HomeMy WebLinkAbout4.0 CorrespondenceEDwARo MULHALL. JR.
cHRrsroPHER L. coYLE t
Scorr BALcoMa
I-AWRENCE R. GREEN
TtMorHY A. THUt-goN
DAuo C. HALLFoRD
THoMAS J. H^Ff,EET
CHRTSToPHER L. GETGER
SARA M. DUNN
Scorr GRosscuP
CHAo J. LEE*
Lucas F. VAN ARsoaLE
NrcoLE S. BuFroN
BAr,coMB & GnppN, PC.
AITORNEYS AT IJAW
P O. DRA.WER 79O
8I8 COI,ORADO A\IENIJE
Gr,ENwooD SPRrN(is, coLonADo at6oz
'fEr,EPrroNE: 97O.945. 6546
tr'Acsr1urr,E3 97 O.945.a9O3
www.balcombgreen.com
KENNFH BALcoMa
( r92G2005)
OF CouNsEL:
JoHN A. THUr-soN
talso licensed in Oklahoma
*also licensed in wyominE
February ?i,2013
Via Email and US Mail
Kathy Eastley, AICP
Senior Planner, Garfield County Community Development
108 8th Street, #401
Glenwood Springs, CO 81601
keastley@ garfield-county. com
RE: InterMountainEastbankProperty
Dear Kathy:
Thank you for meeting with us last month to discuss the uses occurring on the
property located at 3927 CR 154 ("Propertt/'). Our client, Eastbank, LLC owns the
Property and has leased it to InterMountain Waste & Recycling LLC ("InterMountain").
We have reviewed Gale Carmoney's letter of |anuary 18, 2A13 and appreciate this
opportunity to clarify the tenant activities on the Property and related use history and
rights.
After meeting with you last month, InterMountain removed all fuel tanks from
the Property, and removed any loaded roll off containers that were staged on the
Property. Additionally, all waste oil drums and barrels have been emptied and removed
from the Property. We have also engaged in a detailed review of the tenan/s stafus and
operations. All current uses of the Property are authorized by the Special Use Permit, as
discussed below.
BAr-conB & GREEN, P.C.
ATTORNEYS AT I/A'W
February 26,2073
Page2
L History of the Property and Special Use Permit
The uses occurring on the Property today are far less intense than they were
historically. The Property has operated in some induskial fashion for approximatety fifty
years. Initially, the area was a gravel pit operation and, to the best of our information
and knowledge, this site in particular, was the operations center, repab, vehide and
equipment storage and materials on- and off-loading. Gravel was extracted from the
Properfi and stored and processed onsite. It was then sorted and transferred to a
loading facility, where it was eventually trucked away from the property. Ivlaterials
essential to the operation were historically brought onto the site and other materials,
including product, taken from the site. The Property has undergone extensive
remediation after the gravel pit operation and is now a much deaner area thanks, in no
small part, to Eastbank, LLC during its tenure of ownership.
After the gravel pit operation, the Properly operated as an automotive (primarily
Iarge truck and other equipment) repair facility, by Hanson International, LLC. We have
confirmed with Bob Hansory previous operator of Hanson Intemational,LLC, that the
focus of his operation was large truck repair, maintenance and other related activities.
As part of this repair operation, trucks were driven or towed onto the prcperty, where
they sat until repairs could be made. Spare parts were generated as a result of the repair
of broken or inoperable trucks. These spare parts were sold for scrap or reqyded.
However, these parts were stored on the Property until an economically viable amount
of parts were amassed for removal. Once this mass was achieved, the parts were loaded
I r,*t onto truck containers and were transported off the Property for sale or recyding. This is
remarkably similar to the uses occurring on the Property today.
ln L994, the County rccogntzed a proposed "truck repair and maintenance"
facility as exhibiting "an equal or lesser degree of nonconformity'' than the previous
nonconforming use on the Property. (See Letters from Mark Bean to ]oe |ammaron
[prior Property Owner], November 2, 1994 and December 1, L994 attached). These
letters acknowledge that Western Mobile had operated a truck repair facility on the''. Property, togetheiwith commercial offices. As a.frifural extension ofthis repair activity,
-*conuncrcial and industrial materials, such as used automOtive parts, were stored on the
property for later disposal, sale, or recyding.
In1997, our initial efforts to analyze historical records and information show that
the County approved a Special Use Permit for the "storage of heavy equipmenf' on the
Property, together with the "nonconforming uses agreed to in the letters to )oe
Bar,cot\trB & GREEN, P.C.
ATToBNEYS AT I/Aw
February 26,2013
Page 3
fammaron dated November 2,1994 and Decembet'I".,1994." (See Resolution 97-92 and
letters, attached). Legally, the effect of incorporating nonconforming uses into the
Special Use Permit was to authorize these uses under the Special Use Permit. In other
words, the nonconforming uses on the Property are no longer governed by only the law
of nonconforming uses (or "grandfathered" uses), but are authorized under the special
use permit, which does not expire.
After L997, the Property operated under the Special Use Permit in various
capacifies, induding as a storage and repair facility for a construcfion company, and as a
storage and repair facility for a recycling operation. Nonetheless, the fundamental uses
occurring on the Property, as authorized by the Special Use Permit, have not changed. It
continues to be used for the storage of heavy commercial and industrial equipment and
vehides, for the repair of vehides, the transloading of materials adjunct to such
businesses to and from the site, and for commercial office activity. In fact, for
approximately five (5) years prior to lnterMountain's tenancy, Rocky Mountain Disposal
operated essentially the same business and activities on the Property (after the vacating i.
of Hanson Equipment) as InterMountain does today. /1.- : 'r ' '
At least three times in the past five years our client, Eastbank, LLC, has had
discussions with the County and members of its Staff regarding operations at the
Property. On various occasions since Eastbank's acquisition, the County has had
inspectors on the site. All of these discussions have ended amicablp and at no time did
the County allege that the uses at issue here made of the Property were somehow illegal
or in excess of existing, recognized use rights. After these discussions, Eastbank and
InterMountain continue to make substantial inveshnents on the Property in light of
these conversations. It is somewhat troubling that a single compliaint from
InterMountain's competitor has triggered this inqurry. Lr any event, we understand that
the County's sole concern is compliance with the historical and permitted uses, and for
the protection of the surrounding property owners. We believe the record shows that
InterMountain has made genuine efforts to be extremely sensitive to its residential
neighbors, none of whom have complained of the operations on the Property.
II. Use of Propert;r
Today,InterMountain uses the Property consistent with historical pracfice and in
conformance with the Special Use Permit. InterMountain is a rerycling and trash
hauling operator, which uses the Property for its business center and for the storage of
heavy equipment, commercial, and industrial materials, truck repair, and office
BAr,cora & GREEN, P.C.
ATTORNEYS AT IJAI^/
February 26,2013
Page 4
purposes. We have made specific inquiry of our tenant and below are the uses occurring
on the Property:
1. Vehicle Parking & Storage.
InterMountain parks and stores various types of hucks on the allowed Property
associated with its operations, including front load trucks, rear load trucks, side load
trucks, roll off trucks, container delivery trucks, portable toilet trucks, service trucks /
pickups, forklifts and tractors, spare parts vehicles, and various trailers uses for
container delivery use, container hauling and equipment hauling.
2. Maintenance arld Repair Facility.
InterMountain also uses the Property to repair and maintain its fleet of vehides,
and to repair and maintain its containers. This includes the housing of necessary truck
and container parts, fuel storage tanks, and necessary tools and supplies to ensure the
equipment is well maintained and safe.
3. Storage of Commercial and Industrial Materials.
InterMountain also uses the Property to store materials related to its operations,
including empty dumpsters, construction site storage containers, equipment flatbeds,
enclosed recycle containers, water tank plafforms, concrete washout containers,
assembled and unassembled residential carts and recycle bins, and empty portable
restrooms. These materials are stored on the Property until delivered to a customer.
Occasionally, full containers are brought to the Property at the end of the day
when it is too late to make it to the landfill, or when bad weather conditions prevent the
containers from being taken to the landfill. However, these containers are secured and
promptly removed as soon as possible when the Iandfill opens. When on the Property,
these containers are covered with a tarp and are not emptied or otherwise processed on
the Property.
BAI,COI,E & GREEN, P.C.
ATTORNEYS AT IJAW
February 26,2013
Page 5
4. Dumpster. Container. and Residential Cart Repair.
InterMountain repairs and modilies metal dumpsters, metal containers, and
plastic residential carts inside the shop on the Property. This activity includes welding,
minor re-fabricating, painting adding or removing wheels to commercial dumpsters,
exchanging or repairing plastic or metal lids on commercial dumpsters, repairing doors
or wheels on roll off containers, and repairing wheels and lids on residential carts. These
are materially the same activities in which Hanson engaged during its tenancy.
5. Recyding Transloading.
InterMountain also collects single stream rerycle commodity materials from
residential and commercial customers in collection vehicles. When the collection
vehides are full, the materials are emptied on the Property directly into larger roll off
containers that are preliminarily top-compressed in preparation for transit safety (by
tamping with a backhoe, etc.-no! "compacted" as an industrial process with specilic
machinery designed for such purposes), then tarped (covered) and staged on the
Property. In other words, reryclable materials are brought onto the Property and
transloaded (in a hghtly packed down manner while in the container for preparation of
tarping and economy of space) into a larger container. These larger roll off containers
are then removed from the Property and transported to Alpine Waste & Recyding in
Denver for actual processing and sorting at a permitted recycling facility. Note that no
sorting, separating, compartmentalizing categorizing, gradrng, grouping, shredding
consolidatin& fuU "compaction" or baling occurs on the Property. Therefore, there is no
"Waste Transfer Staton" or "Recycling Transfer Station" actrity occurring on the
Property as alleged in the January 13ft Letter. In the industry, this practice is referred to
as "transloadrngi' which simply means unloading materials from one truck to another
container. Transloading is appurtenant to just about every industrial operation,
including the historic uses engaged i. by prior tenants with respect to automotive and
equipment repair and,/or gravel pit mining and adjunct operations.
6. Office
lnterMountain also uses the office building to perform billing, customer service, sales
and accounting functions related to InterMountain's operations. An on-site managey's
trailer was removed several months ago at the Counfls request.
BAr,oonG & ORDEN, p.C.
ATTORNTYS AI IJAltl
February 26,2013
Page 5
m. Not Different than Historically Permitted Uses
InterMountain's use of the Property is consistent with the uses ocpressly
recognized in the Special Use Perurit, and those nonconforming uses incorporafid into
the Special Use Permit. Heavy equipment, commercial, and industrial material is stored
and used on the Property in the manner it has been for decades. Normal business
operations occur within the office. Trucks and materials are repaired in the shop.
Recydable materials are transported to the Property, loaded into a different container,
staged on the Property, then Eansported off the Property for sale. This is no different
than Hanson's huck..p?it shop, which stored spare parts on the Property until they
were ready to be recyded. The only difference is the composition of the materia storei
(i.e. plastic, rather than metal).
ry. Options to Clarify Permitted Uses of Property
We appreciate this opportunity to darify the uses occurring on the Property and
look forward to hearing from you soon. If convenient, your office could co"tiim i"
writing that the uses occurring on the Froperty are consistent with those permitted by
the Special Use Pelmit However, if you would prefer, we would be happy to apply for
an amendment to the Special Use Permit to darify and enumerate the uieipermitted by
the Special Use Permir W9 firmly believe that the uses occruring at the p.op.rty do not
represent a "Substantial Change" from those authorized historically and are, in fact,
authorized by the Special Use Permit. (See, e.g. ULUR S 2-104. We are continuing to
research and locate additional, supporting historical background information and
documents regarding this Property, the permitted uses occurting thereon, and related
matters. To that end, we may supplement this initial resporule with further detail.
Very truly yours,
Bercolrs &Gnpnu, P.C.
Eastbanlq LLC
InterMountain Waste & Recyding, LLC
Gale Carmoney (via email to gcarmoney@garfield-county.com)
Thomas ]. Hartert
By
'ill[l$f![I!llru![!''F,,lil'Jl'$iqJH'
ll
)
)ss
)
Commissioncr Chairmrn
Cornmissioner
Commissioner
-l"n'l9P:" i i"riiv rtt"''v- "Tl'f$1:; I 6io''iirtn so;ro
- rvtlarcdrlt.frlf.,. 'di'.ri.y AJmrtrator
ChuckFschats
tr\r,,brf $
STAIE OT COLORADO
CountY of Grrfcld
coro,,*li '"**:1.;:H;
oi'-
-ttlptaqy
, thc - 6th- of -
whcn the following proccedings' lmong othcrs wcrc hrd and done' to-wit:
RESoLuTIoN No' e7 -ea
AREsoLUTIoNcoNcERNEDWAPPRoY4i..oFAsPEcIAtUSEPERMITFoRIoE
& cERALDINE rerjntoanoN AI'ID IYIARK Got.lLD
wtIEBEAs, thc Boud o! Coynty Commirrionolrlf gufrctd Courrtll Colorado, hrs reccivod
:sHXkTlr,r.m.o*m1ffiil-ffi
di'ial"'ri";f*;i''.orrscof corutruction
Sec Attachcd: Extribit A
(inthc Strtc of Cotorado utd the County of Oarfield); and
WHEREAS,ihcBoudheld-epublichearingol.thc2nddayofJunc,lggT,upbnthcquestionof
wtraha,r,".uo*arortJ Spccirl ure p"* shiurd u" grurtli'o;l;;, tt *'itl' trcrriru thc prblic
urd intcrosrod p.,.on, wcrc givcn tt. opplilt,iio *pi.ri ,t"il.,i*i"irigrtang the isnrurcc of raid
Spccirl Ure Pcrmit; rnd
WHEREAS,thcBorrdonthcbagirofsrrb*urtialcomPctmtwidenccproduccdatthc
aforcurcntioned n-tltiJ;;t il; io[ol'ing dacrmination of fagt:
l'Thatpropcrpublicrtionandpublic.noticcwasprovidcdasrcquircdbylawforthehcrritg
u*otJril Boerd of County Commissioncrs'
Ll,ll[.'1!lfll!lll,[. J ![L'Hru!!!!! tttt tttt
;-;i-i i-b.60-o o.0o N 0.oo cRRFIELD cLERx
2'Thrtthcharingbcforc.h"BydofColntyCommisioncrlwasG'dcluitturdcompletc,that
all pcrtir,ril hcts, rnrtt,r -O irirJ, **luUminra .ta iltt Af intcrcctcd partior were heard
rt that heuing'
3'ThatthcapplicetionisincomptirnccwiththcGarficldCountyZoningRcrolutionofl9TE,
rs emcndcd'
4.Fcthcrbovestttodrndotherreasons,theproposcduseisinthebc$intcrcrtofthchcalth,
saftty, monl3, conwnierrce, "i;;;pcrity ana ''ctittc of thc citizcnr of Garlicld Co.oty'
Now,TIIEREFoRE,BEIrRESoLVEDbythgBoardofCountyCommisioncrrofftrfiGld
cornty, cor,ondo, rrrt;;b;"t.r urc po'iiuJ*a [.r"uy is auriorirea pcrmiBinq thc uge of rhe rbovc
describcd traet of rura roithe storagc ot'.-o-r;*aioii"r.t.i';;ffi,;;"pon ihr following specific
conditions:
l'Thatallproposatsoftherpllicantshallbcconsidcrcdconditioruofapprovalunlcssstatcd
"&cnj;#
i[i notta of Countv Commissionerr'
2,ThatthcapplicarrtbcrequiredtoParticiPst:gn.proportionatcimpactbacisinthe
impro,emcnt of the So,. riigi'*ii ,QrCn;tta inieisecti6n, if the Countv establishcs an
imporrtuurt progn n auring-rf-te# of anyleare ";;;;;iatcd property thrt is not ticd
to a nonconforming use'
3 ;l*s;;T:',s"ff;:ff"TH1',"""ffi[f #til;lq"*i'":f',llfrEii
urc tho (ts l i4lcR r ranfiry'grir,#rJion ror aocccs ro tit iite, acopt for *fay purpolcs
duc to thc tqgth of thc vchicles'
i.Theturyofficestructurg'meetthelgg4UniformBuildingCodcrcquirementsforthetype
of occlPcncY ProPosed'
5'ThrtthcCommercirl^PrrtSpccialUgePcrmitisrpprovodorrlyforthcrtorrgcofhcavy
#ffi tsffi#,fiBffi:f ij*r';:,ll;'3ilffiil i#ili,q:&,i
modlEcrrbn to the CommoUA fulti*@Y-"1*i t"quit" tt'" modification of thc Specid
uro pmnit, through thc applicable proccrs i"'*ittl*t at rhc timc of any proposed
modifiortion
iryiry UiI|!'Ii[ ! hi ] [,]!I][|'ll]!ttlrr
I I I I
DdGdthirJ-9.Ldayof october ' A'D'
cARFIELp -c-ogllJgH *XI
ATTEST:
(iAIsrLEr.t, -- --ienfg"p COUNTY,
COMMISSIOI{ERS, (
COLORADO
of tho Borrd
.t'
UponmotiondulymaderndsccondedthcforegoingRcsolutionwrsadoptcdbythe:]:*,'',""'
col{HISSIO*E Hfr'
STATE OF COLORADO
CorntY of Garfreld
countyocrkand*-'.T'iifl-{-*13r"*r?:'t"::l#
**1i69$i:'ff*"11,H"?lnl;lllffi ;iltcommissioncrsror
il;i,,i";l I trutY coP icd +o1-1"4T'o'
m"dffi;fi do'intY,'no* in rnY o6cc'
IN WITT'IESS WHEREOF' I have hereunto set mv:fl$ Tt
t"*l thc seal of srid Countv' at
19-.9L,
Clcmvood SPrings, thi3
-
day of A.D. l9-.
County Clcrk and ex-o6ci Clcrk of thc Board of County Commissioncrl
AIE
AIE
)
)sr
)
Chairman
v.RECOIW\,mF{TI^TION
ThcPlanrringCornoirsionrecommcndcdAPPRoVALofthePtoDosedSpccialUseasa
pur of a Commcrc#ilfi;;;iet Usc ;ji, Jbj* to th; roUowing conditions of
approval:
l.Allproposalrofthcrpglicurt:T!'bconsidcrodgonditionsofrpprovalunlcss
sutcd otherwie uiiuli"tta of County Cornnissioncrs'
Thrtthoepplicrntberequircdtoputicipatoonaproportio.la.:ei}erctbasisinthe
improvcmcntorrusiilitil;fti$-tjiili.'*tJ,rruif
thcgotttvcstablkhcs
an improvcmcot progr.; d,;ios t[. a* or-ji*u on the associated property that
is noitica to a nonconforming usc'
rhrtdrvchicr*"*fl?fry5l#l:lrlffi ,T,'f#Jf"gffiti*"..H#iil:t2 intcpoctioo mrth 9f e!-1tll'^"T:1P:::.'.T;-;;.;; io, .*.tt to the sitc,
vehiclct will usc tu;i;;-rcit lli/Hury {z ilalscction for t
cxcept for saftty pttpottt J'e to thc lcngth of vchiclcs'
ThatulyofftcostructurcsmectthelggaUniformBuildingCodercquircmentsfor
tU.-tYP" of occuPulcy ProPoscd'
ffiffii*tld#iiiffi-mffi'ffi'Ot or**t. Any modiEcation of thc Con
rnodification otu,e sEiliii" e.n"r1,,il;gha; applicable p'ocsrs in existencc
;-,lt ti;" of any ptoposcd modification'
4.
6
o
t
GARFIELD COUNTY
a u rl6i i e- i, r't o P tn NN'I'G
Deccmber l, 1994
Joc Jamrnaroa
PO Bor t63l
Li.nrrooa Springs' co E1602
Dcar Mr. Jarnrn:rron:
Basedonyour||n|lg4letcranrlthcattschedletterlroraK.R.Weutbcrly,Westcrn
Mobilc, I coscun ,h;;;;il;, "f *,iriv tJO) vehicles ttit-t-r outside oi tt'" main building
is a rcasooaure ri,ir ioJo-ooi"onformirry u* on your property' This docs not p:cvent'
so,,eooe lroo requeil;;;;;iine o, tffi;#;'it' tr'"t rnav allow lor an incrcasc tn
this nraxinum'
lfyouhavealyfurtherqucsdonsaboutthisissue,leelfretocullorwritetothisollrcc.
Mark L. Betn' Director
g;Ung and Planning DeParurent
ItLBi mb
GLENWOOO SPRINGS' coLoRAOO 61601
. ^^
otlJ C?O gET Cl llTC init
o7'
.: oa(J?t?'F2q'(i?1'?n5'7972
#i*/-r/*
o
AARF,E|0 COUNTY
aullrlna AirD P,.arfl"'vo
Noveurber 2,lW
Joc Jammaron
P.O. Box t63l
Glcnwood SPrinP, CO 81602
Dcar Mr. Jammaroa
Aflcr rcvicwing your octobcr 2t, 1994 lcttcr with thc couoty Auorocy' wo both agre &et thc
propolcd'truex r"d;;;"int*"rroli"iilitv with ornco could Lconsidcrcd eusethat
,cxhibits an eq.al o;G;ra.g*oroon*iioroity,, than thc prwious aonconfordng use'
our dcrcrmination ;-brr.d oI **, timitations your futurc r"it r necds to considcr bofore
rcnting thc ProPcrtY'
wctcrn Mobile,s buincss otfrccs and repair facility hada.timited amount of outsidc storagG
-of vchiclcs. rr' arcpair facility, *" 'ou'L it"t trrere witl bc a ncd to storc vchiclcs thrt the
comprny is rcpairing. Bascd o-n 1y ,rr*,;' thc* did not cY aPpcsr to bc mott thEtr tcn (l 0)
trucks parkcd ortOt oiihc facility. U;bt someone can dcrnonstratc thrt thcrc wcrc morp
than thcn 0o) vcuiclcs rtored onrhc rrofrr,i*,-1,-T:st bcucdas 8Er:riButrr forthc
proposcd ocw u!F. Actditionally, yoo' nt['iiiii*ur nccd to bc rurc that ell ligbtltrg k directcd
inro thc props*y ana ,fr.r ro.rnOi Oo noi"-iiitc Ucyona tho property bouadary' Ag you are
8w're, ttrc wcstuani;;;;.. t'"0 tI'* piiirt'it wittr iho w.stcrn Mobilo opcration'
;;;ii-,1"y staficd opcrating under sirnilar pararnetcn'
If your new clicnt c8n oPcfatc within thesc paramclcrs'.wc feel rhat thcy would be within thc
orovisioos for a crrurgc in l nonconno*-ir.-s ;. If you havc any questiont prcasc fel frcc to
call or writc !o thir offrcc'
Mark L. Bcan, Dircctor
Building and Planning
MLUsa'
lOgrTH STREE', SUTTE 303
:
u*s 21 2tc2$ 5s7 I nS &797 2
2
ALENWOOD SPR'I'OS,coLoRAOO Slcql
llll.*t v I zot3
lnterMountain Eastba nk Property
File Notes for Carey Gagnon 4,S.-*1
I agree with most the things included in the February 26,2013 letter from Chad Lee of Balcolm
& Green. The SUP established by Reso 97-92 does specifically apply to this property as he
points out. He attempts to combine all the historic uses of the entire parcel to the existing
uses rather than separate the distinct 2 sets of uses covered in the SUP. He also attempts to
cloud the actua! sequence of events and also leaves out some information that is in our files
and should be in B&G files. ln fairness, he did not review the entire county SUP permit and
code enforcement files. He is also working hard for his client.
Possible review items tagged with a sticky note in the file are as follows:
L. Reso 97-92 page 2 of 3ltem 5 under the NOW, THEREFORE establishes two separate
approved uses for a portion of this parcel. One being the storage of heavy equipment
(Gould Construction) and nonconforming uses outlined in Mark Bean's letter Dated
November 2,1994 and December 1,1994 (truck repair businesses).
2. These separate uses are better defined on page 2 last paragraph of the staff report
presented to the BOCC on 6-2-97.
3. Both these uses are conducted on the on the site plans submitted with the Ctpplication.
4. Minutes from the BOCC meeting on 6-2-97 do not add much, but do reference the 2
uses.
5. This parcel has been the subject of code issues in the past. Then Code Enforcement
Officer Steve Hacket in 2005 communicated with B&G for,mrJcty'the *arne alleged
violation we are discussing today. I do not know *h"W*tr{trffiI3[fh" time, but
due diligence research is the owner's responsibility to do if it'is a new owner.
6. A different land use permit for the larger parcel associated with these parcels was
submitted for review by Community Development. The existing uses of the two smaller
portions of this larger parcel were discussed but not reviewed in depth only to say what
these adjacent uses were.
The option of letting the existing use grow without additional approvals is not a good option.
Mr. Lee does offer to get the required land use permits for the existing uses on the property.
Based on a recent site visit, it would appear the historic truck repair use outline in Mark Bean's
letter of December L, L994 and approved with the SUP and Reso 97-92 has been surpassed. lt
would appear the owner of the property would need to amend the existing SUP to include the
storage of the many dumpsters and other miscellaneous items presently stored on the
property. They should also include any present or future anticipated uses in their application.
Community Development
108 Sth Street, Suite 401. Glenwood.Springs. CO 81601
March 4-2013
Chad J. Lee
Thomas J. Hartert
Ralcomb and Green P C
P.O. Drawer 790
Glenwood Springs, CO. 81602
(via Email and USPS)
RE: Inter-Mounta in/Eastbank Property
l)ear Mr. Lee
Thank you for your February 26,2013 response to Ms. Eastley, regarding the property and uses located at
3927 CR 154. While your correspondence describes the historical use of the property and present attempts
to clean up the site, it is the County's opinion that there is still a discrepancy between your definition of
current activities, those permitted under the Special Use Permit ("SUP"; issued n 1997 (Resolution 97-
921 and the County's Unified Land Use Resolution of 2008 (*ULUR"). Based upon these documents the
subject property is currently not in compliance with the approved SUP and the LILUR.
Resolution 97-92, issued to Joe and Geraldine Jammaron and Mark Gould, permitted only storage of
"construction related vehicles" as well as the non-conforming uses agreed to in letters exchanged between
the County and Mr. Jammaron. Site plans submitted with the approved SUP application specifically
indicate a2.46 acre site in the southem portion of the property to be used for the construction equipment.
Correspondence between the parties included in Resolution 97-92 clearly defines the non-conforming
uses as "truck repair" (not more than 30 vehicles stored outside of building) and "office space" located on
the remainder portion of the property. The County does not believe this Resolution or correspondence
implies recycling is a "natural" extension of this repair activit5/," nor does it address storage of dumpsters
and 'transloading of materials" that exist as uses on the property today.
Your letter explains that, on occasion, full containers are brought onto the property for overnight storage
when it is too late to deliver the materials to a landfill. These containers are then promptly removed as
soon as possible when the landfill opens. "Transloading" is defined in your letter as transferring waste
materials from a collection vehicle into a larger roll off container. The waste materials are "top
compressed" and staged on the site until the larger container is full and then shipped to a recycling and
waste facility in Denver. Based on your description of current activities and our review of the ULUR,
these uses fall within the County's definition of a Solid Waste Transfer Facility as follows:
Solid Woste Transfer Facili$. A facility at whichwastes, qwaiting transportalion lo a dispctsal site and
facility, are transJbrredfrom one collection vehicle to another.
Furthermore, correspondence in April of 2005 between the County and your office on this same subiect
and property shows that the County had made similar requests to bring this site into compliance. Civen
the County's understanding of past permitted uses and the present operations, this property is out of
Garfield County
Office: 970-945-8212 Fax: 970--384-3470
compliance with the approved SUP and the ULUR. We ask that your client take immediate action
remedy these land use issues.
Staffwill gladly address any other questions you have on this matter and assist in scheduling a pre-
application conference at your earliest convenience.
Code Enforcement Officer
Community Development
Garfield County Administration Building
108 Eighth Street, Suite 401
Glenwood Springs. CO 81601
Fred Jarman, Building and Planning Director (email)
Andy Schwaller, Building Official (email)
Carey Ga$on, Assistant Coun8 Attorney (email)
Dan Kirkpatrich lnter Mountain Waste and Recycling
Scott Eden, Inter Mountain Waste and Recycling
Robert MacBlegor, Dunrene Group
file:f,rcoa" Enforcement\Complaints-Site VisitsU0l3\Eastbank LLC 3927 CR 1s4\StaffRE B&G Memo final 3l-l3.docx
Guffield County
June 25,2013
Balcomb and Green P.C.
c/o Chad J. Lee and Thomas J. Hartert
P.O. Drawer 790
Glenwood Springs, CO 81602
DELIVERED VIA EMAIL and USPS
RE: Inter-Mountain Operations on Eastbank LLC Property (Parcel# 2185-353-04-001)
Dear Mr. Lee and Mr. Hartert:
County Staff has reviewed the documentation provided in your April I l, 2013 letter addressing current
and historical uses on the Eastbank LLC property. Based on that correspondence as well as the file
documents for the Special Use Permit issued to Joe Jammaron, located in the Community Development
Department, the County believes the existing Inter-Mountain operation, as defined below, is a legal
nonconforming use on the Eastbank LLC prope(y. The documents that support this determination are
Resolution 97-92, and conespondence between Planning Dir€ctor Mark Bean and Joe Jammaron
(Exhibits A-E). The intent of this letter is threefold: (l) to memorialize the history of the uses on this
property; (2) to point out how changes to the Unified Land Use Resolution of 2008, as amended
("ULUR") affect what is considered to be a legal nonconforming use; and (3) to clearly identifu those
uses that will be allowed to continue as legal nonconforming uses.
Late 1960s-1970s.
According to documents in the above referenced file, in the late 1960 and early 1970s this site was owned
by Joe and Ceraldine Jammaron. The site contained a mineral (graveUconcrete) extraction operation
which included a concrete batch plant with numerc)us cement mixers, cement transports, gravel hauling
equipment, concrete pumping units and support vehicles on the property. During this same time period,
the properlry also had on-site facilities that were used for vehicle and equipment repairs related to the
mineral extraction operation. The presence of a repair shop and vehicle storage was documented in
correspondence between the County Planning Department, Mr. Jammaron and K. R. Weatherly, manager
of the mineral extraction operation.
These historical commercial uses and operations on the property were in existence prior to the County
enacting land use regulations and therefore were legal uses at the time.
1994-1991.
In letters from Planning Director Mark Bean, the County acknowledged certain legalnonconforming uses
on this properly as being "an equal or lesser degree of non-conformity that the previous use." In addition,
Condition #5 in ResolutiongT-92 (Exhibit A) issued for the Contractor Yard on this parcel, refers to those
nonconforming uses agreed to by the County Planning Department and the property owner, Joe
Jammaron. ln 1997, a Special Use Permit was issued to Joe and Geraldine Rae Jammaron and Mark
Gould to allow storage of construction related vehicles on a portion of the subject property. The
Page 1 of 3
remaining portion of the property was recognized as legally nonconforming. Tho entire property was
zoned A"/1, AgriculturaVlndustrial at that time.
August 5,2005,
As hescribed in a letter dated August 5, 2005, from the Balcomb and Creen law firm (Exhibit F) there
was a meeting between representativos of the firm and the County's planning department that resulted in a
mutual agreement that Rocky Mountain Disposal's operations, that were on-site at this time, were
substantially similar to and less intense than historical uses of the property which tJrereforp classified the
Rocky Mountain Disposal (RMD) operation as a legal nonconforming use. As part of this document, a
limit was placed on the operation to pennit no more than thirty (30) commercial vehicles and those uses
attendant to the operations of RMD. As described in an April I I , 201 3 lefter from Chad Lee of Balcomb
and Green, the operations under the current lease holder, lnter-Mountain Waste (lMW) and Recycling,
are substantially similar to those associated to the RMD operation. In fact, the letter stated that IMW
cunBnt operations are less intense than the previous leaseholder because IMW has fewer loaded
containers on-site and no longer allows public drop offof recyclable materials. The County supports this
finding.
October 13' 2008.
Prior to the County's adoption on October 13, 2008, the County's land use oode allowed for non-
conforming uses to be changed so long as the change in use was "an equal or lesser degree of non-
conformity" than the previous use.
Upon the adoption of the ULUR in 2008, however, the requirements for legal nonconforming uses
clianged. Sections 10-102 and 10-103 of the 2008 ULUR state that a non-conforming use may be
continued and normal or routine maintenance of the structure containing a nonconforming use shall be
permitted so long as the use is not enlarged, expanded, extended or altered as defined in Article l0
(Exhibit G).
Present.
Given the historical use of the Eastbank LLC propefly, (f.k.a. Jammaron properly or a.k.a. Western
Mobile site), the Count5l's previous recognition of the uses on-site as legal non-conforming and the use
being substantially similar but less intense in use than those prior to 2005, Garfield County recognizes an
3.9 acres site (as shown in the Exhibit H) to contain the following legal non-c,onforming uses:
Overnight storage of covered waste containers staged for transport to local landfills the next day.
"Transloading" recyclable materials (transfer of recyclable commodities) from one container to a
larger container and stage{ for shipment to a recycling/processing facility.
Storage of no more than thirty (30) commercial vehicles associated with Inter-Mountain's
operations.
Outside storage of containers and equipment associated with Inter-Mountain's Operations is
limited to 100 commercial dumpsters, roll ofl compactor or recycle container units and 100
residential trash or recycle containers.
There will be nb waste (putrescibte materials) stored or transloaded at this site.
There will be no public access for disposal of recyclable commodities and trash or processing of
recyclable materials.
Storage of recreational vehicles (including boats, travel trailers) or temporary structures used as
living quarters are not permitted.
Any uses or storage of items not listed will not be permitted.
o
a
a
a
Page 2 of 3
Current and future uses shall be contained within the area designated on the site rnap as shown in ExhibitH. Any change in use will be subject to the land use code in effect at the time of the change and may
require a Land Use Change Permit.
Pursuant to Sectiott 10-106.A.1 of the Unified Land Use Resolution of 2008, as amended, any legal
nonconforming use that is discontinued for a period of six (6) months or more as a result of causes within
the control of the property owner or their agent shall be interpreted as abandonment of the use and will
immediately terminate the right to continue these nonconforming uses. Expansion, enlargement or
change in uses will also terminate the right to continue the nonconforming uses.
Failure by the County to provide notification of a determination of abandonment or termination shall in
no way entitle the property owner to continue or resurne a nonconforming use determined to be
abandoned or terminated under provisions ofthe adopted land use code.
Fred Jarman, Community Development Director (email)
Andy Schwaller, Building Official (email)
Carey Gagnon, Assistant County Attorney (email)
Robert Macgregor, Dunrene Group
file:t:\Code Enforcement\Complaints-Site Visitsu0l3\Eastbank LLC3927 CR 154\6-25-13 finalltr RE
Eastbank non-conforming status.docx
Exhibits:
A.) Resolution9T-92
B.) Novernber 2,1994letter from Mark Bean to Joe Jammaron
C.) November 21, 1994letter from Joe Jammaron to Mark Bean
D.) November 15, 1994letter from K. R. Weatherly to Joe Jammaron
E.) December l, 1994 letter from Mark Bean to Joe Jammaron
F.) August 5, 2005 Letter from Balcomb and Green to Mark Bean
C.) Article l0 of 2008 Unified Land Use Resolution of 2008 as amended
H.) Site Map
Gale D. Ca7moiFy
Page 3 of 3
REglectfully,M
Code Enforcement
o
lryfiultil,fffirlt'uffittrp]lilllr
3B
STATBOFCOI,oNADO
ContyofGufldd
)F
)
At r .---.--------rcglar , . hc,ing of tho Borrd of coruty commiuioncrr br (hr0cd currty,colordo, Md il tlrc coouri*imcrrrtr{a*rng Rooo, c.mga cdrry orrt**, L ix**".0 serrqron Mordrf , ,fu *. of o"rot"r' ,_f"O. lgglthrc"*rp"r-,;
Comtigioncr Chrlnrul
Connirdoocr
wtco ttrc foUoutqg proocodirg q odrcrr nrcrc ttd rd dmc, to-wir:
REfl)LUTIONNO. 97-92
A RESOI,(MO{ CONCERNEDWTIHTIE APPROVAL OF A S}ECIALUSEPERMIT FOR rcBA GRALDINE R {E rAIu[,lARON ANDMAIK cot LD
-- WIIBEAS, lhc Bosd of Coutrty Coorcddocn of G.f,dd Cffitr!,, Cd*dq ho ,.od,,!dlpdac.don trolr ro. d oaddnc Rea Jrnmrma ud rrrrre orru t oo* G it n*is.le'.-rc,rrd"r,rdtcd v&idco on rtc follmfig dcrcdbod rrrct of trnd:
Ssc At6otcd: Extdbit A
(h ttc thtc ofColondo rd thc Cousy of &mdd); rnd
WHBBB & ttc Eoud hcH_r_prblio hc@ oa ttc 2nd dey of runc, 1997, upo thc 5rcrdoa of:I*l-t*!ry Spcdrt Urc pcrnir- *irrO bc srldcd'o, a.A+ r ",ii.i-m"iqgr. ntto
ffi1??ff givo tto oppofttritv to osrro ttcir oflrior rqrraiag rtc irelac df nid
- wHEnEAs, rhc Bo.,d on rhc beft of esdrdd @n0*r .',idac prot,ood d thGaOrocmorcO tiling hrr rnrdorhe ftUordng dotqninuioa of tot
l. I$ erppg Uryqqon radpublb acioc *u provirtod u roqrircd by law for rhc hGuirgb6ro thc Boqrd of Couty Conndrrionco.
4 .l
EXHIBIT
IrlfltlltutHl${t!t'$ffi Hqg*,
2. ftI{EhrrLgbGftrtihoBoldofCoutyCmir*nrunrodlndvtlndaompl6c, thlt
dl pcrdoailfi{rr, nltlco ud irsra rtrt srtrrificd rrd rhd dl bcrtltd prraict wcrc hcerdrtrlrlt*iag.
3, ftd lhc rppEodion ir in canf,irncc wirh thc Oddd Couty Zodqg R.robtion of tglt,urdcd.
4, For ttc Oo\E rtrld ud oths rcrsqu, ttc proposod ur i! itr thc bca intcrcd of thc hortilq
llffy. mr[ mruicloc,.ordr,.propcrity rdudfoo ofthG cili!!!! of&rfGld.C.olrry..
NOW, IIIESEFOB$ BB IT IESOLI/ED by 6c Boold of Conty Coonirdoror d(llridd
Cct[ty, Cohndq lh tbc Sporij UsPcrEil tcud trcr*yir artiorizod pcrnittiry thc rno ofttc rbow
dcmribod tnct of hrd br tho *ongo of coduethn rclacd v&id4 rryoa thc ftfiown'S tDaailh
oooditimri
1. Ttrt dl propordr ofthc ryptcrm thll bo coan:dcrcd osditimr of rppmvrl unlor rhrcd
othcrtriFty ftc Bosd ofcotrty Connildou!,
2. Thrt thc eppliorot bo rq&d to padidpd. m I proportianrtc hprA bdr in ttc
inpro\aocc of tho Sfia lfuh*ry A2/CT, tt+ i6.rr.dioo, if rlE Cornt, crtrUirho rn
iryovmt Eogra driry ttr tclm drry louc on tho rrooirtod prop<ty tht ir not ticd
io!mocoofrmhgus.
3, Th.t dI vobiclo loc.trfuE tfghwr!, t2 ftm thc dtc will only urc tlc CR lt{/Ilnry. t2
ifcnaion nsth of tho dtq cccr6 hr utserlu rftry Brpo!.r. Ourlly, rt&lcr will
unth CA E [i€R ll4/ttwy t2 iomcirnbr rmtottc dtc' traef Sr uftiy Frpoa
duc to lt. htr$h oftbc vdhlce
4. Thu uy ofrca ilrunrw Gt t[c 1994 Uoifunn eiHitrg CodG rc$k@idr Sr thc type
ofocorpucy pmporod.
5. Tht ftc Comrncroial prrt Spcdd Ur Pcrit b qfrorcd only fc thc rrorrgc of hcrry
oqr$ffi mdmomr6,nrfq ru rgtod o Ia lcrurro Joc lrmruron dacd Norubtr 2,
1994 lrd Ilcocmbcr I, 1994, ftoo tbl Crfi.ld C{rdy Hrtr[hg Dc0ttt[td, fury
modfodm to [n Cm&rt"trt adgtdoa, udl'llquiit tlio oodiFclibn otrdio $pocilt-
Urc Psaig th(qrgh thc rypuc$L 6occu h rilirtac .t thc tim of aoy pmpoood
rrtdi6cdm"
I
s * o i-0.-ii
D.tGdlhi! ?uh dryof octobcn , A.D. lgJl_.
OARFIBI"D COI'NTY BOARD OF
COMMISSIONERS, OARFIELD COUNTY,
COLOMDO
upmrtdknarlyr.rdord E.oodcd th fo$goitrt Rorohtionwrrrdoptod bythcfdroring voc:
coHursSroilER cH^riHtrl MAnltil r. SHITH ATE
IIEIIE
EIIII' 'r'
ffim***ffi
ixflrl"i,il,.!:li:iiltixr judrilii:ft iliiili,l:
:u.,Ili::iilliiilifiiiifiit.l..ii."ii.ili :it;.!.tr
r;liri,:{i;;i,i;fu *ijljir,iiT{ii$[iitrri,,,..".,
ATIEST:
;
'lH'lljT"'lrl::, *i**:.:
.llt*:fi:iirir,:r;rti{i,ii;fiiii+ .,rrro xolth lisG 8-tha c.otarlln. oflf. rlana irit ^--t{,thcnca
tr-zo.0tr L rlonololnt ol lrgllnlnil*,:i"i:"hil:,ii"iill,ti h N.l.at to
trgAa 0r
'l o
o OARFIH.D COUNrY
BUILOO,ra AND P'A'IN'NC
Novcmber 2,lX)4
Joe Jammanon
P.O. Box 163l
Glenwood Springq CO 8td02
Dcar Mr. Jammarpn:
Allerrcvicwingyouroctober 2E, t!l!]f lctterwith thcCountyAuorney, urcboth agtpthsttho
propoeed "ltuck rcpair and maintenarc' facitity with ofiiccs could beconsider€d a usc thatlerhibils rn cquat orhsser dcgreof nonoonformity" lhan thc prwious nonoonforming usa
Our determin0tion is bascd on somc limitations lour futulc rcnler noeds to consider bcfotr
rcnling thc propcr.ty.
Wclern Mobih's busincss ollits and reJnir facility had a limite4 amount of ortsidc rtorage
of vdticles. Asa reJmir thcility, weastumcthat thcre will bc r ned to storc vdriclcs that tho
compnyisrepiring. Be*donmymcmory,thercrtidnoteverapprrtobemorethantcn(t0)
trucks porlod outside of thc facility. Unhs someone can dcrnonornrb thar there urcrc more
than then ( l0) whicles stotpd on the lropcrry, lhat numbcr will bc usd as a madmum for the
propotorl new u8e. Attrtilionally, your nsrv client will ned to bo sure that all lighting is dirmtd
inlo the propcrty and ftat sounds do not cmrnats beyond the propcrty Uounaarv. as )a1u are
sware' thc Wcctbank homeowncrs had somc probhrm wirh ihe Wcstcrn Mobiie opcrldon,
until thcy startcd opcraling undcr similar par.rmctcru.
lf your netv client c.n olrerirte within thesc paranrctcrs, we fcl thar they would bc wirhin the
provieions for a change in a nonconforming use. tf pu hare any questiono, plea.w hel fie !o
crll or wriG ro this offrce.
Mark L. Bcan, Diretor
Building and Planning
MLB/ea
,@rtH sIeEEr, SUrrE 9@ . U*rt?ti2slfltni'0E.frz, otEtul,utooD spffrrros,EXHIBIT
et
Joe trnmaron
PO Eox 163l L. -. .. . . 3.Blttrxood grr.rngrq CO Al6Og?l ibvrnbrr. 1994
ilar lt Ee.rnDlr. Olrflettt Co Bulldtng & plrrrntr.4lleg Brh'8r.
Olanrooct Sprlngr. CO gl6el
Dcar ]lr. Bclnr
Tt:r rr.dlng your rottrr of ? r{ov.r t99{r r fort thet yo.urctlratr of trn (to) truclr.perled ar lgrraf- rsa Rod'a; 6;-extrcruly lor.
r nroto r lrttor to x.R. rbrthoty; t{utrrn ilobtr:,r vrcEPrcrldrnt rnd Tt. ernagGr (copy irrrlosrd) rrktrrg forlnforantlon on thall. opirrtlon.
Ar you c.n r.e by hll r..Foncc (copy rnclorcdtr thry rt Gtacrhrd eround ciehty truckr Lhrrt.
I da noG fc*l tha0 arry- nr$, burl noss noultr rred Ghlr rmuntrnd rculd ltko to rugirrt r mxlr'..o of tnrity (gor v.trrctcrba rllonetl.
thanl.' you for your conrtdrraDlon o.. thlr oatttr.
Slrrcrrlyl
. l$ttr2trr
r-rfGtDCqffiy
SP% WesternzN tvbtib
Novernber 15, 1994
Joc Jammamn
P.o. soi toll
Glenwood Springs, CO. t1602
t}car hfu.Iammaron;
In responsc to your request for information on thc numlgr of trocks ard other eguipment
'that rryp storcd at3927 County Road 154, I hop. thc follorying information will bc of hclp.
During the 1970s and l98(h rrye had r total of 50 mixcr trucks, I 8 crment transports, I
gravel hauling units,6 ooncte& puroping units and aumsrora suppod vehiclce. Normrlly during
thc wintcr monlhs mqrt of thcse vchiclcs werc parkd at this location. During ths summcr
months they would bc in and out irnd moved to othff compony locatim as nedcd. During the
l9!)0r wc have reduccd orr 0oct by approrimuely 20 perccnt
If you nccd any more informuion pteasc do not hegitate to cell.
Rcspecrfully,
...'\.1r"i'./;l!i'dJ*L( ,
K.R. Wcatherly
Arsa Manager
KRwjb
oIot
Wasnm iiatils is ut Equa,l 0wfiunity Eorlopt
lh.rtwt fr
crrrnood Spgr. C&nlo 815w.*,,t1
Fafi-9li.t$Z
ffilsn
D
GARF'ELD COUNIY
Deember I, l9!ll
Jos Jammaron
PtO Box l63f
Glcnwood Springs, Co StO02
Deur Mr. Jammuron:
Basd on your llDlEA lstter and the attachsl tetrcr from K.R. rryerthorln Wocrcrn
Mobils, I concur that a muximum of thirty (30) vehicle $ored outsklc of thc moin building
is a rcatonable lirnit for a nonoonforming use on your property. This does not ptpwnt
$oIIBone from rquestinS a rmning or lrnduse pcrmil, that may altow for an incrcasq in
this mrrimum.
lf you have any ,brthcs qu6:tion$ abour this issuc, tbd IiE- to call or wite ro rhb olfrce.
Sinercly, /
7nad4rt4+-
Mark L. &an, Dirsclor
Building and Planning Dcpartrncnt
MLB/mb
EXHIBTf
t00 0TH STREET, 8rr[E 30lt 9/13{21 2102&6671 1285.?972 OLENWOOD SPRINOS,
Eoyr^Fo MULHALL, JR.
Scorr BALCoMB
LAWREI{CE R. GREEIT
TlMorHY A. THuLsoi
OAvto C. HaLLroRo
CHRTSToPHER L. CoyLE
THoHA3.J. HAnTEiI
CHRI9"o?HER L. Gg€En
ANNE MAFIC MCPHEE
SAITA M. DUNN
OANTGL C. W€NNooLE
Bar,ooatrB & Gnnrcu, P. C.
ATTORNEYS AT LA1Y
P.O. DRAIITER ?EO
ATA COI,ORADO AVENUE
GI/ENIYOOD SPRINGS, COIJORADO a r6()?
?ELEPItONET 9rO.9{5.654 O
FACSIlttILE: 9?O.945.89O2
www,balcombgreen.com
August 5, 2005
Or CouNsELi
KENNS?H B&coM!
JoHN A. THULlor{
SPECra Couf,sEL:
WaLTER O. LowRY
VU IAND DELIVERY
Mark Bean
Director of Community Development
Garfield County
108 Eighth Street, Suite 201
Glenwood Springs, Colorado
RE: Eastbank, LLC/cozy Point, Lp (a/k/a "Jammaron parcel") - special usePermit Issues, Meeting Understandings and Confirmation (Rocky
Mountain Disposal/[tyder-B udget)
Dear Mark:
This letter shall describe and confirm, based on our discussions of last week, our
respective mutual understandings of the status and required actions with respect to the
above-referenced parcel.
Let rne begrn by expressing my clienfs appreciation of the Planning Departmenfls
cooperation with these matters; in particular, the willingness of you, Steve Hickett and
Ron Van Meter to spend time to cooperate with the property ownei and resolve issues.
Rocky Mountain Disposal ('RMD") has, since assuming the leasehold interest in the
historically "commercial" upper area adjacent to Counry noia 154 from the prior tenant,
Hanson Equipment (i) had the APS portable toilets user removed from the iite, and (ii)
substantially improved the overall function and appearance of the site. As we agreed'ai
our recent meeting after a review of the site's background, file, correspondence and-Special
Use Permit, RMD's current use is substantially similar to the historical non-confoiming
uses at the property and, therefore, will not require additional processes. A maximum of
thfuty (30) commercial vehicles and uses auendant to the operations of RMD will be
maintained.
Ber,ooMB & Glnrnu, P. O.
ATTORNEYS AT I,AW
PAor 2
However, the sub-let tenant user, Ryder-Budget Rentals, has been determined to
exceed the parameters of the permissible uses. I have made multiple inquiries of my dient,
prior tenants, RMD and others in an attempt to understand how and when Ryder-Budget
came to operate at this location. Apparentln Hanson Equipment agreed in December ?.002
to such a subJet. fui initial "term" (although I am unable to locate any legitimate sub-lease
agreement) of six months was established, with a "...90 day written notice to terminate...".
My client has no privity of contract with Ryder-Budget. Any claim of subJet inherently is a
claim through and under the primary lease which was Hanson's and now belongs to RMD.
The RMD lease provides that subsequent zoning determinations are a basis for leasehold
termination.
I have attempted to contact Ryder-Budget with notice to vacate the premises. It
appears I will need to serve such notice physically at the site to be certain we have
commenced apptopriate ejectrnent processes. I will complete this no later than next week,
if that is acceptable to you. At a minimum, I will demand that Ryder-Budget cease its
"leasing" activities at the site within the next 30 days. In the event Ryder-Budget is unable
to entirely relocate its equipment and materials within that same time frame, I will keep
your office (or Mr. Van Meter, if you prefer) apprised as to exactly when the user has
vacated.
Please contact me with any questions or concerns regarding the foregoing. In the
event I have not clearly confirmed the status and understandings discussed herein, I
request that you inform me at your earliest convenience.
Very truly yours,
BALCOMB &
and Property Manager for
Dunrene Management, Inc.
TJH:sklPc: Robcrt Macgregor
Mike Maple
Ron Van Meter (Garficld County Zoning Compliancc)
Rocky Mountain Disposal (ATTN: David Sanders)
By:.
Anrrcre X
NorucoruFoRMllto Lnruo Use
Tnale or Courerurs
sEcTloN 10.101 AppLtcABtLrw........... .......................1
SECTION 10.102 CONTINUATION OF NONCONFORMING LAND USE.........,.....1A. Nonconforming Structure ,....................1B. Nonconforming Use. .........'l
SECTION 10.103 ENLARGEMENT OR ALTERATION OF A NONCONFORMING
LAND USE.......... ....................{A. Enlargement or Alteration of Nonconforming Land Use Prohibited. ............... 1B. Permissible Alterations of Nonconforming Land Use............,.,.......................2
sEcTloN 10-104 CHANGE OF A NONCONFORMTNG LAND USE.......................3
SECTION 10-105 DAMAGE OR DESTRUCTION OF NONCONFORMING
STRUCTURE OR STRUCTURE CONTAINING A NONCONFORMING USE.....,......3A. Structure Deemed Destroyed... ...........3B. Structure lntentionally Damaged or Destroyed. -......,........ ..........3C. Permit Review Required. .................,..3D. Restoration of Structure. ......................3
SECTION IO-{06 ABANDONMENT OF A NONCONFORMING LAND USE..........4A. Determination of Abandonment. ......,...4
SECTION 10.107 NOTICE OF TERMINAT]ON AND RIGHT TO BRING
ENFORCETUENT AGT1ON................ ...............,.4A. Written Notification. ..........4B. Rightto Bring EnforcementAciion.........,....... ......,..5
GIRRELD CouT,Iw UuReo LIro Use RESoLUTIoN oF 2008, As AMENDED
(This Page Left Blank lntentionally)
GARFTELD Gouurv UilrFrED LAND UsE RESoLUTtoN or 2008, As AiTENDED 10-ii
ARTCTX
NONCONFORMING LAND USE
1O-101 APPLICABILITY
SECTION 10.101 APPLICABILITY.
The regulatory provisions of this Article shall apply to all permitted land use, including
divisions of land and signs, that do not conform to the applicable use regulations of
this Code as a result of either the adoption or amendment of this Code, or a final
administrative or judicial decision precluding the County from enforcing his Code
specific to a use on the basis of estoppels, laches, or waiver.
SEGTION IO.1O2 CONTINUATION OF NONGONFORIIING LAND USE.
A nonconforming land use may be continued, and normal or routine maintenance
shall be permitted, in compliance with the regulatory provisions of this Article,
A. Nonconforming Structure.
Unless othenrise prohibited by the provisions of this Article, a nonconforming
structure may continue to be occupied.
B. Nonconforming Use.
Unless othenrvise prohibited by provisions of this Article, a nonconforming use may
be continued and normal or routine maintenance of the structure containing a
nonconforming use shall be permitted. Normal or routine maintenance shall
include any maintenanoe or repair which does not impermissibly enlarge or alter
the structure containing a nonconforming use, in compliance with the provisions of
Section 10-103, Enlargement or Altention of a Nonconforming Land Use.
SECTION {O.IO3 ENLARGEMENT OR ALTERATION OF A NONCONFORMING
LAND USE.
A. Enlargement or Alteration of Nonconforming Land Use Prohibited.
The right to continue a nonconforming land use terminates immediately when the
nonconforming land use is enlarged, expanded, extended, or altered in any of the
following ways, and the property owner does not successfully pursue any of the
options specified in these regulations at Section 10-107, Notice of Termination and
Right to Bing Enforcement Action.
1. Enlargement or Alteration of Nonconforming Structures. Unless
othenrise allo'ared by provisions of Section 10-103(B) below, the
alteration, repair or enlargernent of a nonconfurming structure in any
which would increase the degree of nonconfurmi$ with respect to the
floor area, setback or height regulations of this Code.
2. Addition of New Structure. The addition of a new structure containing, or
accessory to, the nonconforming land use.
3. Enlargement and Alteration of Conforming Structure. Unless otherwise
allowed by provisions of Section 10-103(B), the enlargernent and
alteration of a conforming structure containing, or accessory to, a
nonconforming land use, including an increase in floor area, an increase
in height, or any other alteration or improvement in excess of normal or
routine maintenance of the structure that increases the nonconformity of
the use and which violates the requirements this Code.
Ganrtelo Counrr UmHeo LAND UsE RESoLUTEN or 2008,ns AMENDED t0-1
ARrrcLEX
NoNcoNFoRljlltHc LRtro Use
1 O- 1 03 ENLARGEMENT oR ALTERATION oF A NoNCONFORMING LAND USE
4. Enlargement and Alteration of Land Area, Enlargement and -alteration in
the land area occupied by the nonconforming land use, unless the basic
nature of the use, at the time it became nonconforming, clearly indicated
or contemplated such an increase or alteration.
5. Enlaryement and Altention Creating a Hazad or Nuisane. Any
enlargement and/or alteration of the nonconforming land use which has
the effect or threatened effect of creating a hazard or nuisance on or off
the property, of adversely affecting the character of the neighborhood, or
of intensiffing the use of the land or its need for services.
B. Permissible Alterations of Nonconforming Land Use.
The following shall not be considered prohibited enlargement or alteration of a
nonconforming land use.
1. Change in Ownership. A change in ownership of the property upon which
the nonconforming land use is located.
2. Alteration Requircd for Puhlic Health and Safety. An alteration or
expansion which the Chief Building Official determines to be necessary to
rectify a hazardous health or safety situation, or to comply with the public
health or safety requiremants of another governmental entity having
lavuful jurisdiction over the structure.
3. Alteration Required by ADA. An alteration or oxpansion necessary to
comply with applicable accessibility Codes and/or Statutes (Resolution
2010-26).
4. Extension of Nonconforming Use Within the Structure. An extension of
the nonconforming use within the structure containing the use, provided
that such extension is not accompanied by structural alteration identified
in Section 10-103(AX3).
5. Addition of Solar Energy Device. The addition of a solar energy device to
a nonconforming structure or a structure containing a nonconforming use.
6. Routine Maintenance. Any replacement or upgrading of outrnoded or
worn equipment or supplies provided such activi$ does not create a
hazard or nuisance as identified in Section 10-103(AX5), above.
7. Structures Assocrated With Nonqnforming Agricultunl Use. Owners of
legal building lots containing agricultural uses which have become
nonconforming as a result of adoption or amendment of this Code may
restore, modify and maintain existing conforming structures, and may
construct new conforming structures, provided such structures are directly
related to the agricultural use, and provided the nonconforming use is not
enlarged or altered in any other way which violates the Code.
GARFIELD CouI.Tw UNIFIED LAND USE RESOLUTION OF 2008, ASAMENOED 14.2
ARNCU X
NONCONFORMING LAND USE
1 O-1 03 ENLARGEMENT oR ALTERATIoN oF A NoNCoNFoRMING LAND USE
8. Replacement of Mobile Home A mobile home which is a
nonconforming use, or which is authorized by these regulations,
may be replaced by another mobile home on the same lot provided
that the replacement mobile home conforms to the requirements of
the Building Code Resolution of the County, and to the
perlicrmance requirements of this Resolution. A mobile home may
be replaced by a permanent conventional single family dwelling
provided it meets all other site requirements of this land use code.
9. Building on Nonconfoming Lot, A lot legally created prior to this
land use code may be built upon, provided any structure build is in
conformity with all of the other provisions of this code.
SECTION 10-10'l CHANGE OF A NONGONFORMING LAND USE.
A nonconforming land use shall only be changed to a land use which is conforming in
the zoning district in which the use is located. Any change of a nonconforming land
use to another use shall immediately terminate the right to continue the
nonconforming land use, and thereafter the property shall only be used in conformity
with the use provisions of its zoning district.
SECTION 1O.IO5 DAMAGE OR DESTRUCTION OF T{ONCONFOR]IIING
STRUCTURE OR STRUCTURE CONTAINING A NONCONFORTIING USE.
A. Structure Deemed Destroyed.
A nonconforming structure or structure containing a nonconbrming use shall be
deemed destroyed when either greater than fifty (50) percent of its floor area, or
greater than fiffy (50) percent of its actual value (as determined by the Garfield
County Assessor) is destroyed.
B. Structure lntentionally Damaged or Destroyed.
The right to continue a nonconforming land use terminates immediatoly when the
struc{ure containing that land use is damaged or destroyed by an intentional act of
the property or structure owner or their agent.
C. Permit Review Required,
Restoration or reconstruction allowed by the provisions of this Article shall be
subject to the permit requirements of this Code and the appropriate permit review
process as set forth in Article lY, Application and Review Prccedures of this Code.
D. Restoration of Struclure.
\Mten a nonconforming structure or structure containing a nonconforming use is
damaged or destroyed by causes outside the control of the owner or their agent,
the structure may be restored and the nonconforming use may be reestablished.
1. Restoration of the structure must be commenced within six (6) months
after the date on which the structure was damaged or destroyed and
completed within one year after the date on which the restoration was
commenced. Upon approvalby the Board of County Commissioners at a
GanRelo Gounw Uulrro LAND UsE Resorunox or 2{X}8, As AMENDED 10-3
ARTICLE X
Norlcoruronnlttrue LRNo Use
1O-105 DeuRoe oR OESTRUCTIoN oF NoNCONFORMING STRUCTURE oR SrNucrune CONTAINING A
NONCONFORMING USE
public hearing, these times may be extended for a reasonable period
upon a showing of extraordinary circumstances by the property owner or
the owner's agent.
2. A nonconforming structure which has been destroyed may be restored to
its original location, floor area, and height provided that such restoration
complies with the current provisions of the Building Code.
3. Reconstruction or restoration of a structure located in the Floodplain
Overlay District shall comply with applicable design and construction
requirements for land use in a Floodplain Oveilay District, set forth in
Section 3401 of Article lll, Zoning.
SECTION 10.106 ABANOONMENT OF A NONCONFORi,IING LAND USE.
The right to continue a nonconforming land use shall terminate if the land use is
determined to be abandoned.
A. Determination of Abandonment.
'1. A nonconforming land use shall be determined abandoned if the use is
discontinued for an uninterrupted period of six (6) months or more, as a
result of causes within the control of the property owner or their agent,
unless the use is governed by Section 10-105 (DX1).
2. A nonconforming land use may be determined abandoned if the use is
discontinued for an uninterrupted period of less than six (6) months if the
property owner expressly states an intent to abandon the land use, or
engages in action which unambiguously expresses an intent to abandon.
SECTION 10.107 NOTICE OF TERMINATION AND RIGHT TO BRING
ENFORCEMENT AGTION
A. Written Notification.
ln the event that the Director receives information thal the right to continue a
nonconbrming land use has been or may have been terminated, the Director shall
provide a writlen notification of this determination by certified mail, return receipt
requested, to the property owner, and to the parcel address, all as shown on the
records of the County Assessor. The property owner shall have thirty (30) calendar
days after the date of the notification within which to provide evidence satisfactory
to the Director to show that the determination is in error, to abate the illegal
enlargement or alteration, or to file an appeal of the Director's determination to the
Board of County Commissioners. ln any appeal, the property owner shall have the
burden to show that the right to continue the nonconforming use was not
terminated according to the applicable provisions of this Article, when judged in
light of the history and nature of the use and the circumstances of the alleged
termination.
GARFTELD COUUW UN]FIED LAND USE RESOLUTPN OF 2008, AS AMENDED 104
Anrrcle X
NONCoNFoRMING LAND USE
1 0- 107 Nortce or TenulnRrroN AND RrcHr ro BRlrue ETToRCEMENT AcnoN
B. Right to Bring Enforcement Action.
Nothing in these regulations shall alter or diminish the County's right to take
enforcement action against the unlawful continuation of a nonconhrming land use.
1 . Enforcement shall be pursuant to the provisions of Article Xll, Enforcement.
2- Except in lhe case of an illegal enlargement or alteration for which the owner
is provided with a thirty (30) day opportunity to abate, any failure by the
Director to provide notification of a deterrnination of termination shall in no
way entitle the property owner to continue or resume a nonconforming use
terminated under provisions of these regulations.
GARFTELD CouNnr UMFTED Lnno Use REsoLUnoN oF 2008, As AMENDED 10-5
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GanRero CouNTy Umrteo LAND UsE RESoLUTIoN oF 2008, As AMENDED 10-6
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Garfield Coun
November 20,2013
Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Offi ce: 970-94-5 -8212 Fax: 970-384-347 0
Steven M. Beattie
Beattie, Chadwick & Houpt, LLP
Attorneys and Counselors at Law
932 Cooper Avenue
Glenwood Springs, CO 81601
DELIVERED VIA EMAIL and USPS
RE: Gould/Jammaron Commercial Park - Special Use Permit Resolution 97-92
Parcel # 2185-353-04-001
Dear Mr. Beattie:
I would like to thank both you and Mr. Mark Gould for frnding time in your schedules to
accommodate a meeting with County staffon October 31,2013, and discuss the operations at
4067 County Road 154, also refened to as the Eastbank LLC property. The purpose of our
meeting was to determine if the cument activities in the area leased by Gould Construction and
designated by the Special Use Permit (SUP), issued in 1997 to Joe Jamrnaron (property owner at
that time) and Mark Gould, were consistent with the conditions of Resolution97-92,T"he
meeting highlighted that it is important to clari$ that there are two types of uses presently
occurring on the property; (l) those which were approved by Resolution; and (2) those which
are "legal non-conforming uses" not conducted pursuant to a permit.
ResolutionNo.97.92approvedaSpecialUsePermit..
and nonconformins user rereed to in letters to Joe Jammaron dated November 2, 1994, and
December l, 1994, from the Garfreld County Planning Department. Any modification to the
Commercial Puk designation will require the modification of the Special Use Permit though the
applicable process in existence at the time of any proposed modification." See Resolution at t 5
(emphasis added). The November 2, 1994 letter foouses solely on the "truck repair and
maintenance faciliry," and the allowance for outside storage of vehicles which the company is
repairing. The December l, 1994 letter states that "a maximum of thirty (30) vehicles stored
outside of the main building is a reasonable limit." Neither these letters, nor the conditions in
Resolution No. 97-92 addresses the storage and processing of materials which have been the
subject of our conversations. Even if the intent was to include in the SUP an expansion of pre-
existing, non-conforming materials storage or processing, the plain language of the Resolution
does not address these uses and cannot be read to include uses not specifically enumerated.
Therefore, the SUP only permits storage of heavy equipment on the southem 2,44 acres of Parcol
2A (Plat record #813402) and a truck repair, maintenance facility with outside storage of a
maximum of 30 vehicles on approximately 3.9 acres on the remainder of Parcel 2A. Please re&r
to the attached map.
This means that other land uses presently occurring on the property must fall into the second
category of "legal non'conforming uses" in order to be allowed to continue without violating the
Land Use and Development Code. The information and historical background that you -both
provided at that meeting was very useful in forming our opinion about Mr. Gould's current use
on the Eastbank LLC property. Staffhas concluded that the current storage and processing of
materials are a continuation of past legal non-conforming mineral extriction uses. It is
important to document the existing uses on the site because the provision of the currently
adopted Land Use and Development Code (LUDC) now disallow thi enlargement, expansion,
extension, or alteration of apre-existing non-conforming land use.
The intent of this letter is threefold: (l) to memorialize the history of the uses on this property;
Q) to explain how revisions to land use regulations over time have changed how a-legai
nonconforming use may continue; and (3) to clearly identifr those uses that will be allowed to
continue as legal nonconforming uses on the Gould construction site.
History of Uses on the Eastbank LLC property
Pqing our meeting Mr. Gould referred to the "proposed use" and history of the site as outlined
in the Land Use Change application submitted for the SUP in 1997. As siated in the application,
the proposed use was ...."to extend a pre-existing non-conforming use". Under tiri section
labeled Industriol Operafions, there were various references to other industial uses on adjacent
properties and to a company called Grand River. Paragraph B of Industrial Operations states*... that adjacent land will be no more affected by the above (i.e. impact from vapor, dust,
9mo!e, e!c) than by the fonner tenants, which used the land in the same manner as proposed
herein." Based on references within the application it seems the former tenant was Grand River.
Mr. Gould explained that Grand River was a road construction company that processed materials
and used an asphalt batch plant in its operations. It was Mr. Gould's contention that his
operations currently are and have always been very similar to those of Grand River without the
batch plant, therefore a continuation of a previous non-conforming uses and with less impact.
Changes to Nonconforming Uses from lgZB to present
Under Section 7.07 of the 1978 Zoning Resolutiory changing from one nonconforming use to
another was permitted so long as the new use was "...considered to exhibit an equal o, l"sset
degree of nonconformity than the existing use..." Ifthe nonconforming use was discontinued for
6 months, future uses must be in conformity with the zoning resolution.
The Unified Land Use Resolution of 2008, as amended OLTIR), did not treat changes to a
nonconformity the same. Under Section l0-103.A of the ULUR, any change including
enlargement, expansion, extension or alteration, of a nonconforming use to another would
immediately terminate any right to continue a nonconforming use. [f a nonconforming use or
sfructure was abandoned or discontinued for 6 months all rights to continue the non-confonning
use would be void.
The most recent revisions to nonconforming uses axe addressed in Article 10, Section 103.4. of
the Land Use Development Code (LUDC) adopted on July 15, 2013. Under this code, a
nonconforming use terminates if the landowner expressly states in writing to the Community
Development Director, if it is abandoned or discontinued for 2 years or if the use is enlarged,
expanded, extended or altered.
These revisions to Garfield County's land use regulations are significant to Gould Construction
operations on the Eastbank LLC property. When Gould Construction received a Special Use
Permit (SUP) in 1997, the cornpany was operating under the 1978 T,oning Resolution which
allowed a change in nonconforming uses so long as it exhibited an equal or lesser degree of
nonconformity than previous uses. There is no record whether the nonconforming uses at the
Gould site had ever been abandoned or discontinued. Mr. Gould states his operation has not
changed and has been in continuous use since 1997. Therefore, current uses will be considered a
legal nonconforming use under previous and present land use regulations.
Current Uses and Conditions
Based on the representation made by Mr. Gould, County Staff has concluded that storage and
handling of materials (soils and glavel, sorting and cleaning) are legal non-conforming uses that
have been in place since Gould Construction occupied the site in 1997. These operations will be
allowed in addition to the uses permitted specifically by Resolution 97-92 (attached) as discussed
above.
In order to memori alize the parameters of operation for the aforementioned legal non-
conforming status please provide the following information. These documents and this letter
will become part of the Jammaron/Gould Special Use File to ensure that this operation can
continue to operate as a legal nonconforming use.
1. Detailed description of existing uses.
2. A sealed survey of the 2,44 acre site used for this commercial operation.
3. A site plan indicating location of various operations and storage of materials or
equipment.
4. Sealia engineered plan addressing Best Management Practices for stormwater control
and details relating to erosion control devices, spill containment atrd river protection
methods.
The legal non-conforming uses shall be contained within the area designated on the site plan
provided by Gould Construction. Any change including the , expansion, enlargement, extension
or alteration of the uses will also terminate the right to continue the nonconforming uses.
Pursuant to Section 10-104.4.1 of the Land Use and Development Code (effective July 15,
2AB), a nonconforming use shall be determined abandoned if the use is discontinued for an
unintenupted period of two (2) years or more as a result of causes within the control of the
property owre. or their ug"rri,'urless the use is governed by section 10-102'D,2. Section 10-
102.D.2 addresses reconstruction of damaged or destroyed structures.
Failure by the County to provide notifrcation of a determination of abandonment or termination
shall in no way entitle the property owner to continue or resume a nonconforming use
determined to be abandoned or terminated under provisions of the adopted land u-se oode
Garfield County Administration Building
I08 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Andy Schwaller, Chief Building Official (via Bmail)
Tamra Allen, Planning Manager (via Email)
frleT:\Code Enforcement\complaints-site visits\2013\could construction sup cRl54\l l-20-13 staff
Postion On Gould SUP-Final.Docx
Attachments: Resolutio n 97 -92
Map of Parcel 24
'ale DlCarmoney
Code Enforcement Officer
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June 2, 1997
PUBLIC HEARING: SPECIAL USE PERMIT - COMMERCTAL PARK'LOCATED APPROXIMATELY 3
MILES SOUTH OF GLENWOOD SPRINGS OFF OF COUNTY ROAD 154. APPLICANTS: JOE AND
GERALDINE JAMMARON
Don DeFord, Mark Bean, Mark Gould, and Joe Jammaron were present.
Don determined that adequate notification was given and advised the Commissioners they were entitled to proceed.
Chairman Smith swore in the speakers.
Mark submitted the following exhibits: Exhibit A - Proof of Publication; Exhibit B - Returned Receipts; Exhibit C -
Application and attachments; Exhibit D - Project Report and Staff Packet.
Chairman Smith admitted Exhibits A - D into the record.
Mark Bean presented. This is a Special Use Permit for Storage and Commercial Park for Joe and Geraldine Rae
Jammaron, Mark Gould on a parcel of land located more practically described as a parcel located approximately 3
mile south of Glenwood Springs off of CR 154. The site, known as the Jarmarron Gravel Pit, has been reclaimed
from a gravel pit for a number of years.
The applicants are requesting the issuance ofa special use permit to allow for the storage ofconstruction related
vehicles in a2.446 acre portion of the old pit area. It is estimated that there will be between 20 - 100 vehicles per
day depending upon the construction volume. It is also proposed to install a 8'x26' pre-manufactured office and a
10,000 gallon diesel fuel tank. Drinking water will be hauled onto the site and portable toilets will be used for
sewage treatment.
Mark referenced the Southern entrance would be used which is opposite the staff report.
Recommendations:
The Planning Commission recommended APPROVAL of the proposed Special Use as a part of a Commercial Park
Special Use permit, subject to the following conditions of approval:
All proposals ofthe applicant shall be considered conditions ofapproval unless stated otherwise by the Board of
County Commissioners.
That the applicant be required to participate on a proportionate impact basis in the improvement of the State
Highway 82lCR 154 intersection, if the County establishes an improvement program during the term of any
lease on the associated property that is not tied to a nonconforming use.
That all vehicles accessing Highway 82 from the site will only use the CR 154/Hwy. 82 intersection north of the
site, except for vehicular safety purposes. Generally, except for safety purposes due to the length of
vehicles.
That any office structures meet the 1995 Uniform Building Code requirements for the of occupancy proposed.
That the Commercial Park Special Use permit is approved only for the storage of heavy equipment and
nonconforming uses agreed to in letters to Joe Jammaron dated November 2, 1994 and Decembet l, 1994,
from the Garfield County Planning Department. Any modification of the Commercial Park desigrration,
will require the modification of the Special Use permit, through the applicable process in existence at the
time of any proposed modification.
Mark stated he has not had any opposition from adjacent landowners, etc.
A motion to close the public hearing was made by Commissioner Martin and seconded by Commissioner McCown;
carried.
A motion was made by Commissioner Martin to follow the Planning Committee's recommendation for approval
with the recommendations listed on page 6 of the staff report. Commissioner McCown seconded the motion; carried.