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HomeMy WebLinkAbout3.0 BOCC Staff Report BOCC 01.20.2014Exhibits -Amemdment to a Special Use Permit -J. Bruce and Ann Dee Snode (SUAA 7719) BOCC Pub lic Hearing (1/20/2014) Exhibit Exhibit Letter (A toZ) A Proof of Publication , Posting, and Mailings B Land Use and Development Code c Garfield County Comprehensive Plan 2030 D Application E Staff Memorandum F Staff Powerpoint G Special Use Permit , Reception Number 755792 H Minutes to the BOCC public hearing on July 21, 2008 I Email from David Pesnichak , dated November 24 , 2013 J Email from Garfield County Road and Bridge , dated November 21 , 2013 K Email from Garfield County Veqetation Manaqer , dated December 2 , 2013 L Letter from Mountain Cross Enqineerinq , dated November 25 , 2013 M Email from Garfield County Environmental Health , dated November 25 , 2013 N Letter from Garfield County Airport Director, dated November 25 , 2013 0 Email from COOT , dated November 12 , 2013 p Memorandum documentinq phone call with Mr. Elder, dated November 15 , 2013 ( EXHIBIT I A Garfield Coun PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes be low based upon the no t ice t hat was conducted for your public hearing . In addition, please initial on the blank line next to th e statements if they accurately reflect the -described action. ~ My application required written/mailed notice to adj acent property owners and mineral owners . JV~ Mailed notice was completed on the '\ ~ day of t:>eLe..r<"'l\oer 2014 . ~ All owners of record within a 200 foot rad iu s of t he subj ect parcel were identified as shown in the Clerk and Recorder's office at le ast 15 calendar days prior to sending notice . $W All owners of mine ral interest in t he subject pro perty were identified through records in the Clerk and Recorder or Assessor , or through other mean s [list) + ,--\-l-€., C..ON\.in i -\-IY\ e,.J-\S. • Please attach proof of certified , return receipt requested mailed notice . g) My application required Published notice . • .J;t\' Notice was published on the l '\ib---day of D ec..el"''o e-r , 20~. Please attach proof of publication in the Rifle Citizen Telegram . My application required Posting of Notice. . .JE>\.l-Notice was posted on the J ;l:t::b day of Dec e rV\ b e.r, 2014 . JSM-Notice was posted so that at least one sign fac ed each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name : 0 u, \; e 6 . H atJ-S;ot--l Signature :~ S , No..Jr\D~ Date : I -IY -JI-{ Ad Name: 9782547A Customer: Beattie, Chadwick & Houpt Your account number is: 1002838 PROOF OF PUBLICATION THE RIFLE <CITIZEN TEL£6RAM STATE OF COLORADO, COUNTY OF GARFIELD I, Jim Morgan, do solemnly swear that I am General Manager of The Rifle Citizen Telegram, that the same weekly newspaper prii:J.tea, iii whole or in part ·and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and iminterruptedly in said County of Garfield for a period of more than fifty- two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspeper has been admitted tq the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for putlishing legal notices and advertisements within the meming of the laws of the State of Colorado. That tlte annexed legal notice or advertisement was pub Ii sled in the regular and entire issue of everymunber of said weekly newspaper for the period of ! consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/19/~013 and that the last publication of said notice was daed 12/19/2013 the issue of said newspaper. PUBLIC NOTICE TAKE NOTICE that J. Bruce and Ann Dee Snode have applied to the Board of County Commission· ers, Garfield County, State of Colorado, for an Amendment to a Special Use Permit to remove Condition 1 O memorialized in Resolution 2008-93 for the Snode Contractor's Yard on property situat- ed in the County of Garfield, State of Colorado; to-wit: Legal Descripiion: A parcel of land situated in the SW1/4SE1/4 of Section 18, Township 6 South, Range 92 West of the 6th P.M ., more particularly described as follows : BEGINNING at th e SW corner of said Section 18, thence along the South line of said Section 18, North 88°22'36" East 1.620.9 1 feet to the North/South centerline of said Secti on 18. the TRUE POINT OF BEGINNING; thence along the North/South centerline of said Section 18 North 00°27'29" West 57.88 feet to the Southerly right of way of proposed 100.00 foot road; thence along the southerly and easterly right of way of said road along the arc of a curve to the left 286.95 feet. said curve having a radiu s of 450.00 feet and a chord which bears North 40°36'13' East 284.00 feet; thence North 22°12'31" East 51.12 feet; thence leaving said right of way South 90"00'00' East 905.01 feet; thence South oo•oo·oo• West 289.41 feet to the South line of said Section 18; thence -along·said·South·line·of ·said ·Secti on 1 B·South 88°22'36' West 1,109.15 feet to the TRUE PO INT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO Practical Description: 918 County Road 352, Rifle, co; Parcel 2179 -184-00-41 8, south of the Garfield County Airport. This application requests the removal of Cond ition 1 O memorialized in Resolulion 2008-93. Condition 1 O reads as follows: 0 This Special Use Permit is a personal perm it, shall only be valid and in effect only while the subject property is owned by J. Bruce and Ann Dee $node. Upon conveyance of the subject property to another party, th is Special Use Permit shall be null and void, expi ring of its own terms without revocati on by the BOCC or re- linquishment by the Applicant. This SUP does not •run with the lan d'.° The property is ·zimed Rural. All persons affected by the proposed Special Use Permit Amendment to remove Conditi on 10 of Resolution 2008-93 are invited to appear and state their views, protests or support. If you can not ap- pear personally at such hearing, then you are urged to state your views by letter, as the Planning Commissi on · will 9ive considerati on to the com· ments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Community Development Department located at 1 OB 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colo- rado between the hours of 8:30 a.m. and 5:00 p.m ., Monday through Friday. A public hearing on the application has been scheduled for the Janu ary 20, 2014, at 1:00 P.M. in the County Commissioners Meeting Room, Gar- field County Plaza Building, 108 8th Street, Glen· wood Springs, Colorado, 81601. Community Development Department Garfield County Published in the Citizen Telegram December 19, In witress whereof, I have here unto set my hand this 2013 · ( 9792547 ) 12/23/;013 . Jim Morgan, General Manager Publisler Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Col<rndo. this 12/23/2013. My Commisskin :xpires 11/01/2015 ADJACENT PROPERTY OWNERS Parcel No. 217713400205 Parcel No. 217724300398 ,v:.---b-,z.,[_~T ;b I ~Parcel No. 217918400419 Parcel No. 217919100511 Parcel No. 217919200608 217919200717 217919200718 Parcel No. 217919200609 / x Board of County Commissioners l..,./' Garfield County 108 8th Street, Suite 213 Glenwood Springs, CO 81601-3363 Airport Land Partners Limited / )( 312 AABC Suite A .t\~pe~, CO 81611 -2568 Patricia L. Lee 1000 County Road 352 Rifle, CO 81650 ./ / Scott W. & Linda S. Brynildson 1831 Railroad Ave. Rifle, CO 81650-3203 Strategic One Financial, Inc. / ~ P.O. Box 1476 Rifle, CO 81650 EDE Investments LLC 6540 County Road 319 Rifle, CO 81650 / MINERAL RIGHTS OWNERS Richard T. Dever P.O. Box 33712 / ('. Northglenn, CO 80233-0712 Dorothy Dever / . x 99 s. Downing St. #sot/ Denver, CO 80209 Dever Family Minerals, LLC P.O. Box 638 Glenwood Springs, CO 81601 . h. ·-----··-----·---· ---·-·-··----·--·-·-· ;J ::..,. \? 99 S. Downing St., #502 ' tV\ \'\j! Denver, CO 80209 ' MAP99A-MGD, a Texas Nominee Partnershi.Jr', C/O Chase Bank V" X P.O. Box 660197 Dallas, TX 75266-0197 William W. Whitley / 255 South Milwaukee Street Denver, CO 80209 Barret D. Balcer 717 Seventeenth Street, Suite 1545 Denver, CO 80202 Kristine M. Peterson / 2525 South Wadsworth Boulevard, Suite 303 X Denver, CO 80227-4346 PUBLIC NOTICE TAKE NOTICE that J. Bruce and Ann Dee Snode have applied to the Board of County Commissioners, Garfield County, State of Colorado, for an Amendment to a Special Use Permit to remove Condition 10 memorialized in Resolution 2008-93 for the Snode Contractor's Yard on property situated in the County of Garfield, State of Colorado; to- wit: Legal Description: A parcel of land situated in the SW1/4SE1/4 of Section 18, Township 6 South, Range 92 West of the 5th P.M., more --partieularly-described as follows: BEGINNING at the SW corner of said Section 18, thence along the South line of said Section 18, North 88°22'36" East 1,620.91 feet to the North/South centerline of said Section 18 the TRUE POINT OF BEGINNING; thence along the North/South centerline of said Section 18 North 00°27'29" West 57.88 feet to the Southerly right of way of proposed 100.00 foot road; thence along the southerly and easterly right of way of said road along the arc of a curve to the left 286.95 feet, said curve having a radius of 450 .00 feet and a chord which bears North 40°36'13" East 284.00 feet ; thence North 22°12'31" East 51.12 feet; thence leaving said right of way South 90°00'00" East 905.01 feet; thence South 00°00'00" West 289.41 feet to the South line of said Section 18; thence along said South line of said Section 18 South 88°22'36" West 1, 109.15 feet to the TRUE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO Practical Description: 918 County Road 352, Rifle, CO ; Parcel 2179-184-00-418, south of the Garfield County Airport . This application requests the removal of Conditi on 10 memorialized in Resolution 2008-93. Condition 10 reads as follows: "This Special Use Permit is a personal permit, shall only be valid and in effect only while the subject property is owned by J. Bruce and Ann Dee Snode. Upon conveyance of the subject property to another party, this Special Use Permit shall be null and void, expiring of its own terms without revocation by the BOCC or relinquishment by the Applicant. This SUP does not "run with the land"." The property is zoned Rural. All persons affected by the proposed Special Use Permit Amendment to remove Condition 10 of Resolution 2008-93 are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to ., .) state your views by letter, as the Planning Commission will give consideration to the comments of surrounding property owners, and others affected , in deciding whether to grant or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the January 20, 2014, at 1 :00 P.M. in the County Commissioners Meeting Room, Garfield County Plaza Building,108 8th Street, Glenwood Springs, Colorado, 81601. Community Development Department Garfield County ~---= Lil _nL...---=-~_;:...,~-=-=-..:;;_.:;~;..>.,.-~~~F---' ::r ru ..n ru Postage I$ j """-=· ~~ CertifleclFee _ 1-----~ CJ Return Receipt Fee Cl (Endorsement Required) l------4i Cl Restricted Delivery Fee e& Cl Cl (Endoisement Required) I 1-------'l~P;;;..I "' .;;:1 1 -~ "'.! U1 Tc rn ->' \Ill\ \\\\\,\\\\\1lH ml 7011 3500 0002 6246 5976 ~\~oo-s·~ "' ~~ ,t::, u:> ~:-~ = LL . ,.., c.:n ~t~3g I •-"-. 9 o_ Kristine M. Peterson ,..:i ill 0 !!l • • O'I ** ~ Knstme M. 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Downing St. #502 Denver, CO 80209 ! l .--; I : r1 Richard T P.O. Box~~~~~ Northglenn, CO 80233-0712 .--. 102595-02-M-1540 j N ON DELIVERY D Agent ! tJ Express Mail , b Return Receipt for Merchandise ; bc.o.o_ ' /(Extra Fee) DYes L ____ _ 17 ; • • ; ! bom~stic' ~eturn Receipt 102595-02-M-1540 ! ----------------------·------;:--::-;:••-~---------/ Return Receipt Fee (Endorsement Required) 1------iil Restricted Delivery. Fee (Endorsement Required) 1------H~ /VERY D Agent D Addressee C. Date of Delivery DYes w: 0 No CJ Tc~·--~--.----ct- Ll1 rn Ir \ipt for Merch<'!ndise I r-=! I .-=i siri '-------1' CJ orf i 2. Article Num~er I !'-ci6 I DYes ! (Transfer from se, ) PS Form 3811, ~ _ --~-·L----------"llllll!lllll!!'ll-1111111-• . 102595-02-M· 1540 Postage $ ; Certified Fee . ru CJ Retum Receipt Fee Cl (Endorsement Required) Cl Restricted Delivery Fee r------r;;_,. c:» (Endorsement Required) ~ Cl ·~ Cl ~ s:::: ~--·---oc---~. . I~ I .:* ~ sir"ief. Strategic One Fmanc1at;lric. CJ orP01 P.O. Box 1476 r-citY.~ Rifle, CO 81650 PS Form 3811, February 2004 Domestic Return Receipt \., ___ ,,_ ---- -........ --------- 1. Article Addressed to: iss Mail 1n Receipt for Merchand i.se : t>. I be) .O Yes I I .. '--~ ; : :· i · ··-'· ,·,.;j ,' •• • I 1oiii~~:M':1s40 i -.~!:~~}Ji' _____ ~: )2. Article Number 1000 County Road 352 Rifle, CO 81650 I (Transfer frdm ser\!ice tabeo _ ( PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 s4o / ,. 1. Article 1 ~ ./ ru I . ------..n Postage j $ j Certified Fee Return Receipt Fee ,.___ i Restricted Delivery Fee (Endorsement Required) I I Tota ' .... Sen fl siree; orPQ ~l Airport Land Partn~i,il!!i;,gl ~.ifl--i 312 AABC Suite A Cfy,j Aspen, CO 81611-2568 ...... .:. ...... OFF~Ci Postage I$ I Certified Fee I / 'ru Boa CJ Return Receipt Fee ) i Cl (Endorsement Required) I ~ 1:~~1~,:~~1 11--.,.-----l11Ji:~..:i.""'f .:;: L M•I I . Glenv ~ ~ . ~ ~m ReceiptforMerchandlse ) ----1 sent ; Board of County Co IS 1 '-!·o_. ______ --' \ I ~ ------Garfield County -----------t~L ---D .yes • 1 Stree , .__ _ __, 1 2. Article~ ::2 ~!.~~ 108 8th Street, Suite 213 ·----------5 8 4'6, , J (rransfel City. ' 1 . . _ - ; J •• Glenwood Springs, CO 81601-3363 1 I PS Form 1 • , , 102595-02-M-1540 I - . ·-·-·· . ·--····-·----~"'-___ , EXHIBIT 1 £ BOCC 01/20/14 MOL PROJECT INFORMATION AND STAFF COMMENTS REQUEST : APPLICANTS/PROPERTY OWNERS : REPRESENTATIVE : PARCEL ID: PROPERTY SIZE/SITE AREA: LOCATION ACCESS EXISTING ZONING COMPREHENSIVE PLAN of 2030 : Amendment to Special Use Permit (SUAA 7719) J . Bruce and Ann Dee Snode Julie Hanson I Beattie , Chadwick & Houpt, LLP 2179 184 -00-418 6 .69 acres I 21 ,000 SF parking/storage area and 3,200 SF maintenance building 918 Coun ty Road 352, Rifle , CO Off of County Road 352 (CR 352) Rural Resident ial Medium/High (2 to <6 AC/DU) I. REQUEST I DESCRIPTION OF PROPOSAL The Applicants seeks to amend a Special Use Perm it (SUP) for a Contractor's Yard by removing Condition 10. This condition reads as follows : "This Special Use Permit is a personal permit , shall only be valid and in effect only while the subject p roperty is owned by J . Bruce and Ann Dee Snode. Upon conveyance of the subject property to another party , this Special Use Permit shall be null and void , expiring of its own terms without revocat ion by the BOCC or relinquishment by the Applicant. This SUP does not run with the land ". The Applicants wish to remove this condition of approval so that they can sell the parcel with the abi li ty of future property owners to also use it as a Contractor's Yard . Parcel History In 2007 , an applicat ion for a "Contractor's Yard " on a 6 .69 acre parcel was submitted and reviewed under the Garfield County Zoni ng Resolution and Subdivision Regulat ions (adopted and enacted on January 2, 1979). The Board of County Commiss ioners (BOCC) approved the Contractor's Yard on July 21 , 2008 with 10 conditions memorial ized under Resolution 2008-93 (included in application). A Special Use Permit was also issued and recorded on September 16 , 2008 (Reception Number 755792 , Exhibit G). The approved Contractor's Yard is to use the parcel for the parking of trucks that del iver water to oil and gas companies and drilling sites and for a related repai r and maintenance facility for a trucking business . The Contractor's Yard was approved for : • 21 ,000 square foot parking and storage area ; • Total number of vehicles that can be stored within the 21 ,000 SF area includes five tractor trailer semi trucks and seven "Bobtail " trucks ; and , • Maintenance building 3,200 square feet in si ze . 1 The property also contains a single family residence and garage . No water or wastewater facilities were required to be installed in conjunction with either the parking or maintenance building . During the public hearing , the Applicant indicated that one employee would be on-site after hours and all other employees would only be picking up and dropp ing off vehicles on the site . The application states that Condition 10 "is inconsistent with the standard of the Garfield County Land Use Code at the time of the approval and con t inues to be inconsistent with the current Land Use Development Code (LUDC) effective July 15, 2013 ." The application also indicates that the Contractor's Yard is in an industrial area and consistent with surrounding land uses . • Inconsistent with the Land Use Code -Land Use Running w ith the Land The Garfield County Zoning Resolution and Subdivision Regulation was the land use code used to review the original Contractor's Yard application . Nowhere in this code can staff find a reference that a "land use runs with the land ." Therefore , the Applicant is incorrect in stating that Condition 10 is inconsistent with the code by which it was originally approved . The BOCC also had the ability to set a condi t ion such as 10 if they felt the land use needed to be revisited in the future . • Clarification of Condition 10 The July 21 , 2008 BOCC public hearing minutes (Exhibit H) does not state why Commissioner Mccowen set Condition 10 . To better understand the reasoning for this condition , County staff contacted Dave Pesn ichak , the original planner that reviewed the application . Mr. Pesn ichak indicates in his email (Exhibit I) that since the subject parce l "was somewhat of a transition area between residential and industrial properties but still zoned ARRD and not adjacent to LI , this co ndition was added to allow the Commissioners and the neighboring property owne rs the opportunity to review any changes/expansion/continuation which could occur in the future . The think ing was that if the property was being sold , then this could signal that the neighborhood was changing to the extent that this SUP should be reevaluated ." • Neighborhood When the original application was reviewed in 2007/2008 , the light industrial park located to the southwest of the site was the only development zoned light industrial in the area . Today , the land directly west of the subject s ite has been annexed by the City of Rifle and is within the Rifle Airpark Master Plan which al lows light industria l and other airport support services , see Garfield County -Zoning Map on page 3 . With more industrial land uses being allowed on surrounding parcels staff agrees with the Applicant in that the existing Contractor's Yard is compatible and consisten t with the "neighborhood ." II. LOCATION AND SITE DESCRIPTION The subject site is located south and adjacent to County Road 352 and approximately one mile southeast of the Garfield County Regional Airport complex . Ill. ZONING AND ADJACENT LAND USES The subject property (outl ined in red) is zoned Rural , a zone district which permits Contractor's Yards upon issuance of a Land Use Change Permit. The zoning of adjacent properties of the subject parcel includes : Rural , Industrial , Public Airport , and City of Rifle -Airport Support District (A-S). The land uses surrounding the subject property are as follows : North : single family residential , undeveloped airport land, oil and gas development ; 2 East: vacant land ; South : vacant, oil and gas development ; and , West: trucking and freight and storage businesses , mini storage, oil and gas service and repair businesses, undeveloped City of Rifle land . Zoned: GARFIELD COUNTY-Zoning Map \ CITY OF RIFLE -Rifle Airoark Master Plan 3 A-S ...... -HI -A-OI A-II II HU -A-S OS Mp.t .............. Mp.tr-oil AOp.t- -l&i>tiot~ Nlli<llmti- AirJ-tSoiJportllhlrict ap..s,... Bt.st Aaos IS.K A<ftS St.ll Aaos 41.'16 Aaos i1.9l A<m 1SSJO Aaos D .02 Aaes As stated above, the subject parcel is adjacent to the Rifle Airpark Master Plan's A-S District. This district allows light industrial uses such as administrative offices , fabrication, manufacturing , assembly , distribution , etc . as well as other land uses shown on the chart on the next page . Exhibi t 2-8: Pla n Area Bu sine ss Uses l.:iidl!~i>Zt'l~I liJfl~A ·r;.J·~ landl!u•Zoim R' eA.m:ar~ .l(O :.10 AU ~ S A.CO A I& AU ilS -.......... ~-c.--rcill~C.tt.r.n .. .. -frnwltf~ ~t.lr«ttn .. .. --._,1.,.i,.entc..mn.n I I hillSel'Mlest.hr•nt _,_ .. .. --'-"""' ___ ... __ .. .. -... ... ..,. __ I I ........ _(Mu __ ------lircntl:,artsad~~ ~,.U-~1 --__ .. _ hit~ hnnrl'9' ,_, .. ___ ......... ---c.. ...... ....., ...... "' ..... .........,-1-lpift-.rl ____ ..._ ......,,_c.BFMriatiM,. bdMme ----T ... ... , ... e;~hllrlati--MtierfCcladMam.~ ----........ .._ -,_ ---~-.. -.... "' .... _ .. _ -~-__ ... _ .. .. .... __ _ .....___ -------... ....,.._.___, .. so.np -.. ... ....,.,._.,. -.i-,. -.. ,_ ------"' _ .. -"' "' .. _ . ~~....,Mbnn .. I I .. '91ibn ...... ,~.----.. __ _._ ... 1 ... ... c.miMr ... hllfts I .. --.. ~w.t•t .. --.... ..,._ .. --lftrlnitea.thcbtri11t .. --....... PN,rm~ I I --s-.. ~"'119tt-fnMPmrtMsM~ .. .. ~11-~llltm .. ...., .. .. -----"' .. .. li&l~<nt" __ _._._ .. .. "'"*' -----.. .. ---.. .. ~~-~ -s-ttrsrm-~ -_._ --Prilltt<MltttJTAllt SdtMI c.oc..... -----....... -....... ....... IV. REFFERAL AGENCY COMMENTS Staff referred the application to the following State agencies and/or County Departments for their review and comment. Comments received are noted below and incorporated within the appropriate section of this memorandum . Comment letters are attached and labeled as noted . Garfield County Road and Bridge : Exhibit J Garfield County Vegetation Manager: Exhibit K County Consulting Engineer, Mountain Cross Engineering : Exhibit L Garfield County Environmental Health : Exhibit M Director of Garfield County Regional Airport , Brian Condie : Exhibit N Colorado Department of Transportation : Exhibit 0 Colorado River Fire Protection District: No comments received . Colorado Parks & Wildlife : No comments received City of Rifle : No comments received . 4 Property Owner: Exhibit P V. REVIEW STANDARDS & STAFF COMMENTS This application proposes to amend a Special Use Permit by removing a condition of approval set by the BOCC. As per Section 4-103 (A)(4), this modification is considered substantial and a new application for a Land Use Change Permit is required . Amendments to this Special Use Review are required to adequately address applicable topics in Section 4-203 (G) Impact Analysis, the general development standards found in Article 7 including Section 7-1001 (additional standards applicable to Industrial Uses) as codified in the LUCO . The following section provides the review criteria and standards in bold italics below followed by a staff response . Section 4-203 (E) Grading and Drainage Plan. Staff Response : The subject site is developed and this application does not propose to alter the grading or drainage of the site . Section 4-203 (F) Landscape Plan. Staff Response : Under the original code review , it was required to minimize impacts to adjacent properties through the use of fencing or landscaping . The County planner therefore set a condition of approval for the Applicant to install an eight foot tall fence to screen the storage/parking area of the Contractor's Yard. The BOCC removed this condition based on the fact that other industrial properties in area were not required to screen their properties . This application does not propose to deviate from what was approved by the BOCC rega rding the screening on the property . Section 4-203 (G) Impact Analysis. 1. Adjacent Property. An address list of real property adjacent to the subject parcel, and the mailing address for each of the property owners . Staff Response : The names and addresses of the adjacent property owners are provided in the application . 2. Mineral Owners. A list of separated mineral estate owners in the subject parcel, and the mailing address for each owner or lessee. Staff Response : The names and addresses of the mineral owners are provided in the application . 3. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500 ' radius. Staff Response : Land uses within 1,500 feet of the subject site include residential (north}, oi l and gas development (north), Garfield County airport (north and west}, oil and gas support business and trucking company (southwest}, and vacant land (east , west , and south). 4. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features tha t may aid in the evaluation of the proposed development. Staff Response : The site is presently developed with a home , garage , maintenance building , and storage/parking area . This developed area is closest to County Road 352 and slopes gently to the east. East of the developed area , the property slopes down to an unnamed drainage . The developed area on-site is grave led and the undisturbed portions of the site contain a mixture of native grasses , sagebrush , and rabbitbrush. This application does not propose to alter the site . 5. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. 5 Staff Response : ArcGIS mapping shows that the slopes east of the site to have slope-related hazards . All development appears to be outside this hazard area . This application does not propose to alter the site . 6. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land . Staff Response : The County 's ArcGIS mapping shows no geologic hazards . This application does not propose to alter the site . 7. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. Staff Response : The County 's ArcGIS mapping does not show that the site is within a floodplain . Under 2008 BOCC approval (see Exhibit H), the maintenance building was not required to provide a restroom for this building since the only employee working on-site would be accommodated by the restroom facilities within the residence. This application does not propose to deviate from this approval. 8. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including : a. Determination of the long-term and short-term effect on flora and fauna; Staff Response : Wildlife on the property was addressed in the Special Use Permit application and this application does not proposed to alter the site . b. Determination of the effect on designated environmental resources, including critical wildlife habitat; Staff Response : Wildlife on the property was addressed in the Special Use Permit application and this application does not proposed to alter the site . c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and, Staff Response : Wildlife on the property was addressed in the Special Use Permit application and this application does not proposed to alter the site . d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. Staff Response : This was addressed in the Special Use Permit application and this application does not propose to alter the site . 9. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise , glare or vibration , or other emanations. Staff Response : This was addressed in the Special Use Permit application and this application does not propose to alter the site. 6 10. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use . Staff Response : The hours of operation are fro m 7 :00 am to 6 :00 pm , seven days per week . This application does not propose to deviate from t hese hours of operation . Section 4-203 (J) Development Agreement Staff Response : Not applicable . Section 4-203 (K) Improvements Agreement Staff Response : Not applicable . Section 4-203 (L) Traffic Study Staff Response : A Traffic Study was provided unde r t he original application . This report indicated that the Contractor's Yard would generate 20 veh ic le trips per day . This applicat ion does not propose to deviate from this approved number. Section 4-203 (M) Water Supply and Distribution Plan/ Section 4-203 (NJ Waterwater Management and System Plan Staff Response : No representation of water rights and wastewater disposal were demonstrated in the original application for the storage/park ing or maintenance facility . In the origina l staff report the planner set a condition of approval stating that a maintenance and repair facil ity will require employees to be on-site for extended periods of time and sanitation facilities should be installed and that such facilities (restrooms) shall demonstrate legal and adequate water supply as well as a waste disposal system which is in conformance with accepted engineering and regulatory standards. As per the minutes in the BOCC hearing (Exhibit H), the Applicant represented that he lived on-site and that only one employee worked after hours on the property and all other employees only pick up and drop off trucks on the parcel. The employee working on -s ite also has access to the resident's restroom facilities and the refore a sanitation system for the Contractor 's Yard was not necessary . The BOCC agreed wit h the Applicant and removed the condition of approval requiring a legal and adequate water supply and wastewater system. This application does not propose to deviate from the BOCC 's approval. ARTICLE 7: STANDARDS DIVISION 1. GENERAL APPROVAL STANDARDS Section 7-101 Zone District Use Regulations Staff Response : The subject property and site are zoned Rural and a small Contractor's Yard is considered a permitted land use subject to Administ rative Review . Section 7-102 Comprehensive Plan and Intergovernmental Agreements Staff Response : Garfield County 's Future Land Use Map of the Comprehensive Plan 2030 indicates the land use designation is Res idential Medium High (2 to <6 acres/dwelling unit , shown in tan) for the property . Adjacent future land uses include light industrial (lavender) and Residential Medium High (tan). The subject site is adjacent to the City of Rifle 's Rifle Airpark Master Plan 's A-S District. This district allows light industrial and airport support land uses includ ing outside storage (i.e ., building materials and supply dealers , RV dealers , automob il e dealers , building equipment con t ractors). 7 Section 7-103 Compatibility --, : : \ I l : ,- (, ~ '--~ )1 X 1 Staff Response : The neighborhood contains light industrial land uses and adjacent parcels are zoned for future light industrial uses that are compatible with the existing Contractor's Yard . Section 7-104 Source of Water Staff Response : See Section 4-203 (M) Water Supply and Distribution Plan . Section 7-105 Central Water Distribution and Wastewater Systems Staff Response : See Section 4-203 (M) Water Supply and Distribution Plan. Section 7-106 Public Utilities Staff Response : The site is served by electric power and reviewed under the Special Use Permit application . This application does not propose to deviate from what was approved . Section 7-107 Access and Roadways Staff Response : The Road and Bridge Department reviewed the site access and set a condition under Resolution 2008-93 to obtain an Access/Driveway Permit. The Traffic Report analyzed the impacts to adjacent roads which County staff found adequate under the Special Use Permi t application . This application does not propose to deviate from what was approved . Section 7-108 Use of Land Subject to Natural Hazards Staff Response : This addressed under Section 4-203 (G) Impact Analysis , 6. Geology and Hazard . 8 Section 7-109 Fire Protection Staff Response : This was reviewed under the Special Use Permit application and th is application does not propose to deviate from what was approved . DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Section 7-201 Agricultural Lands Staff Response : The County 's ArcGIS mapping shows the existing Contractor's Yard as "Prime if Irrigated ." This application doesn 't propose to alter the site . Section 7-202 Wildlife Habitat Areas Staff Response : This is addressed in Section 4-203 (G) Impact Analysis , 8. Environmental Impacts . Section 7-203 Protection of Waterbodies Staff Response : The site contains a drainageway east of the developed area the parcel and to protect th is water body , Conditions 2f and 8 of Reso lution 2008-93 were set. This application does not propose to deviate from what was approved . Section 7-204 Drainage and Erosion Staff Response : See Section 4-203 (E) Grading and Drainage Plan . Section 7-205 Environmental Quality Staff Response : Environmental Quality was reviewed in the Special Use Permit application and addressed in Conditions 2c and 2f of Resolution 2008-93. This application does not propose to deviate from what was approved . Section 7-206 Wildfire Hazards Staff Response : The County 's ArcGIS indicates the subject property has a low "Relative Fire Hazard ." This application does not propose to alter t he site. Section 7-207 Natural and Geologic Hazards Staff Response: See Section 4-203 (G) Impact Analys is , 6. Geology and Hazard . Section 7-208 Reclamation Staff Response : The Contractor's Yard is existing and the disturbed areas appear to be re- vegetated. DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS Section 7-301 Compatible Design Staff Response : The existing maintenance building in the Contractor's Yard is similar to what is found in the area . Section 7-302 Off-Street Parking and Loading Standards Staff Response : The parking and loading are to occur on-site . This application does not propose to deviate from this practice . Section 7-303 Landscape Standards Staff Response : See Section 4-203 (F) Landscape Plan . 9 Section 7-304 Lighting Standards Staff Response : To ensure that lighting of the storage area of the Contractor's Yard does not affect adjacent parcels , Condition 2j was set and memorialized in Resolution 2008-93 . Section 7-305 Snow Storage Standards Staff Response : From the site visit conducted by County staff on December 2 , 2013 , there appears to be sufficient space for snow storage on -site . Section 7-306 Trail and Walkway Standards Staff Response : Not applicable . Section 7-1001 Industrial Use A. Residential Subdivision. Staff Response : The Contractor's Yard does not occupy a lot in a platted residential subdivision . B. Setbacks Staff Response : The storage/parking area is approximately 350 feet from the neighboring residential property which meets this standard . C. Concealing and Screening Staff Response: See Section 4-203 (F) Landscape Plan . D. Storing Staff Response : This was addressed in the Spe ci al Use Permit application and Cond ition 2e of Resolution 2008-93 was set to address storage of materials on -site . This application does not propose to deviate from what was approved . The existing Contractor's Yard does not meet Number 3 of this section since the parking/storage area is less than 100 feet from an adjacent property line . Under the County land use code this application was reviewed , a minimum of a 100 foot setback was not required . This application does not propose to deviate from what was approved. E. Industrial Wastes Staff Response : Industrial Waste was addressed in the Special Use Permit applicat ion and Conditions 2e and 2f of Resolution 2008-93 were set to address materials on-site . Th is application does not propose to deviate from what was approved . F. Noise Staff Response : The original application provided a No ise Report and was found acceptable by the County and Condition 2a of Resolution 2008-93 was set to ensure adherence to the Colorado Revised Statues for noise standards . This application does not propose to deviate from what was approved . G. Ground Vibration Staff Response : This was addressed in the Spe c ial Use Permit appl ication and Condition 2b of Resolution 2008-93 was set to ensure ground vibrations are not felt beyond the subject parcel 's property line . This application does not propose to deviate from what was approved . 10 H. Interference, Nuisance, or Hazard Staff Response : This was addressed in the Special Use Permit application and Condition 2d of Resolution 2008-93 has been set to control interference, nuisances , and hazards on-site . This application does not propose to deviate from what was approved . VIII. RECOMMENDED FINDINGS Should the Board of County Commissioners approve the request of J . Bruce and Ann Dee Snode to amend the Special Use Permit to remove Condition 10, staff suggests the following findings : 1. That the proper public notice was provided as required for the hearing before the Board of County Commissioners. 2 . That the hearing before the Board of County Commissioners was extensive and complete , that all pertinent facts , matters and issues were submitted or could be submitted and that all interested parties were heard at the meeting . 3 . That for the above stated and other reasons to amend the Special Use Permit for a Contractor's Yard by removing Condition 10 is in the best interest of the health , safety , convenience, order, prosperity , and welfare of the citizens of Garfield County . 4 . That with the adoption of conditions , the appl ication is in general conformance with the 2030 Comprehensive Plan . 5 . That with the adoption of conditions , the application has adequately met the requirements of the Garfield County Land Use and Development Code . IX. STAFF RECOMMENDATION Should the Board of County Commissioners approve the request to amend the Special Use Permit for a Contractor's Yard by removing Condition 10 on a property owned by J. Bruce and Ann Dee Snode and the following the list of conditions could be applied to assure compliance with required regulations and standards . Conditions of approva l 1 through 9 have been carried forward from Resolution 2008-93 with a modification (shown in yellow) to Condition 9 as recommended by County staff. 1. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval unless specifically altered by the Board of County Commissioners . 2 . The Applicant shall comply with all standards as set forth in §5 .03 .08 "Industrial Performance Standards " of the Garfield County Zoning Resolution of 1978 as amended and included here as follows : a . Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes . b. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible , without instruments , at any point of any boundary line of the property on which the use is located . 11 c . Emissions of smoke and particulate matter : every use shall be operated so as to comply with all Federal , State and County air qua li ty laws , regulations and standards . d . Every use shall be so operated that it does not emit heat , glare , radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard . Flaring of gases , aircraft warning signals , reflective painting of storage tanks , or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision . e . Storage of flammable or explosive solids o r gases shall be in accordance with accepted standards and laws and shall comply with the national , state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes . f. No materials or wastes shall be deposited upon a property in such form or manner tha t they may be transferred off the property by any reasonably foreseeable natural causes or forces . g . Any repair and maintenance activity requ iring the use of equipment that will generate noise , odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a .m. to 6 p .m ., Mon .-Fri. h. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way . i. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size . J. Any lighting of the storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflect ion on adjacent property . 3. At no time shall the total number of vehicle storage associated with this Contractor's Yard exceed five (5) tractor trailer semi trucks and seven (7) "Bobtail " trucks . All vehicle storage shall occur within the identified 21 ,000 square foot storage area at all times . 4 . The total area to be used for vehicle storage shall not exceed 21 ,000 square feet and shall occur within the area identified by the Applicant in the Special Use Permit. 5. The Applicant shall obtain and abide by all access or driveway permits from the Garfield County Road and Bridge Department. 6 . In order to control dust , the Applicant shall periodically treat the driveway and storage area with an approved dust suppressant. 7 . All veh icles associated with this Special Use Permit must be licensed and in compliance with State and Federal requirements . 8. As neither a plan for handling water runoff from vehicle washing nor a demonstration of adequate water rights have been submitted , no vehicle washing shall occur as a perm itted use associated with this Special Use Permit. 12 9 . The Applicant shall submit an updated site plan to reflect the representations as made to the Board of County Commissioners on July 21 , 2008 . This site plan shall identify the specified 21,000 square foot vehicle storage area to replace the previously represented 7 ,500 square foot vehicle area . This site plan shall also include all applicable elements as identified under Section 4-203 D. Site Plan of the LUDC and submitted for review by the Community Development Department prior to the issuance of an amended Special Use Permit. 13 EXHIBIT F General Information ---- • Request: Amend Special Use Permit • Applicant: J. Bruce and Ann Dee Snode • Representative: Julie Hanson, Beattie, Chadwick & Houpt , LLP • Acreage: 6.69 acres I 21,000 SF parking/storage area & 3,200 SF maintenance building • Zoning: Rural Request: • Amend a Special Use Permit for a Contractor's Yard by removing Condition 10 of Resolution 2008-93. • Condition 10: "This Special Use Permit is a personal permit, shall only be valid and in effect only while the subject property is owned by J. Bruce and Ann Dee Snode. Upon conveyance of the subject property to another party, this Special Use Permit shall be null and void, expiring of its own terms without revocation by the BOCC or relinquishment by the Applicant. This SUP does not run with the land." • The Applicants wish to remove this condition so that they can sell the parcel with the ability of future property owners to also use it as a Contractor's Yard. Vicinity Map l_g BIBI 0000 Cliclsher Background Information: I • BOCC approved a Contractor's Yard with conditions in 2008. • Approval included: storage of 5 tractor trailer semi trucks and 7 "Bobtail" trucks within a 21,000 SF parking/storage and a 3,200 SF maintenance building. • One employee to work on-site. • Maintenance building was not required to have a legal and adequate water supply or restroom facilities since the on-site employee was to use the existing toilet facilities of the residence on the property. j Background Information: L • Explanation for Condition 10 -In a transition area between residential and industrial properties but still. zoned ARRD and not adjacent to LI, this condition was added to allow the BOCC and the neighboring property owners the opportunity to review any changes/expansion/continuation which could occur in the future. j O' Site Plan flUID REJIAR HID CN' LS 27~13 H WflO'od" E -.01• H 22'12°31" E~ 51.12 11....:SO. 00' ...._ ·-lll:u. 0 --cfSTERH lllli-H 40' 36• 13" E -,.._ ,,~ Cl.DloZ84, 00' i F1Ulll 1/4 aJINER 3ECTION 18/19 LS 14111 100' 200' I lilClt • 100 f'£ET IGJS£ JICT41L 1· • 20 • "-....... ___ .---Jrt_ ~---:--~ ~s~ ~ ,o ~~ I ~ P'j 1·-~ __ _,....- 'fl 8 AOOR£SS: -CQUH1Y RQID 352 STEVART T ITU: 6UMANJY CO. 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EXCEPT AS INDICATED, . 11ND -T Tl£l!I: IS IE APPAllDIT CYllEHCE DR Sl611 IF Nrl EASEl£NT CllllSSING : ri~;~ IF It//~ CXC£PT AS lllln J>.11~<-J~ Cll.llRt.Jll REG! STER£]) P. LS. I 34585 ............ ; _,, __ ._._ --IDCAIDllEllR:#.ll: ----~.,. ----- el) = ·~ = = N (-\.....----___ _.., [----_,) I I ·--I •' .. ···-; ... ~I City of Rifle Master Plan Rifle Airpark A-S '6.14Af. _J SITE -A-U Airperl U.ht llG!strial 11950 Aats -HO Airpert c-Oal 85 .06 Aats c I A-II Airpertlll•ltrial SB3 Aats I I) lil*ltrial (&istint Ztnilg) 41 .46 Aats A-PO l"lljcJltstillllilllill 61.93 Aats A-S Airpert Slppert Di!lrict 155JO Aats 05 ~Spi<f 81 .02 Aaes j "POS Pltm!UI ~ Spicf bllSition z-43 .92 Aaes ~----·-· ·.~bJlfl:la4ty/iftd-LJ ~ lfAOlt 'l\ll1., G ~ 0 r • -,...,. ··:.' 4: • .~:·.~:;-._ 12i-.,2'Fr .-...... -.;.•;s ... co s.... ......, en ::J . "'C "'C c 0 ·-0 ......, ..c ... ..c s.... -~ 0 -..c Q) ..c s.... C') 0 ·- E ~ c Q) .Q ..c ......, ......, co c >< Q) s.... c ::J c (.) co (.) Q) 0 c+:: 0 ·-......, 0:: "'C '+-Q) 0 ~ Z' 0 ·-() co Q) Q) ..c s.... ......, co ..c en ......, Q) s ~ • ----~I I Recommended Findings: I 1. That the proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at the meeting. 3 . That for the above stated and other reasons to amend the Special Use Permit for a Contractor's Yard by removing Condition 10 is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan. 5. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code. j Staff Recommendation: i i Should the Board of County Commissioners approve the request to amend the Special Use Permit for a Contractor's Yard by removing Condition 10 on a property owned by J. Bruce and Ann Dee Snode and the following the list of conditions could be applied to assure compliance with required regulations and standards. Conditions of approval 1 through 9 have been carried forward from Resolution 2008-93 with a modification (shown in yellow) to Condition 9 as recommended by County staff. 9. The Applicant shall submit an updated site plan to reflect the representations as made to the Board of County Commissioners on July 21, 2008. This site plan shall identify the specified 21,000 square foot vehicle storage area to re lace the reviousl re resented 7,500 s uare foot vehicle area. This site plan shall also include all applicable elements as · ,.,. identified under Section 4-203 D. Site Plan of the LUDC and submitted for review by the Community Development Department prior to the issuance of an amended Special Use Permit. ·:~:~ -~~>~~::.::~· .. :i~:' :i.~~::.:~;:"~~~~;::'.)·~~~~~.:C -:}~&~~i .. :::-:;.~;~~ (Y.l·~~ .. : ~ •. .....,, .. ~ -\.M', J,i£;1io&:.'.: .. ~ •. ~,t,,.\;,.~,~ -<r-j:j~~ ~i!.J';...'_ .• ~-~~.)r~~~-"--·1"--,: f~~.r-,..,~~j r,_. " ·:h' 1111 tii\r~~r1.~M1U..,Ut,.~~tMR.:I~ Ir'-"-~·~ 11111 --------I <;BIT Reception~: 755792 09/1612008 04 :40 :13 PM Jean Rlberioo 1 of 1 Rec Fee :$0 .00 Doc Fea :0 .00 GARFIELD COUNTY CO SPECIAL USE PERMIT for J. Bruce and Ann Dee Snode (Hogback Trucking) 0918 County Road 352, Rifle, Colorado Parcel Number: 217918400418 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008 -~ of the Board of County Commissioners of Garfield County, State of Colorado, hereby authori7.es. by Special Use Permit, the following activity: A Contractors Yard The Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY LORADO JULY 21, 2008 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO EXHIBIT IH CONSIDER A SPECIAL USE PERMIT FOR A CONTRACTOR'S YARD WITHIN THE ARRD ZONE DISTRICT AND LOCATED APPROXIMATELY ONE MILE EAST OF THE CITY OF RIFLE. APPLICANT IS BRUCE SNODE -DAVID PESNICHAK Commiss ion er Houpt recused herself saying the counsel for the applicant works for the same law firm as her husband. Julie Hanson and Bruce Snode were present. Julie answered all questions however Bruce answered regarding the posting of the property . Carolyn reviewed the noticing requirements for the public hearing and determined they were timely and accurate . She advised the Board they were entitled to proceed . Chairman Martin swore in the speakers. Planner David Pesnichak submitted the following exhibits: Exhibit A --Mail Receipts ; Exhibit B -Proof of Publication ; Exhibit C -County Zoning Regulations of 1978 as amended; Ex hibit D -Garfield County Comprehensive Plan of2000, as amended Exhibit E -Application; Exhibit F -Staff Report ; Exhibit G -Memo from Jake Mall of the Garfield County Road and Bridge Department dated June 26, 2008 ; and Exhibit H -Email from Steve Anthony of the Garfield County Vegetation Management Department dated July 14 , 2008 . Chairman Martin entered Exhibits A -H into the record REQUEST The Applicant has submitted a Special Use Permit to allow a "Contractors Yard" on a property situated within the Agricultural Residential Rural Density (ARRD) Zone District, east of the City of Rifle near the Garfield County Airport. A Contractors Yard is contemp lated as a Special Use within the ARRD Zone District. The subject property is approximately seven (7) acres in size . T he Applicant requests that the Board of County Commissioners (the Board) approve a Special Use Permit (SUP) allowing a "Contractor's Yard" on a 6 .69 acre parcel zoned Agricultural I Re s idential I Rural Density (ARRD). The intent is to utilize the parcel for the parking of five (5) trucks used to deliver water to oil and gas companies and drilling sites and a related rep air and maintenance facility. The parking and storage area is represented to be approximately 125 feet by 60 feet (7500 square feet) while the maintenance facility is approximately 3200 square feet. No water or wastewater facilities are proposed to be used or installed in conjunction with either the parking or maintenance facility and no representation of water rights or wastewater disposal hav e been demonstrated. Traffic generated by the proposed use will be up to twenty (20) vehicle trips per day . In addition , the Applicant has made the following representation s : The Applicant 's request is consistent with the definition ofa Contractors Yard approved by the Board of County Commi ssioners . STAFF RECOMMENDATION Staff recommends approval of the proposed Special Use Permit allowing a "Contractors Yard " with the following conditions of approval : I. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval , unless s pecifically altered by the Board of County Commissioners; 2 . The Applicant shall comply with a ll standards as set forth in §5.03 .08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows : a. Volume of sound generated shall comply with the standards se t forth in the Colorado Revised Statutes. b . Every use shall be so operated that the ground v ib ration inherently and recurrently generated is not perceptible, without instruments , at any point of any boundary line of the property on which the use is located . c. Emissions of smoke and particulate matter : every use shall be operated so as to comply with all Federal , State and County air quality law s , regulations and standards. d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals , reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national , state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage wi II be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. h . Any repair and maintenance activity requirin g the use of equipment that will generate noise , odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a .m. to 6 p.m ., Mon .-Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way . j. Any storage area for uses not associated with natural resources shall not exceed ten (I 0) acres in size. k. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property . 3. At no time shall the total number of vehicle storage associated with this Contractor 's Yard exceed three (3) tractor tra iler semi trucks and two (2) "Bobtail " trucks . All vehicle storage shall occur within the screened and identified 7500 square foot storage area at all times . 4. The total area to be used for vehicle storage shall not exceed 7500 square feet and shall occur within the area identified by the Applicant in the Special Use Permit. 5 . The Applicant shall obtain and abide by all access o r driveway permits from the Garfield County Road and Bridge Department. 6. In order to control dust, the Applicant shall periodically treat the driveway and storage a rea with an approved dust suppressant. 7. The Applicant shall construct an eight (8) foot tall , completely obscuring, privacy fence in the area identified within the Special Use Permit for vehicle storage and s hall not exceed a total of 7500 sq uare feet. 8 . All vehicles associated with this Special Use Permit must be licensed and in compliance with State and Federal requirements. 9. As neither a plan for handling water runoff from vehicle washing nor a demonstration of adequate water rights have been submitted, no vehicle washing shall occur as a permitted use associated with this Special Use Permit. I 0. As the maintenance and repair facility will require that employees be onsite for extended periods of time , sanitation facilities shall be installed. Such sanitation facilities (restrooms) shall be demonstrated to have a legal and adequate water supply as well as a waste disposal system which is in conformance with accepted engineering and regulatory standards. Prior to issuance of the Special Use Permit, the Applicant shall identify the location of such a facility as well as demonstrate that adequate legal and physical water is available to serve the facility. In addition , prior to issuance of the Special Use Permit, the Applicant shall demonstrate that a waste disposal system ca n be installed to serve the facility which is in compliance with all accepted engineering and regulatory standards. Julie stated they started this process over a year ago because Bruce 's property is in a weird zoning area. It is surrounded by mini storages, other truck storage facilities , a ri g , the airport, County shops , etc. We started with the zone amendment, the text amendment allowing for contractor yards within the AARD. Then we started the special use permit process ; we are fine with most of the staff recommendations. Bruce is happy to comply with the majority of those . She started with the sanitation facilities ; Bruce lives on the property and he ha s one other employee who is there after hours. The guys who are corning and going do not stay to work on trucks ; they literally do drop off and pick up the trucks. Bruce has restrooms in his residence , if the port-a-potty isn 't sufficient for those corning and going employees, Mike would be using his restroom as well . They do not feel there is a need for a full blown sanitation system. Number 9 , is fine by us ; they don 't wash trucks there. The fencing a nd screening is only an issue because there are no other properties around there that are fenced or screened. They understand those properties are zoned light industrial , so they did not have to go through this process. Bruce 's use and what he is doing with the property fits in with the surrounding area and doesn't interfere with views from other people . When the application was started, Bruce did have the tractor trailers; he of course would like to expand his business as times change. The property does not allow for hundreds of trucks out there, it is only six (6) acres ; but they would like the permit not to be limited to five (5) trucks . She understands that as he adds trucks it may require a traffic study or a sound study again to make sure we are fitting into that. She would like to suggest; if we don't limit the amount of trucks and he wants to increase, we do a review and submit those studies. Bruce wanted to expand a little ; the traffic impact study for the five (5) trucks came out as a negligible amount of traffic for that road . Even if we were to double the number of trucks it still would have a negligible impact on what the current use of the road is . The purpose for doing a speci a l use permit is to run a business out of there and hopefully even make some money. Bruce explained where the trucks would be kept and it would not stretch out across his property. His neighbor is a very nice person and he has talked to her and she has no problems with this. The screening, the area surrounding this isn't the prettiest spot in Garfield County. Bruce described all the surroundings and he sees no reason for screening. Bruce stated in the staff recommendations they are asking for a bond for reclamation ; what is to reclaim? He doesn't understand the reason for that. David stated he caught that in the staff report, there is supposed to be a "not" in there . Julia stated our request would be that the special use permit be approved with possibly some amendment to the number of trucks, the fencing and the requirement for the sanitation facilities . Commissioner McCown said to Julia that she has been before the Commissioners enough; it is almost impossible for us to generate a special use permit with what-ifs . If you want e ight (8) trucks ; tell us eight (8) trucks . If you want 9 ,000 foot of truck storage ; tell us 9,000 foot. But, don't say I want a permit for five , but I may double it ; we can 't do that. The minute you add another truck it requires an amendment to the special use permit and you know we don't have that process yet, so it is a new application. If you have any idea today ; if you want eight (8) trucks and 9 ,000 foot of storage, tell us that and that will be considered in the application . Bruce stated at this point ; if I put twelve ( 12) trucks in there that would be the extent without starting to push them into corners where they shouldn't be. These are parked along the south property line on the west edge of the property and the east edge of the gully . Commissioner McCown asked if they would be tractor trailers or bobtails , what would be the breakdown . Bruce stated five (5) tractor trailers and seven (7) bobtails. Commissioner McCown asked if the storage was going to triple . Bruce asked to have the map put back up. He explained where everything would be done and the area that will always be where they park the trucks . Carolyn suggested , if they decided to go forward , they make a condition of approval that a site plan be provided. Commissioner McCown -I make a motion to close public hear ing and Chairman Martin seconded . In favor: McCown -aye Martin -aye Houpt -recused Commissioner McCown -I make a motion we approve the s pecial use permit for a contractors yard amending number three (3) to read at no time shall the contractor yards exceed five (5) tractor trailer semi-trucks and seven (7) bobtails , and number seven (7) 21,000 square feet storage area a nd strike number (I 0). Chairman Martin asked if they are leaving in the privacy fence . Commissioner McCown stated that could be a berm, it just has to be obscured. Bruce asked , as long as it is eight (8') foot and that it would onl y need to be on County Road 352 side. Commissioner McCown stated completely enclosed and he state d he is having second thoughts on that. Chairman Martin stated really they are not going to hide anything. Commissioner McCown stated on number seven (7) he will scratch everything through within and starting at the special use permit for vehicle storage shall not exceed a total of2 I ,OOO square feet. Chairman Martin stated adding the condition that there is a site plan that is attached to that I will second . Commissioner McCown stated yes, there will be a site plan before the special use permit is issued . Carolyn asked , as you all know the special use permit run s with the land , they are not personal to this owner. Considering that you have expanded the number of vehicles a nd the storage area ; which could mean the number employees, is there any usefulness to going back to the discuss of the port-a-potties or even considering. Nope, that is all I need to know. Commissioner McCown stated ; and I can add a last condition which would be number (I 0) that this particular special uses permit would only be enforced as long as it is operated the owner that applied for it today . Chairman Martin -Second . In favor : Houpt -recused McCown -aye Martin -aye / EXHIBIT _M_o_11 .... vo_r_k_i1d_-_L_a_rs_o_n ________________________________________ .. f ~=_...f.·.___ From: Sent: To: Cc: Subject: Hi Molly, David J . Pesnichak [DPesnichak@lincoln.ne .gov] Sunday , November 24, 2013 11 :24 AM Molly Orkild-Larson Tamra Allen Re : Snode Contractor Yard -Amendment to the Special Use Permit I have had a chance to review the staff report and minutes . I believe that, because this was somewhat of a transition area between residential and industrial properties but still zoned ARRD and not adjacent to LI , this condition was added to allow the Commissioners and the neighboring property owners the opportunity to review any changes/expansion/continuation which could occur in the future . The thinking was that if the property was being so ld , then this could signal that the neighborhood was changing to the extent that this SUP should be reevaluated. Requiring the expiration of the permit ensured that would happen. We had been requiring reevaluation of some permits with simi lar issues before the Snode application, but they were fairly consistently over looked. Whereas, if the permit was to expire at the time the property sold , this would certainly be picked up with in the sales documents , be brought back to the County's attention and prompt another public look at the use. As far as I can recall , this was the only time we used this method to ensure reevaluation while I was there. And as you noted, this option was brought to the table by Larry McCowen, not staff. I believe Larry is still hanging around in GJ -if you need to get his recollection I am sure Fred or someone of the Planning Commissioners have his contact info. If not, I would probably be able to find that for you . I hope this helps. Best, Dave David J Pesnichak, AICP Transportation Planner City of Lincoln/Lancaster County Long -Range Planning Division 402 -441 -6363 dpesnichak@lincoln.ne.gov CITY OF .,.L INCOLN ,1 NEBRASKA On Nov 22 , 2013 , at 5:08 PM, Molly Orkild-Larson wrote: Thanks Dave for getting back with me. Let me know if you remember anything else. -----Original Message----- From: David J.Pesnichak [mailto :DPesnichak@ lincoln.ne.gov] Sent: Friday, November 22, 2013 11 :08 AM To: Molly Orkild-Larson Subject: Re: Snode Contractor Yard -Amendment to the Special Use Permit Hi Molly, I may be mistaken here and I have not yet read through the minutes, but if I recall, although Mr Snode owned the property, he was not the one running the business. Also , at the time there was so much oil and gas development that the commissioners were more agreeable to ensuring that SUPs come back for approval to try to prevent their proliferation once drilling ceased. I will look the materials over some more and give it some more thought and let you know if I remember anything more. Best, Dave Sent from my iPhone On Nov 22 , 2013, at 11 :56 AM , "Molly Orkild-Larson" <morkild-larson@garfield-county.com > wrote: Dave: I'm working on the above application that requests to amended the approved Special Use Permit by removing Condition 10. Condition I 0 states that once Mr. Snode sells his property the approved land use (Contractor's Yard) goes away. The approved Contractor's Yard does not "run with the land." I have attached the minutes to the BOCC hearing and the Resolution to jog your memory. The minutes do not provide the reason why Commissioner McCowen set Condition 10 and none of the "old timers" at the County remember either. Do you know why this condition was set? Thanks , Molly <DOCl 12213-11222013110225.pdf> CONFIDENTIALITY NOTICE: This e-mail message , including any attachments , is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review , use, disclosure or distribution is prohibited. If you are not the intended recipient , please contact the sender by reply e-mail and destroy all copies of the original message . ~ " I I l 1 N 1'1 2 - _....._ ______________________________________ ~! ~rr Molly Orkild-Larson .. ~ From: Sent: To: Subject: Molly Dan Goin Thursday , November 21 , 2013 2.12 PM Molly Orkild -Larson Snode Contractor Yard We do not see a problem with this request at this time, They have their special use permit and have other business around them so to make it transferable is not a concern . Thanks Dan i 12: Garfield Coun Vef!etation M anaf!ement December 2 , 2013 Molly Orkild-Larson Garfield County Community Development RE : Snode Contractor's Yard SUAA 7719 Dear Molly , I have no comments on this one . Please let me know if you have any questions . Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone : 970-945-1377 x 4305 Fax: 970-625-5939 November 25, 2013 Ms. Molly Orkild-Larson Garfield County Building & Planning 0375 County Road 352, Building 2060 Rifle, CO 81650 RE: Snode Contractor Yard: SUAA 7719 Dear Molly: MOUNTl\IN CROSS EN61NEERIN6. INC. Civil and Environmental Consulting and Design EXHIBIT I L - This office has performed a review of the documents provided for t he Special Use Amendment Application of the Snode Contractor Yard. The submittal was found to be thorough and well organized. The review generated the following comment: I. There are multiple conditions within the resolution . The Applicant s hould verify that they are in compliance with the rest of the conditions of the resolution. Feel free to call if you have any questions or comments . Sincerely, Mountain Cross Engineering, Inc . Chris Hale , PE 826 % Grand Avenue, Glenwood Springs , CO 81601 P : 970 .945 .5544 F: 970 .945.5558 www .mountaincross-eng .com Molly Orkild-Larson From: Sent: To: Subject: Hi Molly, Morgan Hill Monday, November 25 , 2013 10:27 AM Molly Orkild-Larson Snode Contractor's Yard EXHIBIT ~ My comments for the Snode Contractor's Yard are fairly minimal since there is no new construction or other activities proposed at the site at this time . However, the applicant should continue to adhere to the conditions indicated in the resolution signed by the BOCC in 2008 in the use of the facility . These conditions should also be emphasized to future owners of the property to ensure dust, odors, glare, vibration, no ise, or smoke . Those using the prope rty should also be sure to properly store and dispose of any hazardous materials . Thank you, Motfltt" 111aa Environmental Health Specialist II Garfield County Public Health 195 W . 14th Street Rifle , CO 81650 Phone : (970) 665-6383 Email : mhill@garfield-county.com www.garfield-county.com/environmental-health November 25, 2013 Molly Orkild-Larson Garfield County Planner RE: Snode Request Remove condition 10 of resolution 2008-93 Dear Ms. Larson: EXHIBIT I~ Upon review of this information the airport has no objection to this request, provided that current and future owners comply with county and federal rules and regulations regarding compatible land use. Specifically land use compatibility as found in the Garfield County Land Use & Development Code and all federal rules and regulations pertaining to wildlife hazard management and ground reflectivity. Please feel free to contact me if further clarification or assistance is needed. Sincerely, Brian Condie, CM Airport Director Garfield County Regional Airp~ounty Road 352, Building 2060, Rifle, Colorado 81650 · -1091 F: ~~fg501 IE: rifleair art@ mail.com I www.rifleairport.com Molly Orkild-Larson i ~----------111 From: Sent: To: Subject: Roussin -COOT , Daniel [daniel.rouss in@state .co .us] Tuesday , November 12 , 2013 10 :32 AM Molly Orkild-Larson Snode Contractor's Yard I have no comments on this project. thanks Dan Rou s sin Region 3 Permit Unit Manager State of Colorado , Colorado Department of Transportation 222 South 6th Street, Room 100 , Grand Junction, CO 81501 office : 970 .683.6284 lfax: 970.683.6290 email : daniel.roussin@state.co.us EG:' TO: FROM: DATE: RE: MEMORANDUM File Molly Orkild-Larson Senior Planner November 15, 2013 Snode Contractor's Yard (SUAA 7719) I -r''T A phone message was received by Fred Jarman , Community Development Direc tor, on November 4 , 2013 from Ed Elder regarding the Snode application . Mr. Jarman transferred the message to me and I called Mr. Elder on November 5, 2013. Mr. Elder wanted to know what the recent notification was for regarding the Applicant 's application which I explained. He then stated that he was never notified about the Contractor's Yard reviewed in 2008 and therefore this land use was not a legal business . He also indicated that his driveway is adjacent to the Snode 's property and therefore he should have been noticed . I verified the 200 foot distance required for notification and found Mr. Eider 's property to be more than 200 feet away from the Snode parcel. A portion of Mr. Eider 's driveway is adjacent to the Snode 's parcel but is situated on another land owner's property. I also told Mr. Elder that if he had an issue with this application he shou ld either send me an email or write me a letter stating his grievances. Mr. Elder said that he didn 't wish to create problems with his neighbors and therefore wouldn't be sending me any statement documenting his complaint.