; THEY ALWAYS TELL US THEY JUST GO THE ASSESSOR'S OFFICE. PAM PINE - DAVE JUST TOLD US TO GO TO THE ASSESSOR'S OFFICE, WE KNOW OUR NEIGHBORS. DAVE MICHAELSON - YEAH, I DON'T THINK THAT'S A PROBLEM. THEY SENT IT TO AT LEAST ONE OTHER PROPERTY OWNER IN CONNECTICUT AND THEY HAVEN'T RECEIVED A RETURNED RECEIPT BUT THEY DO HAVE PROOF THAT IT WAS MAILED ALSO, FOR THE RECORD, I WENT AND DOULBE CHECKED THEIR NOTICING AND THEY HIT EVERY PROPERTY OWNER; I THINK YOU ALSO NOTICED ONE THAT WASN'T ... PAM PINE - YEAH, MAYBE C F DAVE MICHAELSON - BEYOND THE CALL OF DUTY. PAM PINE - YES. DAVE MICHAELSON - FOR THE RECORD I'D LIKE TO INTRODUCE TWO (2) RETURNED RECEIPTS AND LEGAL NOTICE AS EXHIBIT A; EXHIBIT B WOULD BE THE APPLICATION; AND EXHIBIT C WOULD BE THE STAFF REPORT. PRO -TEM CHAIRMAN ARBANEY - FOR THE RECORD, I HAVE A THROUGH C EXHIBITS; I'LL ENTER THEM INTO THE RECORD PLEASE. 2 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD %: MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. DAVE MICHAELSON - MR. CHAIRMAN, THIS IS A SPECIAL USE PERMIT TO ALLOW FOR A PROCESSING, STORAGE OF MATERIAL HANDLING OF NATURAL RESOURCES, APPLICANT, PINE STONE YARD. THE SITE THEY'RE PROPOSING IS NOT THEIR PRESENT RETAIL SITE, IT'S A FOUR (4) ACRE SITE, APPROXIMATELY AND ONE-HALF (1/2) MILE FROM THEIR EXISTING RETAIL SITE. THE PROPERTY ITSELF IS OWNED BY MR. HERRING, ALBERT HERRING WHO IS ALSO HERE. ',INCLUDED A LETTER IN THE STAFF REPORT THAT INDICATES HIS CONSENT WITH THE PINE'S APPLYING FOR A SPECIAL USE PERMIT. THE SITE ITSELF IS ABOUT THREE HUNDRED (3OO')FEET AWAYFROM THE CATTLE CREEK DRAINAGE, IT'S A-- GENTLY SLOPING SITE, IT'S UNDEVELOPED, THERE'S SEVERAL PIECES OF AGRICULATURAL EQUIPMENT ON THE SITE NOW, THE PINE'S HAVE AGREED TO REMOVE FROM THE SITE, IF THEY'RE GRANTED THEIR SPECIAL USE PERMIT. I REVIEWED THE FLOOD INSURANCE RATE MAPS FOR THAT PORTION OF CATTLE CREEK, IT'S IDENTIFIED AS ZONE C, WHICH IS AN AREA OF MINIMAL FLOODING, I THINK IT'S IMPORTANT TO NOTE THERE'S ANOTHER PIECE OF PROPERTY WITHIN THE REGULATED FLOODPLAIN. THERE ARE SEVERAL ADJACENT RESIDENTIAL USES NEXT TO THIS SITE; I INDICATED THOSE ON A LAND USE MAP, WHICH I INCLUDED IN THE PACKET. BECAUSE THAT MAP IS A LITTLE TOUGH TO SEE ON THIS SCALE, I'VE ALSO INCLUDED THE ADJACENT ZONING AND LOCATED THE PINE'S PROPOSED SITE FOR THE STORAGE ON A MUCH BIGGER SCALE. THE RESIDENCES, I HAD NO CONTRACT WITH ANY OF THE RESIDENCES, I WAS SURPRISED, USUALLY IN A SITUATION LIKE THIS, YOU'LL DEFINITELY HEAR BECAUSE THEY'RE RIGHT NEXT DOOR. I HEARD NOTHING FROM THEM, THE PINE'S HAVE SPOKEN TO THEM AND I THINK THEY CAN ADDRESS THAT. MY 3 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD 'A MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. UNDERSTANDING IS THAT THERE DOESN'T APPEAR TO BE ANY OPPOSION TO WHAT THEY'RE PROPOSING. WHAT THEY'RE REQUESTING IS ESSENTIALLY A PERMIT TO STORE, ESSENTIALLY SURPLUS ROCK AND NATURAL RESOURCE MATERIAL, SIMILAR TO WHAT THEY HAVE ON THEIR SITE IN CATTLE CREEK. IN ALL FAIRNESS TO THE PINE'S, I'VE SEEN A LOT OF STORAGE FACILITIES FOR ROCKS, THEY HAVE AN INCREDIBLE AMOUNT OF MASS OUT THERE AND I THINK THEY'VE DONE A GREAT JOB, IT'S BALED AND I'D SAY N FOUR FOOT (4') SQUARE BALES, IT'S VERY ORDERLY, I THINK UH, AND I THINK WE CAN EXPECT THAT IF THIS SPECIAL USE PERMIT IS GRANTED ..... COMMISSIONER SMITH - HOLD IT, PLEASE WAIT, [PAPERS RATTLING - LOOKING AT A MAP] DAVE MICHAELSON - A PRIMIARY CONSIDERATION WITH ANY PERMIT LIKE THIS AS WE'VE DEALT WITH TIME AND TIME AGAIN, THE COMPATIBLE, IN THEIR APPLICATION, UH, THE PINE'S HAVE PROPOSED TO MITIGATING FACTORS THEY'D BE WILLING TO DO ON THE SITE TO TRY AND LIMIT THE IMPACT TO THE RESIDENTIAL USES NEXT DOOR. FIRST OF ALL THEY'VE PROPOSED A BERM ON THE SOUTH SIDE OF THE PROPERTY, WHICH I THINK THAT STAFF RECOMMENDS THAT THAT IS A REALLY GOOD IDEA AND I THINK IT SHOULD BE A CONDITION OF APPROVAL. SECONDLY THE APPLICANT IS PROPOSING TO PLANT SOME SCREENING TREES ALONG CATTLE CREEK, WHICH I THINK ALSO WILL UH ... COMMISSIONER SMITH - You MEAN IN THE ROAD? DAVE MICHAELSON - RIGHT. UH, I THINK, ALTHROUGH THEY DIDN'T GIVE ME A SPECIES LIST OR ANYTHING LIKE THAT, I THINK THE PLANTING WOULD BE DEFINITELY 4 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD'/: MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. BEYOND THE CALL OF DUTY AND I THINK IT WOULD BE A REAL GOOD IDEA. IN TERMS OF TRAFFIC GENERATION, THE APPLICANT'S ARE EXPECTING tPPROXIMATELY TEN (10) TRIPS A DAY, THESE ARE ESSENTIALLY TRUCK TRIPS BRINGNG RAW MATERIALS IN TO BE STACKED, OR I IMAGINE THEY'D BE BROUGHT BACK TO THE RETAIL SITE FURTHER IN THE VALLEY. IN TERMS OF THE RECOMMENDATIONS, I WOULD LIKE TO UH EDIT A COUPLE OF THESE, I SPOKE TO THE PINES RIGHT BEFORE THE HEARING. THEY HAVE AGREED THAT NO CUTTING AND SHAPING WOULD BE, OCCUR ON THAT SITE, I THINK THAT'S A REALLY GOOD RECOMMENDATION. THEY WOULD LIKE TO RESERVE THE RIGHT IN THE FUTURE; THEY MAY BUILD A STRUCTURE OUT THERE. I THINK THAT THE TIME THE STRUCTURE, IF IN FACT IS PLACED OUT THERE, I DON'T SEE ANY PROBLEM WITH PROCESSING OR CHIPPING THAT STUFF IN AN ENCLOSED STRUCTURE BUT I THINK WITH THE RESIDENTS NEXT DOOR IT MAY BE A PROBLEM NOW AND I THINK THEY'VE AGREED TO THAT RESTRICTION. ON NUMBER THREE (3) I NEED A RECOMMENDATION FOR DELIVERNG AND STACKING TO OCCUR ON MONDAY THROUGH FRIDAY ONLY BETWEEN EIGHT (8) AND FIVE (5) AND THEN I MADE A VERY CRIPTIC SENTENCE AFTER THAT THAT SAYS, "DELIVERY OR TRANSFER OF NATURAL RESOURCES MAY OCCUR DURING THE WEEKENDS, BUT ONLY DURING DAYLIGHT HOURS". WHAT I WOULD SUGGEST THE COMMISSIONER ENTERTAIN IS THAT UH, I THINK IT IS IMPORTANT TO MNIMIZE THE AMOUNT OF TRAFFIC ON THE WEEKENDS ONLY BECAUSE THAT'S THE TIME THOSE RESIDENTS ARE GOING TO BE THERE THE MOST AND I WOULD SUSPECT THAT THE TRAFFIC COUNTS ON CATTLE CREEK ARE INCREMENTALLY HIGHER ON THE WEEKENDS AND I THINK THE STONES, OR THE PINES WOULD DEFINITELY ENTERTAIN 5 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE. CREEK ROAD ''/z MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. THAT SINCE WE'RE RESTRICTING THEM ON THE WEEKENDS FOR THE NUMBER OF TRIPS. NUMBER FIVE (5) - SINCE WE ADDRESSED THIS, THE APPLICANT'S WILLINGNESS TO BUILD A BERM, WHEN I SAID A LANDSCAPING PLAN, I THINK ALL I REALLY EXPECT IS SORT OF WHAT KIND OF TREES THEY'RE GOING TO PLANT OUT THERE AND IF THEY WERE GOING TO HAVE THE INTENDED SCREENING EFFECT. ONE, (I), NUMBER SIX (6) THERE'S A , ON THE PROPERTY THERE'S - THE ADJACENT PROPERTY HAS A DRIVEWAY EASEMENT THAT ESSENTIALLY COMES IN THROUGH THEIR DRIVEWAY AND ACCESSES THIS SITE; UH I HAD SOME CONCERNS ABOUT HOW THAT WOULD HANDLE TRUCK TRAFFIC. THE APPLICANTS HAVE AGREED TO UH NOT USE THAT ADJACENT UN EASEMENT AND ESSENTIALLY CONTRUCT A NEW DRIVEWAY OFF CATTLE CREEK SO I WOULD SUGGEST NUMBER SIX (6) BE DELETED AND INSTEAD READ THAT UH, "THE APPLICANTS WILL OBTAIN A DRIVEWAY PERMIT FROM ROAD AND BRIDGE PRIOR UH, TO CONSTRUCTION OF THAT DRIVEWAY. WITH THAT I'D LIKE TO, I KNOW THE PINES HAVE A FEW THINGS TO SAY. SO THAT CONCLUDES THE STAFF COMMENTS. PRO -TEM CHAIRMAN ARBANEY - MR. PINE. PAUL PINE - I GUESS I WOULD LIKE TO COMMENT, WE HAVE HEARD FROM SOME OF THE SURROUNGING PROPERTY OWNERS AND WHAT THEY SAID WAS VIRTAULLY POSITIVE. WE HAD THE KIRKS OUT BY AND PAM PINE - MR. RAYMOND, PAUL PINE -DARWIN RAYMOND STOPPED BY AND THEY WERE POSITIVE, YOU KNOW, SOUNDS LIKE A GOOD IDEA, GLAD TO HEAR YOU'RE MOVING UP HERE. SO THAT 6 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD Y2 MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. WAS ALL WE GOT AS FEEDBACK, AND OF COURSE AL OWNS MORE PROPERTY AROUND THERE, AL HERRING WAS FOR IT TOO. UH, THE ONLY PROBLEMS WE HAVE I GUESS WITH THE RECOMMENDATIONS, OUR CUTTING AND SHAPING IS SO MINIMAL, UH, WE HATE TO BE PRECLUDED I GUESS BECAUSE THE CUTTER WE HAVE IS LIKE A GULETINE CUTTER WHICH IS A HYDRALIC, PAM PINE - As BIG AS THIS TABLE. PAUL PINE - IT'S NO BIGGER THAN THIS TABLE, AND WE DO IT MORE AS A COURTESY TO OUR CUSTOMER JUST TO CUT A HEARTH OR SOMETHING FOR IMMEDIATE USE AND I'D HATE NOT TO BE ABLE TO USE THAT JUST BECAUSE WE DON'T HAVE A BUILDING YET, I MEAN, AS FAR AS NOISE OR DUST OR ANYTHING ELSE, IT DOESN'T AMOUNT TO THAT MUCH, BUT UH, PAM PINE - IT'S NOT LIKE A ROCK CRUSHER OR ANYTHING. PAUL PINE - WE'RE NOT TALKING MAKING GRAVEL, WE'RE TALKING ABOUT CUTTING A FEW HEARTHS AND STUFF LIKE THAT, IT'S A REAL SMALL PIECE OF EQUIPMENT. AND WE'LL EVENTUALLY GET A BUILDING, I MEAN THAT'S OUR PLAN, AND THEN I HOPE I'M NOT BELABORING A POINT, BUT AS FAR AS WE CAN SEE IN THE FUTURE WE PLAN TO STAY WHERE WE ARE FOR OUR MAIN BUSINESS, HOWEVER, IF AL SHOULD SELL THAT PROPERTY WHERE WE ARE, UH, WHICH HE DOESN'T EVEN HAVE IT FOR SALE, SO THAT'S MOOT AT THIS POINT BUT WE WOULD END UP DOING OUR SELLING AND EVERYTHING ELSE OUT OF THIS SITE ON CATTLE CREEK, UP THE ROAD IF IT CAME TO THAT AND THAT COULD BE NEARER AND IT COULD BE THREE (3), FOUR (4) OR FIVE (5) YEARS FROM NOW, I 7 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD % MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. DON'T KNOW. I WOULDN'T WANT TO BE PRECLUDED FROM MAKING SALES AT THAT SITE. IT WOULD MAKE IT.. . COMIVIISSIONER SMITH - Do YOU OWN THE SITE ON UP THE ROAD OR DOES AL OWN THAT TOO? PAUL PINE -HE OWNS IT RIGHT NOW; WE'LL BUY IT FROM HIM IF WE GET THE SPECIAL USE PERMIT. WE DON'T OWN THE LAND WE'RE ON RIGHT NOW. COMMISSIONER SMITH - No, NO THAT'S WHAT I WAS THINKING. PAM PINE - WE HAVE A FIVE (5) YEAR LEASE; AL'S GOING TO RENEW A FIVE (5) YEAR LEASE. PAUL PINE - YES. PAM PINE - THIS, THIS, AND THE HIGHWAY FRONTAGE IS IMPORTANT TO US SO WE'LL NEVER WANT TO LEAVE IT IF WE DON'T HAVE TO. AND THE THING ABOUT, WE'RE LOOKING AT BECOMING A WHOLESALE OPERATION, RATHER OTHER THAN A RETAIL. PAUL PINE - WE REFER TO IT AS RETAIL BUT NINETY PERCENT (90%) OF OUR SALES ARE WHOLESALE, COMMISSIONER SMITH - YEAH, TO CONTRACTORS, YEAH PAUL PINE - TO CONTRACTORS AND BUILDERS, SO, ACTUALLY THE NUMBER OF CARS AND STUFF COMING IN AND OUT OF THERE IS PRETTY MINIMAL. PAM PINE -YEAH, AND WHEN WE SAY TEN (10) TRIPS A DAY, UN I WOULD GUESS IN REALITY NOW JUST AS A STORAGE YARD, IF WE MAKE BETWEEN TWO (2) AND (4) TRIPS A DAY AND I'M SURE THERE'LL BE SOME WINTER DAYS THAT WILL NOT HAVE TRACKS 8 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD 'A MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE te TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. IN THE fSNOW. UH, AND I THINK EVEN IF THE WHOLE OPERATION WERE TO EVER BE THERE, U I JUST DON'T SEE THAT IT WOULD BE.... PAUL PINE — PUBLIC SALES GETS LESS AND LESS IMPORTANT. PAM PINE — YEAH; SO WE HAVE A FEW PEOPLE WITH THEIR PICK—UPS COMING.IN TO ORDER STUFF AND ON AN AVERAGE DAY I GUESS THERE'S ONE (1) BIG TRUCK IN A WEEK AND OURS ROLES IN TWO (2), THREE (3) OR FOUR (4) TIMES A DAY. I DON'T THINK THE TRUCK TRAFFIC, I MEAN FOR AS MUCH AS WE WATCH ON THE ROAD GOING IN •AND OUT TO JY WE'D EVER BE ANYTHING MORE THAN ABOUT WHAT THEY DO. a PAUL PINE — YEAH. I THINK .... PAM PINE —WELL, BASICALLY WHAT WE ARE LOOKING FOR RIGHT NOW IS A STORAGE FACILITY, WE'VE OUT GROWN OURSELVES (BOTH TALKING). PAUL PINE — YEAH, WE WOULDN'T WANT TO BE PRECLUDED FROM HAVING SALES THERE IN THE FUTURE, EVEN THROUGH WE'RE NOT ASKING FOR THAT AND WHEN WE INQUIRED ABOUT IT BEFORE, WE UNDERSTOOD THAT UH PROCESSING, STORAGE AND HANDLING INCLUDED SALES OR COULD, IT WAS NOT PRECLUDED. SO I DIDN'T WANT TO BE CONFUSED... THEY? COMMISSIONER SMITH — YEAH, PAUL PINE — ...ON WHAT YOU MEAN EITHER WAY. COMMISSIONER SMITH — DAVE, THEY COULD SELL THERE COULDN'T 9 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD % MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY — PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. DAVE MICHAELSON - UN, THEY COULD IF THAT INTERPRETATION IS CORRECT; THIS SPECIAL USE PERMIT WILL ALLOW THEM FOR SALES. I GUESS MY CONCERN IS THAT THE USE BY RIGHT IN THE A/R/RD INCLUDES RETAIL ESTABLISHMENT FACLITIES, GOODS PROCESSED FROM RAW MATERIALS PRODUCED ON THE LOT WHICH IS A LITTLE DIFFERENT THAN ... CHAIRMAN SMITH - WHAT DO YOU CALL RAW MATERIAL HANDLING AS A NATURAL RESOURCE? DAVE MICHAELSON - WHAT THEY WERE, I THINK THEY WERE, I THINK WE ALL HAVE SOME PROBLEMS WITH HOW THIS IS WORDED ..... CHAIRMAN SMITH - THE WORDING, YES. DAVE MICHAELSON - BUT UNDER THE CIRCUMSTANCES OF WHAT YOU'RE DESCRIBING I THINK THIS IS REALLY GETTING AROUND UH IS WHAT YOU'RE DESCRIBING BRINGING MATERIALS IN AND OUT FROM A SATALLITE FACILITY. IN ALL FAIRNESS TO THE PINES, I MEAN THAT IS A WELL RUN, WELL ORGANIZED, I THINK USUALLY WELL HANDLED OUTFIT AND UH YOU KNOW, I'M CERTAINLY NOT TRYING TO MAKE YOUR LIVES ANYMORE DIFFICULT THAN WHAT YOU'RE PROPOSING IS FINE. IN TERMS OF THE GULETINE, I'VE NEVER ACTUALLY SEEN THAT THING GO AND I HAVE NO IDEA HOW LOUD IT IS, BUT I'LL CERTAINLY TRUST MR. PINE'S JUDGEMENT FOR THE FEW THINGS. PAUL PINE - IT'S MORE LIKE A THUD NOT A CRUSHER. PAM PINE - AND IT'S NOT CONSTANT RUNNING NOISE. 10 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD 'A MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. COMMISSIONER SMITII - DOES IT MAKE ANYMORE NOISE THAT IF YOU'RE CUTTING FOR EXAMPLE CERAMIC TILE? PAUL PINE -No, IT'S KIND OF LIKE THAT. (BOTH TALKING). MORE KIND OF LIKE A BIG GAS MOTOR ROLLER? PAM PINE - IT'S SILENT UNTIL YOU PULL THE LEVER AND THEN IT GOES CO - CHUNK. PAUL PINE - WE DON'T USE IT MORE THAN ABOUT TWO (2) HOURS PER WEEK. PAM PINE - YEAH, IT'S NOT USED THAT MUCH. COMMISSIONER SMITH - You KNOW SOMEBODY WERE CUTTING USING THOSE TILE CUTTER THINGS. DAVE MICHAELSON - You KNOW, MY POSITION IN TERMS OF RETAIL SALES IS THAT THE IMPACTS TO ADJACENT PROPERTY OWNERS ON AND TO ESSENTIALLY CATTLE CREEK IS VERY DIFFERENT IF YOUR RETAIL SALES AS ALLOWED AS OPPOSED TO STORAGE, YOU KNOW, I WOULD SUGGEST YOU PURSUE A SPECIAL USE PERMIT NOW FOR THE STORAGE AND THEN IF YOU DID PROPOSE RETAIL USES IN THE FUTURE, TO COME BACK AS THERE ARE A LOT MORE ISSUES THAT WE WOULD HAVE TO DEAL WITH, WITH RETAIL SALES, I WOULD ARUGE MOSTLY IN RELATION TO TRAFFIC. COMMISSIONER SMITH - THE OTHER QUESTION I HAD, IF THEY SHOULD DECIDE TO PUT A PERMANENT BUILDING, DO THEY COME BACK BEFORE US BEFORE 11 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD' 'A MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. BUILDNG ON THAT WITH THAT SPECIAL USE PERMIT, OR DO THEY JUST GO THROUGH YOUR DEPARTMENT? DAVE MICHAELSON - To BE HONEST, I WOULD, FROM EXPERIENCE SAY YES, THEY WOULD HAVE TO COME BACK BECAUSE ESSENTIALLY THIS SPECIAL USE PERMIT THAT'S DICTATING USE ON THAT SITE WOULD SUDDENLY BE VERY DIFFERENT THAN JUST STORAGE, IT WOULD BE A STRUCTURE AND WOULD REQUIRE A BUILDNG PERMIT AND IT'S A USE BY RIGHT, YOU PUT A STRUCTURE OUT THERE THE SPECIAL USE PERMIT WOULD HAVE TO BE MODIFIED TO REFLECT AN ADDITIONAL STRUCUTRE. COMMISSIONER SMITH - OKAY. PAM PINE - THEN WHAT DOES OUR SPECIAL USE PERMIT GIVNG US TO DO? DAVE MICHAELSON - IT'S GIVNG YOU THE RIGHT TO STORE MATERIAL IN AN A/R/RD ZONE DISTRICT WHICH IS A SPECIAL USE, IT'S NOT A USE BY RIGHT TO STORE NATURAL RESOURCES ON THAT SITE. . COMMISSIONER SMITH - SO IT'S A STORAGE RIGHT, REALLY WHAT IT IS. PA1.IL PINE - SO YOU'RE SAYING NOW THAT WE COULDN'T SELL OUT THERE. DAVE MICHAELSON - WELL, I WAS ESSENTIALLY GOING FROM YOUR LETTER WHICH I THINK ACTUALLY CITED... PAUL PINE - WE'RE NOT ASKING FOR THAT NOW BUT I THINK DOWN THE ROAD WE'RE TRYING TO COVER OURSELVES SO YOU DON'T COME BACK AND SAY ... 12 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD 1/2 MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. COMMISSIONER SMITH - WELL THAT'S WHY I ASKED YOU BECAUSE I'M TELLING YOU THAT YOU WOULD HAVE TO, IF YOU WENT TO A BUILDING, YOU WOULD HAVE TO HAVE A PERMIT, A BUILDING PERMIT FOR A BUILDING. PAUL PINE -AND I DON'T QUITE UNDERSTAND THAT EITHER BECAUSE I DON'T SEE WHY THE STORAGE OF THAT MATERIAL WHAT IN THE DESCRIPTION SAYS, WE'RE NOT GOING TO STORE IT INSIDE. COMMISSIONER SMITH - WE DON'T KNOW WHAT THE BUILDING IS, YOU SEE, THAT'S NOT PART OF THIS APPLICATION, IF WE KNEW WHAT THE BUILDING WAS THAT YOU WERE GOING TO HAVE THEN IT COULD BE ALL ONE THING, BUT WHEN WE DON'T. DAVE MICHAELSON - I'D LIKE TO MAKE A SUGGESTION ON THIS THAT I WILL CHECK WITH DON AND MARK TO SEE IF THE CODE INTERPRETATION OF EXTRATION PROCESSING FOR STORAGE, MATERIAL AND HANDLING INCLUDES RETAIL SALES, IF IT IN FACT DOES... PAUL PINE - WHAT IF WE SAY WHOLESALE SALES? IS THERE ANY DIFFERENCE? DAVE MICHAELSON - UH, I WOULD SAY IT WOULD HAVE THE SAME IMPACTS... PAUL PINE - BUT WE'RE NOT - DAVE MICHAELSON - IT'S STILL THE SAME BETWEEN STORAGE AND SALES, I DON'T THINK YOU'RE WHOLESALE OR RETAIL MAKES THAT MUCH DIFFERENCE IN TERMS OF THE USE THAT WE'RE DOING 13 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD '/z MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. PAUL PINE - OKAY. DAVE MICHAELSON - IF THAT'S IN FACT TRUE, I DON'T THINK YOUR RETAIL/WHOLESALE MAKES THAT MUCH DIFFERENCE IN TERMS OF THE USE THAT WE'RE DEALING WITH AT THIS SITE AND IF THAT'S IN FACT TRUE, YOU'RE RIGHT, YOU'RE HOME FREE I DON'T KNOW PAUL PINE - WELL, EXCEPT FOR THE BUILDING PERMIT. DAVE MICHAELSON - YES, THEY WILL NEED A BUILDING PERMIT. COMMISSIONER SMITH - YEAH, SEE I JUST WANT TO MAKE SURE THAT YOU REALIZE THAT THERE WOULD HAVE TO BE ANOTHER PERMIT. PAUL PINE - I'M JUST THINKING IN THE FUTURE, IF WE DID HAVE TO MOVE EVERYTHING UP THERE, WE'D HAVE TO HAVE AN OFFICE, OR YOU KNOW. COMMISSIONER SMITH - SURE. DAVE MICHAELSON-IT'S A USE BY RIGHT UP THERE. RETAIL ESTABLISHMENT SALES GETS PROCESSED ON A LOT, THAT'S AN INTERPRETATION TO BE REAL FRANK, I DON'T KNOW HOW THE COUNTY'S HANDLES THAT. PAUL PINE - I'M JUST TRYING TO DO EVERYTHING ABSOLUTELY I CAN TO ASSURE THAT I HAVE EVERYTHING COVERED FOR ANOTHER DAY. CHAIRMAN SMITH - I UNDERSTAND, ABSOLUTELY. PAM PINE - THE DUST PROBLEMS TO THE WHOLE YARD WHERE IT CURRENTLY IS, IS GRAVELED HEAVILY BECAUSE I COULDN'T WORK THERE WITH ALL THE DUST, SO IT WILL BE EXTREMELY WELL GRAVELED. 14 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD 'A MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. PAUL PINE - I THINK WE HAULED A HUNDRED (100) TONS IN JUST ON THAT CORNER. DAVE MICHAELSON - MY CONCERNS WITH DUST WERE MOSTLY AROUND THAT DRIVEWAY. I'VE WALKED YOUR SITE AND YOU'RE RIGHT, YOU'D BE HARD PRESSED TO FIND ANY DUST RISING OFF THAT EXISTING RETAIL USE. PAM PINE - WELL, THEN JUST THE HOURS. WE CLEARED INTO THE LANDSCAPING, UH, YEAH, OUR PLAN WAS BASICALLY TO PUT COTTONWOODS, RUSSIAN OLIVES, SOMETHING .. PAUL PINE - YEAH, MR. HERRING HAD THE SOIL ANALYSED TO WHAT WOULD GROW BEST THERE AND THEY'RE SAYING RUSSIAN OLIVES OR COTTONWOODS ARE PROBABLY THE BEST. COMMISSIONER SMITH - COTTONWOODS. PAUL PINE - COTTONLESS COTTONWOODS. COMMISSIONER SMITH - AND WITH THAT SET BACK FROM THE COUNTY ROAD, WHEN THEY GET GROWN THAT WE DON'T HAVE BRANCHES HANGING OVER THE COUNTY ROAD - WE HAVE THAT PROBLEM ON UP THE ROAD WITH THAT KIND OF AN ISSUE. PAUL PINE - AND HE'S SPECIFIED HOURS THERE AND SOMETHIMES WE, THAT'S FINE AND WE TRY TO KEEP OUR WEEKEND WORK TO A MINIMUM ANYWAY. AND IT'S PRETTY LIGHT, WE JUST DON'T DO THAT MUCH ON WEEKENDS. WE OCCASSIONALLY UNLOAD A SEMI ON THE WEEKENDS JUST TO HELP OUT THE DRIVERS YOU KNOW. 15 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD V2 MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING FIELD ON MONDAY, AUGUST 10, 1992. COMMISSIONER SMITH - SURE, BUT I WOULD ASSUME IT'S DURING DAYLIGHT HOURS ANYWAY, SO PAUL PINE - WE MAKE EVERY EFFORT. AND WE DO LOAD UP BEFORE EIGHT (8:00) A.M., SOMETIMES AND THAT'S ... COMMISSIONER SMITH - AND ACTUALLY WHEN YOU SAY DAYLIGHT HOURS... PAUL PINE - IF WE JUST SAID DAYLIGHT HOURS THAT WOULD BE FINE. COMMISSIONER SMITH - YEAH, THAT TAKES UP.... DAVE MICHAELSON -LET'S STIKE THAT EIGHT (8) TO FIVE (5) AND PUT DAYLIGHT HOURS. COMMISSIONER SMITH - OKAY. PAUL PINE - CAUSE A LOT OF OUR CONTRACTOR CUSTOMERS START EARLY, JUST LIKE THE LUMBER YARD THAT'S SIMILAR. PAM PINE - AND IT'S NOT A PARTICULAR NOISE; FOLKS WHO LIVE THERE RIGHT AT THE STONE YARD HAVE NEVER ... IT'S NOT JUST PARTICULARLY NOISY. DAVE MICHAELSON - I CHECKED THAT OUT AND THERE WERE NOT ANY COMPLAINTS WHATSOEVER THAT WE'VE HAD, ACTUALLY THERE'S BEEN NONE. PAUL PINE -NOT EVEN FROM THE LADY THAT LIVES RIGHT ACROSS THE STREET IN THAT APARTMENT. PAM PINE - THERE'S SEVERAL HOUSES CLOSER TO THEM THAT WHAT THERE WILL BE NOW. 16 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD '/ MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. PAUL PINE - LOTS. PAM PINE - WE DO BRING FORK LIFTS TO THAT, WELL WE DO WHEN WE HAVE NICE NEW TRUCKS SO, IT'S NOT A JOKE PLACE, IT'S... COMMISSIONER SMITH - WELL, WHERE YOU ARE NOW EVEN FOR YOUR RETAIL SALES YOU NEED FORK LIFTING PAM PINE - YES, UNIDENTIFIED SPEAKER - CAN I ASK YOU SOMETHING. PRO -TEM CHAIRMAN ARBANEY - I'LL HAVE TO SWEAR YOU IN. COMMISSIONER SMITH - WAIT A MINUTE, AL, YOU'VE GOT TO BE SWORN IN. PRO -TEM CHAIRMAN ARBANEY - Do YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? AL HERRING - I DO. THE POINT IS AT LEAST FOR ME, FOR THE PAST FIVE (5) YEARS AND PROBABLY BOTH OF YOU ARE FAMILIAR WITH THAT CORNER WITH ALL OVER GROWN SAGEBRUSH, WASHING COMING DOWN THROUGH THERE AND GUTTED IT RIGHT DOWN ACROSS THE IRRIGATION DITCH, WELL THEY'VE LEVELED ALL OF THAT, CLEANED IT, KEPT IT CLEAN, THEY'VE GRAVELED THE WHOLE THING AND THEY ARE EXCELLENT TENANTS, I MEAN, THEY REALLY KIND OF SET THE PACE FOR THAT CORNER AND INCLUDED 1N THEIR LEASE IS AN OPTION TO BUY THAT PROPERTY SHOULD WE EVER PUT IT UP FOR SALE SO, YOU KNOW, DEPENDING ON CIRCUMSTANCES AND THE PRICE IT MAY TAKE CARE OF ITSELF ON RETAIL SALES, BUT TYPCIALLY, THEIR RETAIL SALES, LIKE ON THE SEVEN - 17 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD'/ MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. ELEVEN (7-11) STORE WHERE A CONTRACTOR COMES IN AND SAYS I NEED, YOU KNOW, SO MANY TON OF THIS AND THAT, AND THEN THEY MAKE ARRANGEMENTS TO DELIVER IT. IT ISN'T PICKUPS RUNNING BACK AND FORTH ALL THE TIME; BUT THE WAY I'M USING THAT NOW, THE LAND WHEN WE SOLD THE RANCH, WE OWN SOME OF THE STUFF THAT WE HAD GOTTEN RID OF RIGHT IN THE MIDDLE OF IT AND IT'S KIND OF THE EYESORE THAT THE CORNER WAS AT ONE TIME. COMMISSIONER SMITH - SO THIS IS YOUR OLD MACHINERY THEY'RE GOING TO MOVE. PAM PINE - AL'S GOING TO MOVE. AL HERRING - SOME OF IT AND THEY CAN STILL ..... IT AND THEY TOLD ME THEY GREW PINTO BEANS ON THAT BUT SINCE WE'VE HAD IT, AND I KNOW WHEN WE BOUGHT IT, THIRTY-FIVE (35) YEARS AGO FROM DON FISHER IT WAS JUST SAGE BRUSH AND CRESTED WHEAT AND COMMISSIONER SNIITH - YELP. AL HERRING - SO ANYTHING THEY DO TO IT IS AN IMPROVEMENT AND I'M SURE THAT WHAT THEY'VE ALREADY DONE IF IT'S AN EXAMPLE OF WHAT THEY WILL DO, IT WILL BE A BIG IMPROVEMENT. MILDRED ALSDORF - AL, CAN WE HAVE YOUR NAME ON THE RECORD, PLEASE. RESPONSE: ALBERT HERRING. COMMISSIONER SMITH - DO YOU ALL HAVE ANYTHING ELSE? 18 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD '/ MILE NORTH OF HIGHWAY 82, APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. PAM PINE - No, IF YOU'RE GOING TO CHECK INTO THE SALES. PAUL PINE - AND YOU'RE GONG TO CHECK INTO IT IF HE CAN SELL THERE IF WE NEED TO AND ... PAM PINE - SALES, PAUL PINE - WE'RE NOT INTENDING TO, BUT IF IT TURNS OUT WE NEED TO, I WANT TO KNOW IF WE CAN. [COMMISSIONERS TALKING WITH EACH OTHER; YOU MIGHT ASK SINCE IT'S A PUBLIC HEARING.] PRO -TEM CHAIRMAN ARBANEY - ARE YOU HEAR TO SPEAK ON THE PINE STONE? UNIDENTIFIED -No, I'M ON NEXT. COMMISSIONER SMITH - I WOULD MOVE THAT WE CLOSE THE PUBLIC HEARING. PRO -TEM CHAIRMAN ARBANEY - SECOND. ALL THOSE IN FAVOR? COMMISSIONER SMITH - AYE. PRO -TEM CHAIRMAN ARBANEY - AYE. COMMISSIONER SMITH - I WOULD MOVE THAT A SPECIAL USE PERMIT TO ALLOW FOR THE PROCESSING, STORAGE AND MATERIAL HANDLING OF NATURAL RESOURCES BE GRANTED TO PINE STONE YARD FOR PAM AND PAUL PINE FOR A SITE ON CATTLE CREEK WITH ALL OF THE RECOMMENDATIONS AND FINDINGS OF STAFF AS PART OF THE APPROVAL, UN, UNDER ITEM NUMBER THREE (3), UH, THE RECOMMENDATION WILL BE 19 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD 'A MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. DURING DAYLIGHT HOURS RATHER THAN EIGHT (8) TO FIVE (5) LISTED AND UNDER LINE SIX (6), UH, THAT THE APPLICANTS WILL OBTAIN THEIR DRIVEWAY PERMIT FROM THE ROAD AND BRIDGE FOR A NEW DRIVEWAY. WAS THERE ANYTHING ELSE IN THERE THAT WE NEEDED? CHAIRMAN PRO -TEM ARBANEY - ARE YOU GOING TO ALLOW THEM TO USE THEIR GULITINE SAW? COMMISSIONER SMITH - YEAH, I AM. I AM, LIMITED IS HOW I WOULD SAY I GUESS. LIMITED PROCESSING CAN OCCUR ON THE SITE. PRO -TEM CHAIRMAN ARBANEY - I'LL SECOND THAT MOTION. COMMISSIONER SMITH - WAS THERE ANYTHING ELSE, DAVE? CHAIRMAN PRO -TEM ARBANEY - SALES? DAVE MICHAELSON - I WILL DOUBLE CHECK ON SALES, I'LL, I'LL NEED TO DOUBLE CHECK ON SALES. I'LL LET .... COMMISSIONER SMITH - YEAH AND ACTUALLY IN MY HEAD I'M THINKING MATERIAL HANDLING MIGHT INCLUDE SALES BUT YOU'LL CHECK ON IT. DAVE MICHAELSON - MR. PINE, YOU MENTIONED ABOUT CUTTING. PAUL PINE - WELL WE CURRENTLY... I JUST THOUGHT OF THIS JUST AFTER WE STOPPED. WE DO SELL CEMENT BLOCK AND BRICK THERE, WHERE WE ARE NOW. PAM PINE - I MEAN IT'S STOCKED THE SAME WAY. PAUL PINE - I MEAN IT'S HANDLED THE SAME WAY, EVERYTHING'S THE SAME. 20 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD'/ MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE TRANSCRIPT OF THE PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING HELD ON MONDAY, AUGUST 10, 1992. DAVE MICHAELSON - YEAH, I DON'T SEE ANY DIVISION BETWEEN... PAUL PINE - IS THAT OKAY? COMMISSIONER SMITH - MY IMPRESSION WAS THIS WAY, BUT I'M NO ATTORNEY, IS THAT I COULD CERTAINLY READ THE SITE FOR EXTRACTION PROCESSING, STORAGE OR MATERIAL HANDLING AND TO ME WHEN YOU HAND IT OUT AND HANDLE IT, THAT'S SELLING, BUT I COULD BE WRONG. PAUL PINE - YEAH, THAT'S WHAT THEY TOLD US BEFORE. COMMISSIONER SMITH - YEAH, TO ME THAT DAVE MICHAELSON - IF THE COUNTY ATTORNEY SAYS THE SAME AS YOU, OKAY, BUT I REALLY DO WANT TO DOUBLE CHECK MYSELF. CHAIRMAN PRO -TEM ARBANEY - DID YOU MENTION THE DRIVEWAY PERMIT? COMMISSIONER SMITH - YES I DID. CHAIRMAN PRO -TEM ARBANEY - ALL THOSE IN FAVOR? COMMISSIONER SMITH - AVE. CHAIRMAN PRO -TEM ARBANEY - AYE. 21 PUBLIC HEARING FOR STORAGE OF NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD'/: MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE PUBLIC HEARING FOR STORAGE OR NATURAL RESOURCES, LOCATED ON CATTLE CREEK ROAD'/: MILE NORTH OF HIGHWAY 82. APPLICANT: PINE STONE COMPANY - PAM AND PAUL PINE PAM AND PAUL PINE AND DAVE MICHAELSON FROM BUILDING AND PLANNING WERE PRESENT. I HAVE NOT COMPLETED THE FIRST PORTION OF THE HEARING. DAVE MICHAELSON - FOR THE RECORD, I HAVE 3 EXHIBITS A - C TO BE ENTERED INTO THE RECORD, PLEASE. EXHIBIT A - PROOF OF PUBLICATION; EXHIBIT B - AT 409 ON THE TAPE DAVE MICHAELSON - WHAT THEY'RE REQUESTING IS A PERMIT TO STORE SURPLUS ROCK AND NATURAL RESOURCE MATERIAL SIMILAR TO WHAT THEY HAVE ON THEIR SITE AT CATTLE CREEK. IN ALL FAIRNESS TO THE PINE'S IVE SEEN A LOT OF STORAGE FACILITIES FOR ROCKS AND THERE IS AN INCREDIBLE AMOUNT OF MASS OUT THERE AND I THINK THEY'VE DONE A GREAT JOB, IT'S BALED AND I'D SAY FOUR FOOT SQUARE BALES, IT'S VERY ORDERLY, AND I THINK WE CAN EXPECT THAT IF THE SPECIAL USE PERMIT 15 GRANTED, FOR STROAGE -[STOPPED HERE 725 ON THE TAPE VERBATIM DAVE MICHAELSON - IN TERMS OF THE RECOMMENDATIONS, I WOULD LIKE TO EDIT A COUPLE OF THESE, I SPOKE TO THE PINES JUST A COUPLE OF MINUTES BEFORE THE HEARING. THEY REFERENCED SHAPING ON THAT SITE, I THINK THAT'S A REALLY GOOD RECOMMENDATION. THEY WOULD LIKE TO RESERVE THE RIGHT IN THE FUTURE, THEY MAY BUILD A STRUCTURE OUT THERE, I THINK THAT THE TIME STRUCTURE IF IN FACT IS PLACED OUT THERE I DON'T SEE ANY PROBLEM WITH PROCESSING OR CHIPPING THAT STUFF IN AN ENCLOSED STRUCTURE BUT I THINK WITH THE RESIDENTS NEXT DOOR IT MAY BE A PROBLEM FOR NOW AND I THINK THEY'VE AGREED TO THAT RESTRICTION. ON NUMBER 3 1 NEED A RECOMMENDATION FOR DELIVERING AND STACKING OCCUR ON MONDAY THROUGH FRIDAY ONLY BETWEEN 8 AND 5 AND THEN I MADE A VERY CRIPTIC SENTENCE AFTER THAT THAT SAYS, "DELIVERY OR TRANSFER OF NATURAL RESOURCES MAY OCCUR DURING THE WEEKENDS, BUT ONLY DURING DAYLIGHT HOURS" WHAT I WOULD SUGGEST THE COMMISSIONER ENTERTAIN IS THAT UH, I THINK IT IS IMPORTANT TO MINIMIZE THE AMOUNT OF TRAFFIC ON THE WEEKENDS ONLY BECAUSE THAT'S THE TIME THOSE RESIDENTS ARE GOING TO BE THERE THE MOST AND I WOULD SUSPECT THE TRAFFIC COUNTS ARE INCREMENTALLY HIGHER ON THE WEEKENDS AND I THINK THE STONES, OR THE PINES WOULD DEFINITELY RETAIN THAT SINCE WE'RE RESTRICTING THEM ON THE WEEKENDS FOR THE NUMBER OF TRIPS. NUMBER 5 - SINCE WE ADDRESSED THIS, THE APPLICANT'S WILLINGNESS TO BUILD A BERM, WHEN 1 SAID A LANDSCAPING PLAN, I THINK ALL I REALLY EXPECT IS WHAT KIND OF TRESS THEY'RE GOING TO PLANT OUT THRE AND IF THEY WERE GOING TO HAVE A SCREEN EFFECT. ONE NUMBER 6 THERE'S A , ON THE PROPERTY THERE'S - THE ADJACENT PROPERTY HAS A DRIVEWAY EASEMENT THAT ESSENTIALLY COMES N FROM THEIR DRIVEWAY AND ACCESSES THIS SITE; I HAD SOME CONCERNS ABOUT HOW THAT WOULD HANDLE TRUCK TRAFFIC. THE APPLICANTS HAVE AGREED TO NOT USE THAT ADJACENT UN EASEMENT AND SAID THEY WOULD ESSENTIALLY CONTRUCT A NEW DRIVEWAY OFF CATTLE CREEK SO I WOULD SUGGEST NUMBER 6 BE DELETED AND INSTEAD READ THAT "THE APPLICANTS WILL OBTAIN A DRIVEWAY PERMIT FROM ROAD AND BRIDGE PRIOR TO CONSTRUCTION OF THAT DRIVEWAY. WITH THAT I'D LIKE TO, I KNOW THE PINES HAVE A FEW THINGS TO SAY. SO THAT CONCLUDES THE STAFF COMMENTS. ON THE TAPE - DAVE COMPLETES HIS STAFF REPORT. VERBATIM APPLICANTS: PAUL PINE - 1 GUESS I WOULD LIKE TO COMMENT, WE HAVE HEARD FROM SOME OF THE SURROUNGING PROPERTY OWNERS AND WHAT THEY SAID WAS VIRTAULLY POSITIVE. WE HAD THE KIRKS (NEIGHBOR?? BY OUT AND MR. RAYMOND, DARWIN, STOPPED BY AND THEY WERE POSITIVE, YOU KNOW, SOUNDS LIKE A GOOD IDEA, GLAD TO HEAR YOU'RE MOVING UP HERE. SO THAT WAS ALL WE GOT AS FEEDBACK, AND OF COURSE AL OWNS MORE PROPERTY AROUND THERE, AL HERRING WAS FOR IT TOO. UH, THE ONLY PROBLEMS WE HAVE I GUESS WITH THE RECOMMENDATIONS, OUR CUTTING AND SHAPING IS SO MINIMAL, UH, WE HATE TO BE PRECLUDED I GUESS BECAUSE THE CUTTER WE HAVE IS LIKE A GULETINE CUTTER WHICH IS A HYDRALIC, PAM PINE - AS BIG AS THIS TABLE. PAUL PINE - IT'S NO BIGGER THAN THIS TABLE, AND WE DO IT MORE AS A CURTEOUS TO OUR CUSTOMER JUST TO CUT A HEARTH OR SOMETHING FOR IMMEDIATE USE AND I'D HATE NOT TO BE ABLE TO USE THAT JUST BECAUSE WE DON'T HAVE A BUILDING YET, I MEAN, AS FAR AS NOISE OR DUST OR ANYTHING ELSE, IT DOESN'T AMOUNT TO THAT MUCH, BUT UH, PAM PINE - IT'S NOT LIKE A ROCK CRUSHER OR ANYTHING. PAUL PINE - WE'RE NOT TALKING MAKING GRAVEL, WE'RE TALKING ABOUT CUTTING A FEW HEARTHS AND STUFF LIKE THAT, IT'S REAL SMALL PIECE OF EQUIPMENT. AND WE'LL EVENTUALLY GET A BUILDING, I MEAN THAT'S OUR PLAN, AND THEN I HOPE I'M NOT BE LABORING A POINT, BUT AS FAR AS WE CAN SEE IN THE FUTURE WE PLAN TO STAY WHERE WE ARE FOR OUR MAIN BUSINESS, HOWEVER, IF AL SHOULD SELL THAT PROPERTY WHERE WE ARE, UH, WHICH HE DOESN'T EVEN HAVE IT FOR SALE, SO THAT'S MOOT AT THIS POINT BUT WE WOULD END UP DOING OUR SELLING AND EVERYTHING ELSE OUT OF THIS SITE ON CATTLE CREEK, UP THE ROAD IF IT CAME TO THAT AND TIIAT COULD BE NEARER AND IT COULD BE THREE, FOUR OR FIVE YEARS FROM NOW, I DON'T KNOW. I WOULDN'T WANT TO BE PRECLUDED FROM MAKING SALES AT THAT SITE. IT WOULD MAKE IT. COMMISSIONER MARIAN SMITH - DO YOU OWN THE SITE ON UP THE ROAD OR DOES AL OWN THAT TOO? PAUL PINE - HE OWNS IT RIGHT NOW, WE'LL BUY IT FROM 111M IF WE GET THE SPECIAL USE PERMIT. WE DON'T OWN THE LAND WE'RE ON RIGHT NOW. COMMISSIONER SMITH -NO, NO THAT'S WHAT I WAS THINKING. PAM PINE - WE HAVE A 5 -YEAR LEASE, AL'S GOING TO RENEW A 5 -YEAR LEASE. PAUL PINE - YES. PAM PINE - THIS, THIS, AND THE HIGHWAY FRONTAGE IS IMPORTANT TO US SO WE'LL NEVER WANT TO LEAVE IT IF WE DON'T HAVE TO. AND THE THING ABOUT, WE'RE LOOKING AT BECOMING A WHOLESALE OPERATION, RATHER OTHER THAN A RETAIL. PAUL PINE - WE REFER TO IT AS RETAIL BUT 90% OF OUR SALES ARE WHOLESALE , COMMISSIONER SMITH - YEAH, TO CONTRACTORS, YEAH PAUL PINE - TO CONTRACTORS AND BUILDERS, SO, ACTUALLY THE NUMBER OF CARS AND STUFF COMING IN AND OUT OF THERE IS PRETTY MINIMAL. PAYM PINE - YEAH, AND WHEN WE SAY 10 TRIPS A DAY, UN I WOULD GUESS IN REALITY NOW JUST AS A STORAGE YARD, IF WE MAKE 2 AND 14 TRIPS A DAY AND I'M SURE THERE'LL BE SOME WINTER DAYS THAT WILL NOT HAVE TRACKS IN THE SNOW. UH, AND I THINK EVEN IF THE WHOLE OPERATION WERE TQ EVER BE THERE, UH, I JUST DON'T SEE THAT IT WOULD BE, PAUL PINE - PUBLIC SALES GETS LESS AND LESS IMPORTANT. PAM PINE - YEAH, SO WE HAVE A FEW PEOPLE WITH THEIR PICK-UPS COMING IN TO ORDER i;STUFF AND ON AN AVERAGE DAY 1 GUESS THERE'S ONE BIG TRUCK IN A WEEK AND OURS ROI4S TWO, THREE OR FOUR TIMES A DAY. I DON'T THINK THE TRUCK TRAFFIC, 1 MEAN FOR AS MUCH AS WE WATCH ON THE MAD GOING IN AND OUT TO JY WE'D EVER BE ANYTHING MORE THAN ABOUT WHAT THEY DO. PAUL PINE - YEAH. I THINK .... PAM PINE -WELL, BASICALLY WHAT WE ARE LOOKING FOR RIGHT IS A STORAGE FACILITY, WE'VE OUT GROWN OURSELVES (BOTH TALKING) PAUL PINE - YEAH, WE WOULDN'T WANT TO 13E PRECLUDED FROM HAVING SALES THERE IN THE FUTURE, EVEN THROUGH WE'RE NOT ASKING FOR THAT AND WHEN WE INQUIRED ABOUT IT BEFORE, WE UNDERSTOOD THAT UH PROCESSING, STORAGE AND HANDLING INCLUDED SALES OR COULD, IT WAS NOT PRECLUDED. SO I DIDN'T WANT TO BE CONFUSED... COMMISSIONER SMITH - YEAH, PAUL PINE - ON WHAT YOU MEAN EITHER WAY. COMMISSIONER SMITH - DAVE, THEY COULD SELL THERE COULDN'T THEY? DAVE MICHAELSON - UN, THEY COULD IF THAT INTERPRETATION IS CORRECT, THIS SPECIAL USE PERMIT WILL ALLOW THEM FOR SALES. I GUESS MY CONCERN IS THAT THE USE BY RIGHT IN THE A/R/RD INCLUDES RETAIL ESTABLISHMENT FACLITIES, GOODS PROCESSED FROM RAW MATERIALS PRODUCED ON THE LOT WHICH IS A LITTLE DIFFERENT THAN ... CHAIRMAN SMITH - WHAT DO YOU CALL RAW MATERIAL HANDLING AS A NATURAL RESOURCE? DAVE MICHAELSON - WHAT THEY WERE, I THINK THEY WERE, I THINK WE ALL HAVE SOME PROBLEMS WITH HOW THIS IS WORDED ... CHAIRMAN SMITH - THE WORDING, YES, DAVE MICHAELSON - BUT UNDER THE CIRCUMSTANCES OF WHAT YOU'RE DESCRIBING I THINK THIS IS REALLY GETTING AROUND UH IS WHAT YOU'RE DESCRIBING BRINGING MATERIALS IN AND OUT FROM A SATALLITE FACILITY. IN ALL FAIRNESS TO THE PINES, I MEAN THAT ISA WELL RUN, WELL ORGANIZED, I THTNK USUALLY WELL HANDLED OUTFIT AND UH YOU KNOW, I'M CERTAINLY NOT TRYING TO MAKE YOUR LIVES ANYMORE DIFFICULT THAN WHAT YOU'RE PROPOSING IS FINE. IN TERMS OF THE GULETINE, I'VE NEVER ACTUALLY SEEN THAT THING GO AND I HAVE NO IDEA HOW LOUD IT IS, BUT I'LL CERTAINLY TRUST MR. PINE'S JUDGEMENT FOR THE FEW THINGS. PAUL PINE - IT'S MORE LIKE A THUD NOT A CRUSHER. PAM PINE - AND IT'S NOT CONSTANT RUNNING NOISE. COMMISSIONER SMITH - DOES IT MAKE ANYMORE NOISE THAT IF YOU'RE CUTTING FOR EXAMPLE CERAMIC TILE? PAUL PINE - No, IT'S KIND OF LIKE THAT. (BOTH TALKING). MORE KIND OF LIKE A BIG GAS MOTOR ROLLER?? PAM PINE - IT'S SILENT UNTIL YOU PULL THE LEVER AND THEN IT GOES CO -CHUNK. PAUL PINE - WE DON'T USE IT MORE THAN ABOUT 2 HOURS PER WEEK. PAM PINE - YEAH, IT'S NOT USED THAT MUCH. COMMISSIONER SMITH - YOU KNOW SOMEBODY WERE CUTTING USING THOSE TILE CUTTER THINGS DAVE MICHAELSON - YOU KNOW, MY POSITION IN TERMS OF RETAIL SALES IS THAT THE IMPACTS TO ADJACENT PROPERTY OWNERS ON AND TO ESSENTIALLY CATTLE CREEK IS VERY DIFFERENT IF YOUR RETAIL SALES AS ALLOWED AS OPPOSED TO STORAGE, YOU KNOW, I WOULD SUGGEST YOU PURSUE A SPECIAL USE PERMIT NOW FOR THE STORAGE AND THEN IF YOU DID PROPOSE RETAIL USES IN THE FUTURE, TO COME BACK AS THERE ARE A LOT MORE ISSUES THAT WE WOULD HAVE TO DEAL WITH, WITH RETAIL SALES, I WOULD ARUGE MOSTLY IN RELATION TO TRAFFIC. COMMISSIONER SMITH - THE OTHER QUESTION I HAD, IF THEY SHOULD DECIDE TO PUT A PERMANENT BUILDING, DO THEY COME BACK BEFORE US BEFORE BUILDING ON THAT WITH THAT SPECIAL USE PERMIT? OR DO THEY JUST GO THROUGH YOUR DEPARTMENT. DAVE MICHAELSON - TO BE HONEST, I WOULD, FROM EXPERIENCE SAY YES, THEY WOULD HAVE TO COME BACK BECAUSE ESSENTIALLY THIS SPECIAL USE PERMIT THAT'S DICTATING USE ON THAT SITE WOULD SUDDENLY BE VERY DIFFERENT THAN JUST STORAGE, IT WOULD BE A STRUCTURE AND WOULD REQUIRE A BUILDING PERMIT AND IT'S A USE BY RIGHT, YOU PUT A STRUCTURE OUT THERE THE SPECIAL USE PERMIT WOULD HAVE TO BE MODIFIED TO REFLECT AN ADDITIONAL STRUCUTRE. COMMISSIONER SMITH - OKAY PAM PINE - THEN WHAT DOES OUR SPECIAL USE PERMIT GIVING US TO DO? DAVE MICHAELSON - IT'S GIVING YOU THE RIGHT TO STORE MATERIAL IN AN A/R/RD ZONE DISTRICT WHICH 15 A SPECIAL USE, IT'S NOT A USE BY RIGHT TO STORE NATURAL RESOURCES ON THAT SITE. COMMISSIONER SMITH - SO IT'S A STORAGE RIGHT REALLY WHAT IT IS. PAUL PINE - SO YOU'RE SAYING NOW THAT WE COULDN'T SELL OUT THERE. DAVE MICHAELSON - WELL I WAS ESSENTIALLY GOING FROM YOUR LETTER WHICH I THINK ACTUALLY CITED... PAUL PINE- WE'RE NOT ASKING FOR THAT NOW BUT I THINK DOWN THE ROAD WE'RE TRYING TO COVER OURSELVES SO YOU DON'T COME BACK AND SAY ... COMMISSIONER SMITH - WELL THAT'S WHY I ASKED YOU BECAUSE I'M TELLING YOU THAT YOU WOULD HAVE TO, IF YOU WENT TO A BUILDING, YOU WOULD HAVE TO HAVE A PERMIT, A BUILDING PERMIT FOR A BUILDING. PAUL PINE -AND 1 DON'T QUITE UNDERSTAND THAT EITHER BECAUSE I DON'T SEE WHY THE STORAGE OF THAT MATERIAL WHAT IN THE DESCRIPTION SAYS, WE'RE NOT GOING TO STORE IT INSIDE. COMMISSIONER SMITH - WE DON'T KNOW WHAT THE BUILDING IS YOU SEE, THAT'S NOT PART OF THIS APPLICATION, IF WE KNEW WHAT THE BUILDING WAS THAT YOU WERE GOING TO HAVE THEN IT COULD BE ALL ONE THING, BUT WHEN WE DON'T. DAVE MICHAELSON - I'D LIKE TO MAKE A SUGGESTION ON THIS THAT I WILL CHECK WITH DON AND MARK TO SEE IF THE CODE INTERPRETATION OF EXTRATION PROCESSING FOR STORAGE, MATERIAL AND HANDLING INCLUDES RETAIL SALES, IF IT IN FACT DOES... PAUL PINE - WHAT IF WE SAY WHOLESALE SALES? IS THERE ANY DIFFERENCE? DAVE MICHAELSON - UH, 1 WOULD SAY IT WOULD HAVE THE SAME IMPACTS... PAUL PINE - BUT WE'RE NOT - DAVE MICHAELSON - IT'S STILL THE SAME BETWEEN STORAGE AND SALES, I DON'T THINK YOU'RE WHOLESALE OR RETAIL MAKES THAT MUCH DIFFERENCE IN TERMS OF THE USE THAT WE' DOING PAUL PINE - OKAY. DAVE MICHAELSON - IF THAT'S IN FACT TRUE, I DON'T THINK YOUR RETAIL/WHOLESALE MAKES THAT MUCH DIFFERENCE IN TERMS OF THE USE THAT WE'RE DEALING WITH AT SITE AND IF THAT'S IN FACT TRUE, YOU'RE RIGHT, YOU'RE HOME FREE. I DON'T KNOW PAUL PINE - WELL, EXCEPT FOR THE BUILDING PERMIT. DAVE MICHAELSON - YES, THEY WILL NEED A BUILDING PERMIT. COMMISSIONER SMITH - YEAH, SEE I JUST WANT TO MAKE SURE THAT YOU REALIZE THAT THERE WOULD HAVE TO BE ANOTHER PERMIT. PAUL PINE- I'M JUST THINK IN THE FUTURE, IF WE DID HAVE TO MOVE EVERYTHING UP THERE, WE'D HAVE TO HAVE AN OFFICE, OR YOU KNOW. COMMISSIONER SMITH - SURE. DAVE MICHAELSON -IT'S A USE BY RIGHT UP THERE. RETAIL ESTABLISHMENT SALES GETS PROCESSED ON A LOT, THAT'S AN INTERPRETATION TO BE REAL FRANK, I DON'T KNOW HOW THE COUNTY'S HANDLES THAT. PAUL PINE - I'M JUST TRYING TO DO EVERYTHING ABSOLUTELY I CAN TO ASSURE THAT I HAVE EVERYTHING COVERED FOR ANOTHER DAY. CHAIRMAN SMITH - I UNDERSTAND, ABSOLUTELY. PAM PINE - THE DUST PROBLEMS TO THE WHOLE YARD WHERE IT CURRENTLY IS, IS GRAVELED HEAVILY BECAUSE I COULDN'T WORK THERE WITH ALL THE DUST, SO IT WILL BE EXTREMELY WELL GRAVELED. PAUL PINE - 1 THINK WE HAULED 100 TONS IN JUST ON THAT CORNER. DAVE MICHAELSON - MY CONCERNS WITH DUST WERE MOSTLY AROUND TFIAT DRIVEWAY. I'VE WALKED YOUR SITE AND YOU'RE RIGHT, YOU'D BE HARD PRESSED TO FIND ANY DUST RISING OFF THAT EXISTING RETAIL USE. PAM PINE - WELL, THEN JUST THE HOURS. WE CLEARED INTO THE LANDSCAPING, UH, YEAH, OUR PLAN WAS BASICALLY TO PUT COTTONWOODS, RUSSIAN OLIVES, SOMETHING .. PAUL PINE - YEAH, MR. HERRING HAD THE SOILED ANALYSED TO WHAT WOULD GROW BEST THERE AND THEY'RE SAYING RUSSIAN OLIVES OR COTTONWOODS ARE PROBABLY THE BEST. COMMISSIONER SMITH - COTTONWOODS. PAUL PINE - COTTONLESS COTTONWOODS. COMMISSIONER SMITH - AND WITH THAT SET BACK FROM THE COUNTY ROAD, WHEN THEY GET GROWN THAT WE DON'T HAVE BRANCHES HANGING OVER THE COUNTY ROAD - WE HAVE THAT PROBLEM ON UP THE ROAD WITH THAT KIND OF AN ISSUE. PAUL PINE - AND HE'S SPECIFIED HOURS THERE AND SOMETHIMES WE, THAT'S FINE AND WE TRY TO KEEP OUR WEEKEND WORK TO A MINIMUM ANYWAY. AND IT'S PRETTY LIGHT, WE JUST DON'T DO THAT MUCH ON WEEKENDS. WE OCCASSIONALLY UNLOAD A SEMI ON THE WEEKENDS JUST TO HELP OUT THE DRIVERS YOU KNOW. COMMISSIONER SMITH - SURE, BUT I WOULD ASSUME IT'S DURING DAYLIGHT HOURS ANYWAY, SO PAUL PINE- WE MAKE EVERY EFFORT. AND WE DO LOAD UP BEFORE 8:00 A.M., SOMETIMES AND THAT'S ... COMMISSIONER SMITH - AND ACTUALLY WHEN YOU SAY DAYLIGHT HOURS... PAUL PINE - IF WE JUST SAID DAYLIGHT HOURS THAT WOULD BE FINE. COMMISSIONER SMITH - YEAH, THAT TAKES UP.... DAVE MICHAELSON -LET'S STIKE THAT 8 TO 5 AND PUT DAYLIGHT HOURS. COMMISSIONER SMITH - OKAY. PAUL PINE - CAUSE A LOT OF OUR CONTRACTOR CUSTOMERS START EARLY, JUST LIKE THE LUMBER YARD THAT'S SIMILAR. PAM PINE - AND IT'S NOT A PARTICULARLY NOISE; FOLKS WHO LIVE THERE RIGHT AT THE STONE YARD HAVE NEVER ... IT'S JUST PARTICULARLY NOISY. DAVE MICHAELSON - I CHECKED THAT OUT AND THERE WERE NOT ANY COMPLAINTS WHATSOEVER THAT WE'VE HAD, ACTUALLY THERE'S BEEN NONE. PAUL PINE - NOT EVEN FROM THE LADY THAT LIVES RIGHT ACROSS THE STREET IN THAT APARTMENT. PAM PINE - THERE'S SEVERAL HOUSES CLOSER TO THEM THAT WHAT THERE WILL BE NOW. PAUL PINE - LOTS. PAM PINE - WE DO BRING FORK LIFTS TO THAT, WELL WE DO WHEN WE HAVE NICE NEW TRUCKS SO, IT'S NOT A JOKE PLACE, IT'S... COMMISSIONER SMITH - WELL, WHERE YOU ARE NOW EVEN FOR YOUR RETAIL SALES YOU NEED FORK LIFTING PAM PINE - YES, UNIDENTIFIED SPEAKER - CAN I ASK YOU SOMETHING. COMMISSIONER ARBANEY - I'LL HAVE TO SWEAR YOU IN. COMMISSIONER SMITH - WAIT A MINUTE, AL, YOU'VE GOT TO BE SWORN IN. COMMISSIONER PRO -TEM ARBANEY- Do YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? AL HERRING- I DO. THE POINT IS AT LEAST FOR ME, FOR THE PAST 5 YEARS AND PROBABLY BOTH YOU ARE FAMILIAR WITH THAT CORNER WITH ALL OVER GROWN SAGE BRUSH, WASHING COMING DOWN THROUGH THERE AND GUTTED IT RIGHT DOWN ACROSS THE IRRIGATION DITCH, WELL THEY'VE LEVELED ALL OF THAT, CLEANED IT, KEPT IT CLEAN, THEY'VE GRAVELED THE WHOLE THING AND THEY ARE EXCELLENT TENANTS, I MEAN, THEY REALLY KIND OF SET THE PACE FOR THAT CORNER AND INCLUDED IN THEIR LEASE IS AN OPTION TO BUY THAT PROPERTY SHOULD WE EVER PUT IT UP FOR SALE 50, YOU KNOW, DEPENDING ON CIRCUMSTANCES AND THE PRICE IT MAY TAKE CARE OF ITSELF ON RETAIL SALES, BUT TYPCIALLY, THEIR RETAIL SALES, LIKE ON THE 7-11 STORE WHERE A CONTRACTOR COMES IN AND SAYS I NEED, YOU KNOW, SO MANY TON OF THIS AND THAT, AND THEN THEY MAKE ARRANGEMENTS TO DELIVER IT. IT ISN'T PICKUPS RUNNING BACK AND FORTH ALL THE TIME; BUT THE WAY I'M USING THAT NOW, THE LAND WHEN WE SOLD THE RANCH, WE 0\VN SOME OF THE STUFF THAT WE HAD GOTTEN RID OF RIGHT IN THE MIDDLE OF IT AND IT'S KIND OF THE EYESORE THAT THE CORNER WAS AT ONE TIME. COMMISSIONER SMITH - SO THIS I5 YOUR OLD MACHINERY THEY'RE GOING TO MOVE. PAM PINE - AL'S GOING TO MOVE. AL HERRING- SOME OF IT AND THEY CAN STILL ..... IT AND THEY TOLD ME THEY GREW PINTO BEANS ON THAT BUT SINCE WE'VE HAD IT, AND I KNOW WHEN WE BOUGHT IT 35 YEARS AGO FROM DON FISHER IT WAS JUST SAGE BRUSH AND CRESTED WHEAT AND COMMISSIONER SMITH - YELP. AL HERRING - SO ANYTHING THEY DO TO IT IS AN IMPROVEMENT AND I'M SURE THAT WHAT THEY'VE ALREADY DONE IF ITS AN EXAMPLE OF WHAT THEY WILL DO, IT WILL BE A BIG IMPROVEMENT. AND ... MILDRED ALSDORF - AL, CAN WE HAVE YOUR NAME ON THE RECORD, PLEASE. RESPONSE : ALBERT HERRING. COMMISSIONER SMITH - DO YOU ALL HAVE ANYTHING ELSE. PAM PINE - NO, IF YOU'RE GOING TO CHECK INTO THE SALES. PAUL PINE - AND YOU'RE GOING TO CHECK INTO IT IF HE CAN SELL THERE IF WE NEED TO PAM PINE - SALES, PAUL PINE - WE'RE NOT INTENDING TO, BUT IF IT TURNS OUT WE NEED TO, I WANT TO KNOW IF WE CAN. [COMMISSIONERS TALKING WITH EACH OTHER, YOU MIGHT ASK SINCE IT'S A PUBLIC HEARING.] CHAIRMAN PRO -TEM ARBANDY - ARE YOU HEAR TO SPEAK ON THE PINE STONE? UNDENTIFIED - NO, I'M ON NEXT. COMMISSIONER SMITH - I WOULD MOVE THAT WE CLOSE THE PUBLIC HEARING. CHAIRMAN PRO -TEM ARBANEY - SECOND. ALL IN FAVOR? COMMISSIONER SMITH - AYE. CHAIRMAN PRO -TEM ARBANEY - AYE. COMMISSIONER SMITH - I WOULD MOVE THAT A SPECIAL USE PERMIT TO ALLOW FOR THE PROCESSING, STORAGE AND MATERIAL HANDLING OF NATURAL RESOURCES BE GRANTED TO PINE STONE YARD FOR PAM AND PAUL PINE FOR A SITE ON CATTLE CREEK WITH ALL OF THE RECOMMENDATIONS AND FINDINGS OF STAFF AS PART OF THE APPROVAL, UN, UNDER ITEM NUMBER 3, UH, THE RECOMMENDATION WILL BE DURING DAYLIGHT HOURS RATHER THAN 8 TO 5 LISTED AND UNDER LINE 6, UH, THAT THE APPLICANTS WILL OBTAIN THEIR DRIVEWAY PERMIT FROM THE ROAD AND BRIDGE FOR A NEW DRIVEWAY. WAS THERE ANYTHING ELSE IN THERE THAT WE NEEDED? CHAIRMAN PRO -TEM ARBANEY - ARE YOU GOING TO ALLOW THEM TO USE THEIR GULITINE SAW. COMMISSIONER SMITH - YEAH, IAM. I AM, LIMITED IS HOW I WOULD SAY I GUESS. LIMITED PROCESSING CAN OCCUR ON THR SITE. CHAIRMAN PRO -TEM ARBANEY - I'LL SECOND THAT MOTION. COMMISSIONER SMITH - WAS THERE ANYTHING ELSE, DAVE? COMMISSIONER ARBANEY- SALES? DAVE MICHAELSON - I WILL DOUBLE CHECK ON SALES, I'LL, I'LL NEED TO DOUBLE CHECK ON SALES. I'LL LET .... COMMISSIONER SMITH - YEAH AND ACTUALLY IN MY HEAD I'M THINKING MATERIAL HANDLING MIGHT INCLUDE SALES BUT YOU'LL CHECK ON IT. DAVE MICHAELSON - MR. PINE, YOU MENTIONED ABOUT CUTTING. PAUL PINE - WELL WE CURRENTLY... I JUST THOUGHT OF THIS JUST AFTER WE STOPPED. WE DO SELL CEMENT BLOCK AND BRICK THERE, WHERE WE ARE NOW. PAM PINE - I MEAN IT'S STOCKED THE SAME WAY. PAUL PINE - I MEAN IT'S HANDLED THE SAME WAY, EVERYTHING'S THE SAME. DAVE MICHAELSON - YEAH, I DON'T SEE ANY DIVISION BETWEEN... PAUL PINE - IS TI -IAT OKAY? COMMISSIONER SMITH - MY IMPRESSION WAS THIS WAY, BUT I'M NO ATTORNEY, IS THAT I COULD CERTAINLY READ THE SITE FOR EXTRACTION PROCESSING, STORAGE OR MATERIAL HANDLING AND TO ME WHEN YOU HAND IT OUT AND HANDLE IT, THAT'S SELLING, BUT I COULD BE WRONG. PAUL PINE - YEAH, THAT'S WHAT THEY TOLD US BEFORE. COMMISSIONER SMITH - YEAH, TO ME THAT DAVE MICHAELSON - IF THE COUNTY ATTORNEY SAYS THE SAME AS YOU, OKAY, BUT I REALLY DO WANT TO DOUBLE CHECK MYSELF. CHAIRMAN PRO -TEM ARBANEY - DID YOU MENTION THE DRIVEWAY PERMIT. COMMISSIONER SMITH - YES I DID. CHAIRMAN PRO -TEM ARBANEY - ALL THOSE IN FAVOR? COMMISSIONER SMITH - AYE. CHAIRMAN PRO -TEM ARBANEY - AYE.