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1.0 Application
July 22, 2008 Beattie & Chadwick, LLP c/o Julie S. Hanson 932 Cooper Avenue Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit -Contractor's Yard (Snode -Hogback Trucking) Dear Ms. Hanson : As you are aware, on Monday, July 21, 2008 , the Board of County Commissioners approved a Special Use Permit for a "Contractor's Yard" operated by Hogback Trucking, located property west of the Town of Silt on CR 233 and owned by Bruce Snode with the following conditions : 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 . c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality 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 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. Any repair and maintenance activity requiring 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 108 Eighth Street, Suite 401 •Glenwood Springs , CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 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 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 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 Perm it. 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 vehicles 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 permitted use associated with this Special Use Permit. 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 7500 square foot vehicle storage area. This site plan shall be submitted for review by the Planning Department prior to issuance of the Special Use Permit. 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". Sincerely, / ~Pesnlchak Senior Planner (970) 945-8212 e ----- 2 e [ [ ~ '' O' 100 ' AND CAP FOUND REBAR ---------:;--;;;;:;;-~;;;;;=-F~iQs"Jit;---------------------i LS 27613 ------N 90'00 '00" E 905 .0t' e-\/ELL ---, ~ 0 -C !S TERN '',,'>oJ. -GllRAGE . ---2<1 ' x 36' ,-_.-.--:~Q· -~. . .ONE STORY ' I \/ODD FRAME ---J I \ -······ ··-i \ , I .:: I I t: !,,; ! 1· FOUND l/4 CORNER ~ 57\B8" ·! i : E~cI!1?':1 1a119--.___l--l ,,::~.~-_.J,.~--'"-'---'----....._ ___ _ s 88'22'36" w 1109.15' 200' Vl ~ 8 ~ "' ~ <D ~ ---------1 l~ICH a I 00 FEET HOUSE DETAIL 1' = 20 ' ADDRESS: 0198 CO UNTY ROAD 352 STE\/ ART TI TU: GUARANTY ca. TITLE COMMITMENT ORDER NUMBER • 200606ZC LEGAL DESCRIPTION • A PARCEL ar LAND SITUATED IN THE S\11/4SE1 /4 OF SECTION 19, TOllNSHIP & SOUTH, RANG E 92 \/EST OF THE 6TH P.H ., MORE PARTICULARLY DESCRIBED AS FOLLOWS• BEGINNING AT THE SI/ CORNER OF SA I D SECTION 10, THENCE ALONG THE SOUTH LINE OF SAID SECTION !B, Nae· 22' 36 ' E !, 620. 91 FEET TD THE NORTH/SOUTH CENTERLINE or SAID SECTION 19 THE TRUE POINT OF BEGINN!NG1 THENCE ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION IB NOO •c7'29'\I 57. ee FEET TD THE SOUTHERLY RIGHT OF llAY OF PROPOSED 100. 00 FDDT ROADJ THENCE ALONG THE SOUTHERLY AND EASTERLY RIGHT OF llAY OF SAID ROAD ALONG THE ARC OF A CURVE TD THE LEFT 206. 95 FEET, SAID CURVE HAVING A RADIUS OF 450 . DO FEET AND A CHORD llH!CH BEARS N40'36' 13'E 284 . OD FEET1 THENCE Ne2 ·1z •31 •E: 51.12 FE!'..T J THt:NCE LEAVING SAID RIGHT or llAY S90 '00' OO'E 905. Cl fEET1 THENCE soo·oo 00•11 289 . 41 FEET TD THE SOUTH LINE OF SAID SECTION !BJ TH ENCE ALONG SAID SOUTH LINE OF SAID SECTION 18 S68 '22' 36 •11 1, 109. 15 FEET TO THE TRUE PO [NT or BEGINNING . COUNT Y OF GARFIELD STATE or COLORADO IMPRO VEME NT LOCATION CERT IFICATE I HEREBY CERT[FY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PR EPARED UNDER MY DIRECT SUPERVISION FOR BRUCE AND ANN SNODE/ STEllART TITLE GU ARANTY CO., THA T THIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TD BE RELIED UPON FOR TH E ESTABLISHMENT or FENCE, BUILDING, DR OTHER FUTURE IMPROVEMENT LlNES . I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, JULY 28, 2006 , EXCEPT UTILITY CONNECTIONS, ARE EN TIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHD\IN, THAT THERE ARE ND ENCROACHMENTS UPON THE DESCRIBED PR EMIS ES, EXCEPT AS INDICATED , AND THAT THERE JS. NO APPARENT E:VIDENCE OR SIGN OF ANY EAS~MENT ~.ING OR~DENru-'\NY~ART OF I . PARCEL, EXCEPT AS NOTED . ,,,-~\'/J RE, · ;_;)_CA -~' DA --c. NicHoCs-- COLORADO REGISTERED P. L S. # 34565 .,,, epr ff'i!'FliY£ lf(C. ~ Del'fd C Mobobozi J.!J.- IMPROVEWJ~T LOCATlON CERTlflCATE OtH OOUH1'Y ffGol.O 3:» OOIP ~ Rltitf'RMt/ -""""-/17111 61'--41Jt -C!WTY, cotn1W)O D47!> 1/.J•/bt I PRO.I. 01. $NOIJl .t.C.Oit'a ( / e~" '-/CJCv~c-l ~ ~ co~ft,f::; r- 4f;:gavto{ Cz-o )-~c..a ,/L-~v Exhibits for a Public Hearing held on July 21st, 2008 (Snode -Contractors Yard) Mail Receiots B I Proof of Publication C I Garfield County Zoning Resolution of 1978, as amended D I Garfield Countv Comorehensive Plan of2000 E F G H Memo from Jake Mall of the Garfield County Road and Bridge Department dated June 26, 2008 Email from Steve Anthony of the Garfield County Vegetation Management Deoartment dated July 14, 2008 ' -p1of,af . 'L:'[..--...... • .Jf ·"'·ti(/~· (/ ,.MVV•':l ~ t. t, t': / f.,~} {.~ ;i ·_,J··· ... 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( ~f·l:i •? ;;,, . t . \ '.' \/ a,f,,,; G-1 s .d'.l 02{s)@)@) June 3, 2008 Beattie & Chadwick, LLP c/o Julie S. Hanson 932 Cooper Avenue Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit-Contractor's Yard (Snode -Hogback Trucking) Dear Ms . Hanson: This letter is to inform you that the Special Use Permit application for a "Contractor's Yard" has been deemed technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution. This application will be reviewed by Staff and a report will be sent to you . The Garfield County Board of County Commissioners will discuss and review the proposed Special Use Permit at a public hearing scheduled on July 21 5 \ 2008 at 1 :15 pm. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. As a matter of process, the Board of County Commissioners shall hold an advertised public hearing on the proposed Special Use Permit at a regularly scheduled meeting . The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. The Applicant shall present proof of publication and mailing at or before the meeting . The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed subdivision and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date such hearing, and proof of publication shall be presented at hearing by the applicant. 10 8 Ei ghJitStree t, Suit e 401 •Glenw ood Sprin g~O 81601 (9 70) 9f'l182 12 • (9 70) 285-79 72 • Fax : (9 7~4-34 70 ~(i 1 T~S 1 RC?d-w :=z= Application Name:.Svr -~vvt f~, ... ~'--~-... n Date Application Sent: (o r DK ~ M t. Sopris Soil Conservat ion District Bookcliff Soil Co n servati on Di strict Town of DeB equ e/ City of Rifle J Town o f Basalt Town of Carbondale Town of New Castle Town of Silt Town of Parachute Eagle Count y Plannin g Dep artm ent Ri o Blanco County Planning Departm ent Pitkin County Pl anning Department Mesa Count y Planning Department Burning Mtn. Fire Di strict · tf f ~ / ("c, I (Jocc /C)~ ( 5-r °I ---¥- Town of Silt Fire Departm ent J Rifle Fire Protection District V Grand Valley Fire Protection Di strict Carbondale Fire Protection District Glenwood Springs & Rural Fire RE-1 School Di strict _K_ _x_ x RE-2 School Di stri ct School District l 6 C arbondal e Sanitation District Battlement M esa Metropolitan District Spring Vall ey Sanitation Di stri ct Wes t Glenwo od Sanitation District Mid-Valley M etrop oli tan Sanitation Distri ct Roaring Fork Wate r and Sanitation District Hol y Cross Elect ri c (Roaring Fork. S. of Co. Ri ver west ) Public Service Company (N of Co. River west) KN Energy (S. of Co. Riv er, Roaring Fork ) We stern Sl op e Gas Com pan y US West Communications (G.S. & Cdal e area ) US West Communications (N.C., Sil t. Rifle ) US W e st Communications (Rifl e, B.M., Parachute) AT&T Cable Service Colorado State Forest Serv ice Colorado Department of Transportation Co lorad o Division of Wildlife (GWS Office: Canyon Creek East) Co lorad o Div ision of Wildlife (GJ office: C an yon Creek West) Colorado Dept. of Public Health & En vironment Colorado Divisi on of Water Re sources Co lorado Geo logical Survey (Need prepay form) Colorado Water Co n servancy Board Co lorado Min ed Land Recl amati on Board Bureau of Land M anagement Department of Energy -We stern Area Power Adm.in. Bureau of Reclamati on -Wes tern Colorado Area Offic e US Corp s o f Engineers Northwest Op tion s of Long Term Care [)Jee "-J'u!J c I ('operp0 ?(z-0- dve-- ~ ~ 3. OJ-- ' T3u .~ ~ Roaring Fork Tran spo rtati on Auth orit y ~ Garfi eld County R oad & Bridge (Dist. 1: Canyon g:ee k Eas . Di st. 2: an yo n Creek West and N. ofl-70. Dist. 3: S. of I-70) Garfi eld County V egetation (Steve Anthony) ·i/ Garfield Count y Hou sin g Authority (G an eva P owell ) · Garfi eld Cou n ty Engineer (Jeff Nelson ) Garfield County Oil and Gas Auditor (Doug Dennison) Garfield County Sh eriff Dep arynent (Lou Valaria) Garfield County Attorney / Engin eering: _________________ _ Ditch C o mpani es:------------------ / BOCC 7/21/2008 DP Bruce Snode (Hogback Trucking) Special Use Permit Project Information and St aff Comments REQUEST APPLICANT I OWNER LOCATION WATER/SEWER EXISTING ZONING ADJACENT ZONING STAFF RECOMMENDATION Special Use Permit to allow a Contractors Yard Bruce Snode Approximately 1 miles east of the City of Rifle off County Road 352 (Near Garfield County Airport) None Agricult ural Residential Rural Density (ARRD) Agricultural Residential Rural Density (ARRD) Approva l with Conditions -1 - BOCC 7/21/2008 DP I 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 contemplated as a Special Use w ithin the ARRD Zone District. The subject property is approximately seven (7) acres in size. The 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 Residential I Rural Density (ARRD). The intent is to util ize the parcel for the parking of five (5) trucks used to delive r water to oil and gas companies and drilling sites and a related repair and maintenance facil ity. The park ing and storage area is represented to be approximately 125 feet by 60 feet (7500 square feet) wh ile 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 have been demonstrated. Traffic gene rated by the proposed use will be up to twenty (20) vehicle trips per day. The Applicant has represen t ed this application in the following manner: Nature and Character o f the S pecial U se Reques t ed · Mr. S node nms a. trucking bus iness called Hogback Trucking and would like to park approximate ly five (5) trucks on the Pro perty. This includes three {3) tractor trailer semi trucks and two (2) "Bobt ail" trucks. H o gb ack Trucking delivers '"1ater t o oil & gas com p anies and drill sites in the area . The trucks typic a lly woul d leave in the mornin g and come back in tbe ev ening and w o uld not come and go from the Property througho ut the day. There may be eme rgency situations where a site will need service o utside of the typ ical hours. Mr. Snode doe s not propose any new structures on the Property for u se in conjunction with th e prop osed use. In add ition , the Applicant has made the following representations: e - 2 -e BOCC 712112008 DP I. Hours of Operation. As stated in our letter dated October 11 2007, the tmcks typically will leave in the morning and come back in the evening and would not come and go from the Property throughout the day, seven days a week. The morning trips occur at 7:00 am. and the evening retmn trips occur at 6:00 p.m. Occasionally, an emergency situation may occur at a well site causing trips to occur outside of those t)pical time periods. Nurnber and Type ofVehic.}es. As stated in the letter dated October I, 2007, there are five (5) vehicles, including three (3) tractor trailer semi trucks and two (2) "Bobtail" trucks . It is anticipated that there will be two trips per day p er vehicle seven days a week equaling seventy (70) trips a week. Size and Location of Existing and Proposed Structures. A 3,200 square foot shop structure will be used in conjunction with the proposed use for vehicle repair and maintenance. Electric Power Service I Utilitv Improvements. There are no proposed utility improvements. The necessary electric power service and utility improvements are in existence on the Property. The Applicant's request is consistent with the definition of a Contractors Yard approved by the Board of County Commissioners. Contractors Yard Definition: "The use of land for the purpose of storing machinery, equipment and supplies for an individual business that provides services to clients through the use of the machinery, equipment or supplies. Such use may include office and repair facilities." II REFERRALS City of Rifle: Rifle Fire Protection District: Garfield County Road and Bridge Department: Garfield County Vegetation Management: No Comments Received No Comments Received Exhibit G Exhibit H - 3 - --.. -c~•un o-CJ ....... D "" B=- zcnrv ~'-' DJ:!J ;1ri1 ~'b"M!r!'IL'hr_... CJa. ~:u- 0 •1110 .y.r.-....._'6!~e-~ []tj o::: ~~ -a. ~U.b<I. B ~ ::::-~ .D.l'llci-,,_,_.IW'~ .. ~ .. ....;·o.~- L.,.;J 1t::i~ ...... ......-.:....-.-~~ L2J:•x.c' ~~'~LW,.- c::.:.J AL-se ~t.n..a.S-.,_0.-i"t f.::.J lllU.':• ..... ....,U."'9cl~'ios.a• 0..ut/ li§J~ie ..........,~w...-~·u....~· --~~ ~ c::J ltO'it" J/l:rtJl'f4'.,,,.,,,.~-..-; C]crrt~'I~ -:.r -ur- BOCC 7/21/2008 DP I ~Ill 0 Snode -Hogback Trucking Contractor's Yard 500 1,000 2,000 Feet e e N W+E s -4 - I/, . ~( . -l~> . c1 I i '" ............. .J L// j ..J·, '-='-\•) 0 Snode -Hogback Trucking Contractor's Yard 500 1 ,000 I 2 ,000 Fee t I BOCC 7/21/2008 DP - 5 - dO 800Z/~Z/L :>:>08 ~ .. CD 0 0 c: ~ -ug.rv g'iJ-u1ois gp!1.PA iood gmnbs OO~l AµgdOld UO ;}UJOH 'BU!lS!X3 s::: \J ::::0 0 < fTl s::: r1l z -l r 0 0 )> -I 6 z 0 fTl :;;o --4 'I 0 2:j r1l • WS!JZ 3 .00.00.00 S z "' q 0 0 & BOCC 7/21/2008 DP View of Subject Property: Looking South at Existing 3200 Square Foot Repair Facility View of Subject Property: Looking South at Access and Existing Repair Facility - 7 - BOCC 7/21/2008 DP III § 5.03 Review Standards (-1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The proposed Contractors Yard does not include any restroom or other sanitary facilities and the Applicant has not represented any water rights or ability to install an ISDS on the site. The Applicant has represented that the existing utilities are "adequate" but has not demonstrated this representation. In addition, the Applicant has not presented any plans for water containment or recycling for produced truck washing water. As the proposed use includes a repair facility (as opposed to only truck parking) which will presumably keep employees at the site for extended periods of time, Staff recommends that sanitation facilities be provided . Such sanitation facilities shall be operated with legal water, which could require amending the existing well permit or obtaining a new well permit. Staff recommends that a condition of approval be required that the Applicant install sanitation facilities which are supported by legal water and adequate disposal methods . As an alternative, the Applicant may choose to eliminate the repair facility. (2) Street Improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Staff referred this application to Garfield County Road and Bridge Department (Road and Bridge). Road and Bridge provided the following comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. If a driveway permit cannot be produc ed for the driveway showing a commercial us e then a new driveway permit would be needed. If a driveway permit has been issued for commercial use then the existing driveway would need to meet the new standards. This would include a minimum width of 40-feet, a paved apron the width of the driveway extending 20-feet into the driveway of asphalt or concrete, a minimum of 4-inches in depth and a stop sign at the entrance to Cr. 352. The stop sign and the installation shall b e as required in the MUTCD (Manual on Uniform Traffic Control Devices). The stop sign shall be a 30-inch industrial sign. There may be concerns about the washing of trucks and possible contamination of the soils from the trucks and the water run off without a retention pond or some source of recycling of the water. The request does meet with current uses of the surrounding properties The traffic analysis prepared by Lee Berger of Schmueser, Gordon, Meyer represents the following: e e - 8 - BOCC 7/21/2008 DP The proposed use (truck storage) for the site will add approximately twenty (20) vehicle trips per day to CR 352. This was calculated by assuming that the site will store up to five (5) truck s per night. For each vehicle stored, approximately four (4) trips per day will be generated; two trips \Vill be made by the stored vehicle leaving the site in the morning and returning at the end of the day, while two more trips will be made by the truck driver (in their personal vehicle), entering the site in the morning and leaving the site after the driver's shift ends. CR 352 is classified as a Major Collector by County Standards which allows for 2,500 + vehicles per day. The ADT on CR 352 in 2002 was 1, 139 vehicles per day, as found on the Garfield County website. If we assume a conservatively high growth rate per year of 8%, the ADT on CR 352 would be approximately 1,807 vehicles per day in 2008. Adding 20 daily trips to the existing volumes will not significantly impact the operations and capacity of CR 352. It is assumed that the majority of the site trips will be made to the north on CR 352, which provides acc ess to East Mamm Creek Road and the 1-70 interchange (Exit 94). The majority of the existing traffic on CR 352 uses the other (west) end for access to Rifle. Based on the aforementioned findings, Staff finds that as long as the Applicant obtains and abides by all conditions of the Driveway Permit from the Garfield County Road and Bridge Department that the street improvements are adequate to accommodate the traffic volume generated by the proposed use. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding Adjacent and nearby uses include a contractor's yard, mini-storage, the Garfield County Airport and one residential home. This is arguably a transition area between the nearby industrial uses to the west and the residential property to the east (approx. 350 feet from the proposed vehicle storage area). The nearby industrial uses, including the mini-storage to the west are all within property zoned Light Industrial. There is also one residential home on the subject property. As the subject property is zoned ARRD but does not directly abut the Light Industrial zoning to the west, a zone district amendment to allow the proposed use is not a possibility for this property at this time. The Applicant has made the following representations: (3) Most of the surrounding area is also zoned AIR/RD, however there are some parcels nearby zoned as Light Industrial. The current uses on these properties include a Contractor 's Yard and a mini storage. The addition of a Contractor 's Yard on this Property would be consistent with the surrounding area There are no plans to install increased lighting or signs on the Prop erty. The Property is not located in a typical "neighborhood" and is neighbored by onlYil?,ne~:residenFial µ;rpperty. The impact on this neighbor will be minimal. At this time there are no pl<i\i's,to '~nstal ts cr.cti!L(ences or landscape materials. -9 - BOCC 7/21/2008 DP Although Staff agrees that this is not a "typical neighborhood ", there is residential development in the area and the site is directly adjacent to County Road 352. In addition, this is the entranceway to the Garfield County Airport and the upcoming Rifle Airpark Annexation from 1-70. As such, Staff recommends, in accordance with Sect ion 5.03.08(5)(8) and 5 .03 .08(5)(0)3, that the vehicle storage area be "enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower". Section 5.03.07 Industrial Operation The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (1) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The proposed Contractors Yard does not include any restroom or other sanitary facilities and the Applicant has not represented any water rights or ability to install an ISDS on the site. The Applicant has represented that the existing utilities are "adequate " but has not demonstrated this representation. In addition, the Applicant has not presented any plans for water containment or recycling for produced truck washing water . As the proposed use includes a repair facility (as opposed to only truck parking) which will presumably keep employees at the site for extended periods of time , Staff recommends that sanitation facilities be provided. Such sanitation facilities shall be operated with legal water, which could require amending the existing well permit or obtaining a new permit. Staff recommends that a condition of approval be required that the Applicant install sanitation facilities which are supported by legal water and adequate disposal methods. As an alternative, the Applicant may choose to eliminate the repair facility . (2) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding Staff recommends periodic treatment of the gravel driveway and parking area to reduce dust emissions. A sound analysis prepared by Wagon Wheel Consulting demonstrates general compliance with the State Statute regarding noise. Measurements taken range from the mid-30dBA to approximately 50 dBA. Some measurements reached over 65 dBA levels for very short periods of time. The Industrial nature of the neighborhood and adjacent --10 -e BOCC 7/21/2008 DP uses to the west would allow for a daytime dBA of 70 and 65 dBA at night while the residential property to the east is allowed to 55dBA during the day and 50dBA at night. Noise generated by the proposed use appears to be consistent with existing neighborhood character and generally complies with State Statute. (3) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding As the intended use is to take place within a parcel which is already greatly disturbed and denuded of vegetation, Staff does not anticipate any new impacts to wildlife or vegetation. ( 4) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Finding Staff referred this application to Garfield County Road and Bridge Department (Road and Bridge). Road and Bridge provided the following comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. If a driveway permit cannot be produced for the driveway showing a commercial use then a new driveway permit would be needed. If a driveway permit has been issued for commercial use then the existing driveway would need to meet the new standards . This would include a minimum width of 40-feet a paved apron the width of the driveway extending 20-feet into the driveway of asphalt or concrete, a minimum of 4-inches in depth and a stop sign at the entrance to · Cr. 352. The stop sign and the installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). The stop sign shall be a 30-inch industrial sign. There may be concerns about the washing of trucks and possible contamination of the soils from the trucks and the water run off without a retention pond or some source of recycling of the water. The request does meet with current uses of the surrounding properties The traffic analysis prepared by Lee Berger of Schmueser, Gordon, Meyer represents the following : -11 - BOCC 7/21/2008 DP The proposed use (truck storage) for the site will add approximately twenty (20) vehicle trips per day to CR 352. This was calculated by assuming that the site will store up to five (5) trucks per night. For each vehicle stored, approximately four (4) trips per day will be generated; two trips \Vill be made by the stored vehicle leaving the site in the morning and returning at the end of the day, while two more trips will be made by the truck driver (in their personal vehicle), entering the site in the morning and leaving the site after the driver's shift ends. CR 352 is classified as a Major Collector by County Standards which allows for 2,500 + \iehicles per day. The ADT on CR 352 in 2002 was 1, 139 vehicles per day, as found on the Garfield County website. If we assume a conservatively high growth rate per year of 8%, the ADT on CR 352 would be approximately 1,807 vehicles per day in 2008. Adding 20 daily trips to the existing volumes will not significantly impact the operations and capacity of CR 352 . It is assumed that the majority of the site trips will be made to the north on CR 352, which provides access to East Mamm Creek Road and the 1-70 interchange (Exit 94). The majority of the existing traffic on CR 352 uses the other (west) end for access to Rifle. Based on the aforementioned findings, Staff finds that as long as the Applicant obtains and/or abides by all conditions of the Driveway Permit from the Garfield County Road and Bridge Department that the street improvements are adequate to accommodate the traffic volume generated by the proposed use. (5) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding Adjacent and nearby uses include a contractor's yard, mini-storage, the Garfield County Airport and one residential home. This is arguably a transition area between the nearby industrial uses to the west and the residential property to the east. The industrial uses (including the mini-storage) to the west are all within property zoned Light Industrial. There is also one residential home on the subject property. As the subject property is zoned ARRD but does not directly abut the Light Industrial zoning to the west, a zone district amendment to allow the proposed use is not a possibility for this property at this time. The Applicant has made the following representations: (3) Most of the surrounding area is also zoned AIR/RD, however there are some parcels nearby zoned as Light Industrial. The current uses on these properties include a Contractor's Yard and a mini storage . The addition of a Contractor's Yard on this Property would be con sistent with the surrounding area There are no plans to install increased lighting or signs on the Property. The Property is not located in a typical "neighborhood" and is neighbored by onlyj~ne ;r~sidenFial prnperty. The impact on th is neighbor will be minimal. At this time there are no plaHs"tci ''instalt s'cri~iiLfences or landscape materials. Although Staff agrees that this is not a "typical neighborhood", there is residential development in the area and the site is directly adjacent to County Road 352. In addition, this is the entranceway to the Garfield County Airport and the upcoming Rifle Airpark e -12 -e BOCC 7/21/2008 DP Annexation from 1-70 . As such, Staff recommends , in accordance with Section 5.03.08(5)(8) and 5 .03 .08(5)(0)3 , that the vehicle storage area be "enclosed in an area with screening at least e ight (8) feet in height and obscu red from view at the same elevation or lower". Permits may be granted for those uses with provisions that provide adequate mitigation for the following: 1) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; 2) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by t he County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; 3) Impacts set forth in the impac t statement and compliance with the standards contained in Section 5.03.08 of this Resolution. \U'\ Staff Finding --1 1 As this is considered a permanent use and th e area of distu rbance has already been greatly impacted by present activj~Thon the site, it is Staffs opinion that financial security for reclamation and rehabilitation reecessary for this facility. IV §5.03.08 Industrial Performance Standards (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statute s at the time any new application is made; Staff Finding Wagon Wheel Consulting prepared a sound ana lysis . The sound analysis demonstrates anticipated compliance w ith the State Noise Stat ue . (2) Emission of smoke and particulate matter: Every use shall be operated so as to comply with a ll Federal, Sate and County air quality laws, regulations; Staff Finding The entrance to the subject property is compact ed dirt and gravel as is the parking area . All vehicles accessing the site will be licensed and in compliance with State and Federal -13 - BOCC 7/21/2008 DP requirements. Staff has included a recommended condition of approval requiring compliance with all applicable air quality laws and regulations. (3) Emission of heat, glare, radiation and fumes: 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; Staff Finding Aside from emissions generated by vehicles and trucks accessing the site, the Applicant does not represent uses that will generate heat, glare, radiation or fumes. ( 4) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: a) 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; Staff Finding All storage of flammable or explosive solids or gases shall comply with all applicable laws at the national, state and local levels. b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; Staff Finding Adjacent and nearby uses include a contractor's yard, mini-storage , the Garfield County Airport and one residential home. This is arguably a transition area between the nearby industrial uses to the west and the residential property to the east. The industrial uses (including the mini-storage) to the west are all within property zoned Light Industrial. There is also one residential home on the subject property. As the subject property is zoned ARRD but does not directly abut the Light Industrial zoning to the west, a zone district amendment to allow the proposed use is not a possibility for this property at this time. The Applicant has made the following representations: e e -14 - BOCC 712112008 DP (3) Most of the surrounding area is also zoned AIR/RD, however there are some parcels nearby zoned as Light In dustrial. The current u ses on these properties in cl ude a Contractor's Yard and a mini sto r age . The addition of a Con tractor's Yard on this Property would be consistent with the surrounding area. Th ere are no plans to install increased light ing or signs on the Pro p erty. The Property is not located in a typical "neighbo rhoo d" and is neighbored by only 1_qn~}.~s i den rial {)J;Qperty. The imp act on this neighbor will be minimal. At this time th ere are no plaHs"to 'ins t a l t s'cr~foJ'ences or lan dscape material s . Although Staff agrees that this is not a "typ ic al neighborhood ", there is residential development in the area and the site is directly ad j acent to County Road 352 . In addition, this is the entranceway to the Garfield County Airport and the upcoming Rifle Airpark Annexation from 1-70 . As such , Staff recommends , in accordance with Section 5.03 .08(5)(8) and 5 .03 .08(5)(0)3, that the vehicl e storage a rea be "enclosed in an area with screening at least e ig ht (8) feet in heigh t and obscu red from view at the same elevation or lower". c) No materials or wastes shall be depo s i ted upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; Staff Finding This standard has been included as a condition of approval. d) Storage of Heavy Equipment will on ly be allowed subject to (A) and (C) above and the following standards: Staff Finding This standard has been included as a condition of approva l. (1) The minimum lot size is five (5) acres a nd is not a platted subdivision. Staff Finding The Subject parcel is approximately 6.69 acres . (2) The equipment storage area is not p lac ed any closer than 300 ft. from any existing residential dwelling. Staff Finding Staff conducted a site vis it to the subject p ro perty on Wednesday , July 2nd , 2008. Following the site visit and a review of aerial p hotography, it appears that the storage area (tractor-trailer parking) is approximately 350 feet from the neighboring residential property . (3) All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. -15 - BOCC 7/21/2008 DP Staff Finding Adjacent and nearby uses include a contractor's yard, mini-storage, the Garfield County Airport and one residential home. This is arguably a transition area betwe~n the nearby industrial uses to the west and the residential property to the east. The industrial uses (including the mini-storage) to the west are all within property zoned Light Industrial. There is also one residential home on the subject property . As the subject property is zoned ARRD but does not directly abut the Light Industrial zoning to the west, a zone district amendment to allow the proposed use is not a possibility for this property at this time . The Applicant has made the following representations: (3) Most of the surrounding area is also zoned AIR/RD, however there are some parcels nearby zoned as Light Industrial. The current uses on these properties include a Contractor's Yard and a mini storage. The addition of a Contractor's Yard on this Property would be consistent with the surrounding area. There are no plans to insta ll increased lighting or signs on the Property. The Property is not located in a typical "neighborhood" and is neighbored by onlY J().J1e~:rysidential p_rpperty. The impact on this neighbor will be minimal. At this time there are no plaWs,t0''instalt.scrs;:foi_fences or landscape materials. Although Staff agrees that this is not a "typical neighborhood", there is residential development in the area and the site is directly adjacent to County Road 352. In addition, this is the entranceway to the Garfield County Airport and the upcoming Rifle Airpark Annexation from 1-70. As such, Staff recommends, in accordance with Section 5 .03.08(5)(8) and 5.03.08(5)(0)3, that the vehicle storage area be "enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower". (4) Any repair and maintenance activity requiring 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. Staff Finding Staff has included this requirement as a condition of approval. (5) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Finding Staff has included this requirement as a condition of approval. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Staff Finding The proposed use is in compliance with this standard. f) Any lighting of storage area shall be pointed downward and inward to the -16 -e e BOCC 712112008 DP property center and shaded to prevent direct reflection on adjacent property. Staff Finding Staff has included this requirement as a condition of approval. (5) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Finding All Regulations of the Environmental Protection Agency and all other applicable Federal, State and Local regulations shall be complied with at all times. V SUGGESTED FINDINGS 1.) That 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 and that all interested parties were heard at that meeting; 3.) The Application is in conformance with Garfield County Zoning Resolution of 1978, as amended ; 4.) That for the above stated and other reason, the proposed Special Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County; V STAFF RECOMMENDATION Staff recommends approval of the proposed Special Use Permit allowing a "Contractors Yard" with the following conditions of approval : 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 -17 - BOCC 7/21/2008 DP 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 . c . Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards . d. Every use shall be so operated that it does not emit heat, glare , radiation or fumes which substan t ially interfere w ith t he 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 that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage will 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 requiring 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 (10) acres in size . k. Any lighting of storage area shall be po inted downward and inward to the property cente r and shaded to prevent direct reflection on adjacent property . 3 . At no time shall t he total number of vehicle storage associated with this -18 -e e BOGG 7/21/2008 DP -5eve1.{j) Contractor's Yard exceed three (3) tractor trailer semi trucks and two (2) "Bobtail " trucks . All vehicle storage shall occur w ithin -the sere ' 1 ted . iiM.1-identified T5tffi .• f'\ square foot storage area at all times. 0 \ t<fJ'J z t oo0 4 . The total area to be used for vehicle storage shall not exceed 7-500 square feet and shall occur w ithin 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 Depa rt ment. 6. In order to control dust, the Applicant shall periodically treat the driveway and storage area with an approved dust suppressant. 7 . .:Ffte Ap!'lieant sha ll construct an @ight (6) foot tall , completely obscuring privaey- fence in the area identified-witftift-the Special Use Perm it for vehicle storage and shall not exceed a total of T5'00 square feet. ·-z.\ ,oc.() 8 . All vehicles associated with this Special Use Permit must be licensed and in compliance with State and Federal requ irements . ~. As neither a plan for handl ing 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. aintenance and repair facility will require that employees be onsite for extended eriods of time, sanitation facilities shall be installed. Such sanitation facilities (res oms) shall be demonstrated to have a legal and adequate water supply as well s a waste disposal system which is in conformance w ith accepted enginee ri and regulatory standards. Prior to issuance of the Special Use Permit , the Applic t shall identify the location of such a facility as well as demonstrate that adequat egal and physical water is ava ilable to serve the facility. In addition , prior to iss nee of the Special Use Permit, the Applicant shall demonstrate that a waste dis sal system can be installed to serve the facility wh ich is in compliance with a ccepted engineering and regulatory standards . L:>~ L.;a ~/. " ~C?~ f2 15-s ro 2i / \J 7 ¥ P~P\)(¥!$ - _/ -S u P .,/JS l_,/ p;IJ p- . ;:::) / -cf> (".±_s-.::/CY? e· e o '/' ~ U tP ii . Ju -b./M c-f ~fi1;;/lcl. 6 r 'le --pfw?~ :r: -!5//li be_, u~i Ic e/ .,S l.v:, f / e,;,, 7 t yc=:A I ~ at".> )>_// 1--<--L l '> .3 «k tic./l . ( O o O . ov/1 °.I · · '\ L . r ' -I 1 JJ I r / ( I .-f tr v ,_; L-~ /7 O <..,•/l f/c1 <tl.( '1 (' ......._ ,,. . /_ /lr:JGb0ze l ( I ./ . t . . . _V/ D/'-'Cf -.::>·'7{}0(-('1 'V f;.<f/vl f of Cr f?>r(.!f/C -, l -19 - GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: June 26, 2008 · Comments Due: July 14, 2008 !···Be E>,CH'.BIT t :"· G' Name of application: Snode, Bruce Sent to: ·~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary . Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: David Pesnichak: th . 109 8 Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. If a driveway permit cannot be produced for the driveway showing a commercial use then a new driveway permit would be needed. If a driveway permit has been issued for commercial use then the existing driveway would need to meet the new standards. This would include a minimum width of 40-feet, a paved apron the width of the driveway extending 20-feet into the driveway of asphalt or concrete, a minimum of 4-inches in depth and a stop sign at the entrance to Cr. 352. The stop sign and the installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). The stop sign shall be a 30-inch industrial sign. There may be concerns about the washing of trucks and possible contamination of the soils from the trncks and the water run off without a retention bond or some source of recycling of the water. The request does meet with current uses of the surrounding properties. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date July 7, 2008 Revised 3/30/00 e e REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970 945-8212/Fax: (970 384-3470 File Name(s Pro· ect Name( s Snode , Bruce Staff Planner: David Pesnichak ( dpesnichak@ garfield-county.com) Applicant: Bruce Snode Contact Person: Julie Hanson, Beattie & Chadwick, LLP Date Sent: June 26 , 2008 Return Requested: July 14 , 2008 T lication s Special Use Permit Phone: (970) 945-8212 Phone: (970) 618-1075 Phone: (970) 945-8659 Location: 0918 County Road 352 Rifle, CO. I Parcel # 2179-184-00-418. Sec. 18 , T 6S , R 92W. Summa The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Monday July 14, 2008. I GARFIELD COUNTY I I I I <:rhnnl niotnrt E ngineerin g Revi ew Road & Bridge County Attorney Vegetation Manager Co unty Sh eriff's Dept. I COLORADO STATE I I I I U /ot o r 0 ·-·- Geo lo gical S urve v (Fee) Health Department Forest Service (Fee) Wildlife Divis ion !<SERVICE DIS~CT I ' I I I 1J <: \1/oot Public Service Holy Cross Electric G .S ./C arbondale Fire District Silt/New Castle/Rifle Fire District Soil Cons ervation District I Planning Commission I I I I BOCC e David Pesnichak ·-----------------·--------· From: Steve Anthony Sent: Monday , July 14 , 2008 10:47 AM To: David Pesnichak Subject: Snode SUP Hi Dave I have no comments on this one Steve Anthony Garfield County Vegetation Management Director POB 426 Rifle CO 81650 Office: 970-625 -8601 Fax: 970-625-8627 Email : santhony@garfield-county .com 7/14/200 8 Page 1of1 e EXHIBIT I ·ff j 2 . Notice by mail, containing information as described under paragraph ( 1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot, all owners of mineral interest in the subject property, and all tenants of any structure proposed for conversion to condominiums, at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. I have enclosed the appropriate notice and poster with this letter for the Board of County Commissioners public hearing as mentioned above for your convenience . Please note, Staff has provided these documents as a courtesy. The Applicant must verify that all information provided in these documents is correct. It is the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established pursuant to Section 9.03.04 and I or 10.00 of the Zoning Reso lution of 1978, as amended and I or Section 4:21 or 4:31 of the Subdivision Regulations of 1984, as amended. Note: Please submit 10 copies of the completed application and supplemental material to this office no later than June 25th, 2008. If the copies have not been submitted by this date, your public hearing may be jeopardized. Do not hesitate to contact this office in the event you have any questions. Best regards, 2 PUBLIC NOTICE TAKE NOTICE that Bruce Snode has applied to the Board of County Commissioners, Garfield County, State of Colorado, for a Special Use Permit for a Contractor's Yard in the Agricultural/Residential/Rural Density Zone District (ARRD), in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description : LEG.AL DESCRIPTlLINi A PARCEL OF' LAND SITUATED IN THE Sli1/<4SE1/4 IJf" SECTION 16, TtJllNSHlP 6 SWTH, RAN&~ WE:ST OF THE 6TH P.H ., ~ PAATICULAALY DESCRIBED AS fOlllMSJ - BEGINNING AT THE Sli CORNER Of" SAID SECTID~ 18, TliENC£ ALONG THE SOUTH LINE:DF' SAID SECTION 18, NSS•2a•$•t 1,~. 91 Fl:t:T Ill rHE: NORIH!SOUTH C£NTE:RLIN£ OF' SAID stCTION 18 THE TRUE: POINT OF' iEGINN11'1GJ THOO: Alllro TH£ NtlRTHISOUTH CENTERLINE OF' sAID StCTICH 18 NCO• e7' e9"\I 57. ea FEET TO THE SOUTHERLY RIGHT or 'WAY Cr PRCPOSO'I 100. 00 FOOT ROADJ THENcE ALONG ~ SOUTHERLY AND EASTERLY RIGHT Of" \IAY OF SAlll ROAD ALONG THE: MC at A CURVE .TU THE L£fT 286.~ F££T, SAID CURVE: HAVING A RADIUS OF 450. 00 F'EET AND A CHORD \IHICH BtARS N40' 36' l~·t f&4. 00 f'EE"TJ THENCt NCa" 12' 31' E :s 1. 12 rttn Tl-IENCE LEAVING SAID RIGHT Of 'JAY S90• 00' oo· E 905. 01 FEET1 THENCE St>tTOO' oo·v 289. ~-1 F'ECT TD THE scxm; LINE OF SAID SECllON 16i THrNC£ Al1'l"G SAID SOUTH LIN£ l'.lr SAID SECT HIN 18 S~22:' 366 V L 109. 15 FE:E:T TO TI£ TRut: POINT OF BE:GlHNl~. COUNTY OF' GAAF'I£1..D STAT£. CW ·cot..DRADO Practical Description: A 6.69 acre property located approximately 1 miles east of the Garfield County Airport on County Road 352 and described as 0918 County Road 352, Rifle, Colorado. Pursuant to§3.02.03, §5.03, 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978 as amended; this proposal is for a Special Use Permit to allow a "Contractor's Yard" in the Agricultural/Residential/Rural Density Zone District (ARRD). All persons affected by the proposed special use permit 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 Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the special use permit. The application may be reviewed at the office of the Planning 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 this application has been scheduled for the 21st day of July 2008, at 1 :15 p.m., in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. e e Planning Department Garfield County • APPLICANT I OWNER REPRESENTIATIVE LOCATION SITE DATA EXISTING ZONING ADJACENT ZONING I REQUEST Bruce Snode Special Use Permit Referral BOCC 6/2/2008 DP Bruce Snode (Hogback Trucking) Beattie and Chadwick, LLP (Julie Hanson) Approximately 1 miles east of the City of Rifle off County Road 352 (Near Garfield County Airport) 6.69 acre property ARRD (Agricultural I Residential I Rural Density) ARRD (Agricultural I Residential I Rural Density) The 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 Residential I Rural Density (ARRD). The intent is to utilize the parcel for the parking of five (5) trucks used to deliver water t o oil and gas companies and drilling sites. The parking and activity area is to be approximately 125 feet by 60 feet (7500 square feet). No water or wastewater facilities are proposed to be used at this facility. Traffic generated by the proposed use will be up to twenty (20) vehicle trips per day . The Applicant has represented this application i n the following manner: Nature and Character of the Special Use Requested lvir . Snode mns a trucking business called Hog back Truck ing and would 1ike to park approximately five (5) trucks on the Property. This includes three (3) tractor trailer semi trucks and two (2 ) "Bobtail" trucks. Hogback Trucking delivers water to oil & gas companies and drill sites in the area. The tmcks typically would leave in the morning and come back in the evening and would not come and go from the Property throughout the day. There may be emergency situations where a site \\rill need ser\'ice outside of the typical hours. Mr. Snode does not propose any ne w structures on the Property for use in conjunction with the proposed use. -1 - ........ --c:D- D'""-~ s= """"" ZOwt...1 t:EJ • CJ<e 0""1t:1 ...,_-.olf'-•c-• GJii ui -" §'.J.P o~ .D.""e. -·~~ a:;;;I"' --L . .::i "~ ___,._..,_ _ _, r:·I2 ~ _ _,_~ ~:l!JD -U.-~C:..-. ::t:::J ~u."O ....-u..-.. _ _.., a-~ _._..,,...co-.·-~ --~ ....... CJ.:. ._...6-._.,,,._, Cl'""'°"" u, ... J".-0 Snode -Hogback Trucking Contractor's Yard 500 1,000 2,000 Feet BOCC 6/2/2008 DP {) N W+E s II STAFF RECOMENDATION Due to the anticipated limited visual, traffic and infrastructure impacts of this proposal, Staff recommends that the Board of County Commissioners direct Staff to schedule this item before the Board and not refer it to the Planning Commission. -2 -• - 0' 100' FOUND REBAR AND CAP LS 27613 N 22"12'.31" E~ R=450 . 00' BRG=N 40.36' 13' E CLEN=284 . 00' 51.12 ,, ,, ........... ,.">o ·~ ,, e-\/ELL 0 -clSTERN ,, i ;._;e-1 :~Q- . _l ..-~ ONE STORY ..-· ..-l f , \/ODD FRAME ..-·/' i __ -I I I I 1 c: I ~ N ecroo ·oo· E sos.01 • Vl 8 g g; fT1 ~ ~ s 00'27'29" \E ~ ! FOUND 1/4 CORNER ~ 57 .88' 11.i l J SECTION 18/19 1p 4 r1<.;~~ \ t LS 14111 -------~ --.;,-I s 86'22'36" w 1109.15' -1't. 200' e ---- 1 INCH = 100 FEET HOUSE DETA I L l' = 20 ' ONE STORy Woon FRAM£ 2~. ADDRESS: 0198 COUNTY ROAD 352 STE\/ART TITLE GUARANTY CO. TITLE COMMITMENT ORDER NUMBER• 20060622 LEGAL DESCRIPTION • A PARCEL OF LAND SITUATED IN THE S\/l/4SE1/4 or SECTION 18, TOWNSHIP 6 SOUTH, RANGE ~2 \/EST OF THE 6TH P. M., MORE PARTICULARLY DESCRIBED AS FDL LO\/S1 . BEGINNING AT THE SI/ CORNER OF SAID SECTION 18, THENCE ALONG THE SOUTH LINE OF SAID SECTION 18, N00·22•36•E 1,620. 91 FEET TO THE NORTH/SOUTH CENTERLINE OF SAID SECTION 18 THE TRUE POINT OF BEGINNlNGJ THENCE ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 18 N00•27'29•\/ 57. 88 FEET TO THE SOUTHERLY RIGHT OF WAY or PROPOSED 100. 00 FOOT ROADJ THENCE ALONG THE SOUTHERLY AND EASTERLY RIGHT OF \/AY DF 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 wtlICH BEARS N40.36' 13'E 284 . 00 FEETJ THE NCE N22' 12' 31•E 51. 12 FEETJ THENCE LEAVING SAID RIGHT OF WAY s9o·oo•oo·E 905. 01 FEETJ THENCE soo·oO' 00'\/ 289. 41 F'EE:T TO THE SOUTH LINE OF SAID SECTION !SJ THENCE ALO NG SAID SOUTH LI NE or SAID SECTION 18 S89'22' 30·11 1, 109. 15 FEET TO THE TRUE POINT OF BEGINNING . COUNTY OF GARFIELD STATE or COLORADO IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE \/AS PREPARED UNDER MY DIRECT SUPERVISION FOR BRUCE AND ANN SNODE/ STE\/ART TITLE GUARANTY CO. , THAT THIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TD BE RELIED UPON FDR THE ESTABLISHMENT OF FENCE, BUILDINC OR OTHER FUTURE IMPROVEMENT LINES . I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, JULY 28, 2006, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY \/!THIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHO\IN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS ND APPARENT EVIDENCE OR SIGN OF ANY EASEMENT C SING DR~EN NY:;tll[ART or I PARCEL , EXCEPT AS NOTED . "'.s'/J REG.(s> . -c ~~ DA --·c:--NrCHOLS--. . AVI COLORADO REGISTERED M ~· P. L. S . II 345B5 David C Nicbobaz>. L.S. ~ CQ2'~--°'"""' ~ (»711J06~ IMPROVEMOO LOCATION CERTIFICATE 01911 COUNTY ~ ~ CARITEl.D CO\M'f, CC!JlR.\DO DATE: 7/.!1/04 I PRO.I. 0'1. SNODE A.C.01 HOG BACK TRUCKING SOUND STUDY On May 16, 2008 Wagon Wheel Consulting, Inc. conducted a sound level monitoring test to demonstrate the sound levels that can be found outside the perimeter of the proposed site for Bruce Snode owner of Hog Back Trucking, and to verify compliance with the Colorado State Noise Statute. APPLICABLE NOISE REGULATIONS The proposed us of the property for noise and sounds generated at the site are governed by the Colorado State Noise Abatement Code (Tit le 25, Article 12). The allowable sound level limits for uses regulated by the State Statute are listed below in Table 1. The proposed use of the property would fall under the sound levels set for "Residential Zoning." The maximum permissible noise levels for this type of use are set at 55 dBA day time hours (7:00 a.m. -7:00 p.m. I Monday-Friday) and at 50 dBA night time hours (7:00 p.m. -7 :00 a.m. I Monday -Friday) with allowable increases up to 65 and 60 dBA for 15 minutes in any one ( 1) hour period. TABLE 1 COLORADO STATE STATUTE 25-12-103 MAXIMUM PERMISSIBLE NOISE LEVELS-dBA Zone Residential Light Industrial Daytime (1), (2) {7:00am to 7:00pm) 55 70 Nighttime (2) (7:00pm to 7:00am) 50 65 Cl) During the daytime, the noise level can be increased by 10 dBA for 15 minutes in any one-hour period. C2> Noise level limit decreased by 5 dBA for impulsive type sounds . SITE DESCRIPTION The proposed site for the contractors yard in ARRD of Hog Back Trucking is located adjacent to County Road 352 southeast of Rifle, CO (See attached Map for Details). The property currently has two structures on the site, one is the property owner's house and the other is a large garage/shop/office building which its use is unknown. The property lies to the southeast of the Garfield County Airport and east of two Light Industrial businesses and within less than a mile and half south of Interstate 70. SOUND STUDY RESULTS Sound levels were measured and recorded at one location at the proposed property. The sound study equipment was set up approximately 50 ft. off of the south boundary line of the site and within 100 ft. east of the west property line (See attached map for GPS location details). Sound and noise levels were recorded during one setting due to location of property and accessibility for good noise readings. This setting was conducted for a minimum of 12 hours to catch peak hours of operations. During the sound study hours Hog Back Trucking continued normal operations with trucks leaving and returning to the site, along with normal equipment cleaning operations being conducted onsite. During the test dBA readings ranged from the low 30's to the High 60's for short periods of time. The sound equipment was set up to record reading every 5 minutes to showing more peaks and valleys to demonstrate the overall sound levels from the site. Additional noise levels and sounds were recorded during the sound study that were not related to Hog Back Trucking and which contributed to the higher readings that were recorded. A helicopter was flying over head and made several passes over and around the property within a quarter of a mile. As mentioned before the property is located directly adjacent to Garfield County road 352 which is a highly traveled road by all kinds of vehicles including trucks , pickups, cars, etc. as well as it is located directly adjacent to additional light industrial operations and adjacent to a natural gas well pad. Table 2 SET 1 A 1 "'·:~~~/)~ s z.) j___. . o~;::-~~~-1~~~~~- 01: 55: 1 s 18·7 Q-H' . TJl\.·IE···' ·'--. I :J 04:45: 15 H'. SET2 On average the sound levels collected at the proposed site for Hog Back Trucking demonstrates noise levels that can be expected at the site. Sound levels associated with e e the proposed us of the property will be within the state statue limitations for the zoning district for Residential. SOUND MONITOR EQUIPMENT Table 3 shows the sound monitoring equipment and its specifications that was used to gather the sound levels at the site. The sound meter was set to log five (5) minute averages, showing more "Peaks" and "Valleys" to demonstrate the overall sound levels from the site and other sound levels not associated with Hog Back Trucking. TABLE3 MEASUREMENT EQUIPMENT Location Equipment Make/Model Serial# Set 1 Sound Level Meter Extech/407764 l 5ND44 EQUIPMENT SPECIFICATIONS Applicable Standards IEC651 Type 2, ANSI Sl.4 Type 2 Accuracy ± l.5dB (under reference conditions) Frequency Range 31.5Hz -8KHz Measuring Level 30 -130dB Frequency Weighting A and C Microphone 0.5" Electret condenser microphone Display 4-digit LCD Bargraph Sampling Rate Datalogging Sample Rate Time Weighting Level Ranges Auto Range AC Output DC Output Resolution: O.ldB Display Period: 0.5 sec. 1 OOdB scale, 2dB steps 50mS 1 to 86,400 seconds per record FAST: 125 mS, SLOW: 1 sec. 30-80dB, 40-90dB, 50-lOOdB, 60-llOdB, 70-120dB, 80-130dB 30-130dB 0.707 Vrms at Full Scale Output impedance approx. 6000 lOmV/dB Output impedance approx. 1000 April 10, 2008 Julie S. Hanson 932 Cooper Avenue Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Bruce Snode's Application for Special Use Permit for a Contractor's Yard in the Agricultural/Residential/Rural Density Zone District. Dear Ms. Hanson, This office is in receipt of an Application and updates (received April 4, 2008) for a Special Use Permit (SUP) for a Contractor's Yard in the Agricultural/Residential/Rural Density (ARRD) Zone District. The SUP requested was for the property owner Bruce Snode. The subject property is located at 0918 County Road 352 in Rifle. The application this office received has been deemed technically incomplete. The following Application Submittal Requirements were not provided in the application. 1. Per the letter sent to you from Katy Middleton on October 17, 2007 (excerpt below), the requirements outlined in Section 5.03 .0 7 have been adequately responded to. However, the requirements set forth in Section 5.03.08 have not. With exception to 5.03 .08(1), the majority of these requirements are performance based. As such, with exception to 5.03 .08(1) an acknowledgment of these requirements is satisfactory. Please respond specifically to 5.03.08(1) demonstrating that the ''Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made." (Requirement #9 "Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site or information can be obtained from this office") • The proposed use is a Contractor's Yard and is considered an Industrial Operation. Please submit responses to Sections 5.03.07 & 5.03.08. 108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 •Fax: (970) 384-3470 This office will not schedule the request to be considered before the Board of County Commissioners until the aforementioned deficiencies have been addressed. Should you have additional questions, do not hesitate to contact this office. Sincerely, . ___,/ ~· ~~ Senior Planner 970 .945.8212 enclosures: Sections 5.03.07 & 5.03.08 e e 5.03.07 5.03.08 Industrial Operations: Indust:J.ial Operations, including extraction, processing, fab1ication, industTial supp011 facilities , mineral waste disposal. storage, sauitary landfill. salvage yard, access routes and utility lines, shall be pennirted , provided: (1) The appli cant for a pern:tit for industrial operations shall prepare and submjt to the Plalliling Director ten ( 10) copies of an imp<1ct statement on the proposed use describing its location, scope, design and consnudion schedule, including an explanation of its operntional characteristics . One ( 1) copy of the impact statement shall be filed ·with the County Conmrissioners by the Planning Director. Tue imp<1ct statement shall adch·ess the following: (A) Existing la\vful use of water through depletion or pollution of s1uface rnn-off, stream flow or ground water; (B) Impacts on adjacent land from the generation of vapor, dmt, smoke, noise, glare or vibration, or other emanations ; (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disrnp1ions ; (D) Affirn1atively sbow the impacts of truck and automobile traffic to and from sucb uses and their impacts to areas in the County; (E) That sufficient distances sball separate such use from abutting property wbicb might otherwise be damaged by operations of the proposed use.(s); (F) Mitigation measures proposed for all of the foregoing impacts identified and for tbe standards identified in Section 5.03.08 of this Resolution (2) Pennits may be granted for those uses with pro\'isions that provide adequate n:titigation for tlie following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a pemlit for conditional or special use will be issued; (B) The County Counuissioners may require security before a pennit for special or conditional use is issued, if required. The applicant shall fmnisb evidence of a bank commitment of credit, bond, cer1ified check or other security deemed acceptable by the County Connuissioners in the amount calculated by tbe County Commissioners to secure the execution of the site rebabi!ita ti on plan in workmanlike malliler and in <1ccordance with the specifications and construction schedule established or approved by the County Commissioners. Such connnitments, bonds or check sball be p<1yable to and held by the Cmmty Commissioners; (C) Impacts set fo11h in the impact statement and compliance witb the standards contained in Section 5 .03 .08 of this Resolution. (A. 93-061) Indushial Performance Standards: All indushial operations in the County shall comply witl1 applicable County, State, and Federal regulations regulating water, air and noise pollution and sball not be conducted in a mallller constiniting a public nuisance or hazard. Operations shall be conducted in sucb a manner as to mininlize beat. dust. smoke. vibrati01L glare and odor and all ofuerundesirable environmental effects beyond the boundaries ofthe~property in which such uses are located. in accord with fue following standards ; ( 1) Vohm1e of solllld generated shall comply witb tbe standards set forth in the Colom do Revised Statutes at the time any new application is made. (A. 93-061) (2) Vibration generated: every use shall be so operated that the gronnd vibration inherently and recmrently generated is not perceptible , without instnunents. at any point of any boundaI}' line of the prope1ty on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federa l, State and County air quality laws. regulations and standards: (4) Emission of heat , glare , radiation and fames: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of aqjoiniug property or '''llicll constitutes a public nuisance or haz.1rd. Flaring of gases, aircraft warning signals, reflective painting of storage tanks , or other such operations >vbich may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sa1Jitary landfill andnlineral >vaste disposal areas :(A97- l 12) (A) Storage of fla1mnable or explosive solids or gases shall be in accordance with accepted standards and Jaws and shall comply with the national, state and local fire codes and written recommendiltions/comments from the appropriate local protection disu-ict regarding compliance with the appropriate. codes; (A97-l 12) (B) At the discretion of the County Commissioners , all outdoor storage facilitie s may be required to be enclosed by fence , landscaping or wall adequate to conceal such facilities from adjacent prope1ty: (A.97-112) (C) No mate1ials or wastes shall be deposited upon .a property in such fo1m or manner that they may be transfeITed off the property by any reasonably foreseeable natural causes or forces ; (A.97-112) (Q) Storage of Heavy Equipment v.ill only be allowed subject to (A) and (C) above and the iollowmg standardS : (A.97-112) 1. The minimlllil lot size is five (5) acres and is not a platted subdivision. 2. _Tue equipment storng~ area is not placed any closer than 300 ft. from any ex1stmg residential dweUmg_ 3. All equipment storage wlll be enclosed in an are,1 with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include bemling, landscaping, sight obscuring fencing or a combinat10n of any of these methods. 4. Any rep~ir and maintenance activity requiring the use of equipment that will generate nmse, odors or glare beyond the property boundanes will be conducted \vithiI1 a building or outdoors duiing the homs of 8 a.m. to 6 p.m., Mon.-F1i 5. Loading and unloading of vehicles ~hall be conducted on pri\'ate property and may not be conductea on any public right-of-way. (E) Any st~rage area for uses not associated with natural resources shall not exceed ten (10) acres Ill size . (A.97-112) (F) A.ny lighting of storage area s~all be _poip.ted do-w11ward and imvard to the properfy center and shaded to prevent direct reflection on adyicent properfy (A97-l 12) ( 6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply •vith the Regulations of the Envirolllilental Protection Agency before operation of the facilities may begin. All percolation tests or ground water reso~irce tests as 1:D3Y be require_d by local or State Health Officers must be met before operat10n of the facil1hes may begm. e e BEA TflE, CHADWICK & HOUPT, LLP STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON JAMIE ROTH ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 April 2 , 2008 TELEPHONE: 970-945-8659 FAX: 970-945-8671 JHANSON@BEA TTIECHADWICK.COM Garfield County Building & Planning Department Attn: Katy Middleton 108 3th Street, Suite 401 Glenwood Springs, CO 81601 Re: Application for Special Use Permit -0918 County Road 352, Rifle -Bruce Snode (the "Applicant") Parcel Number: 217918400418 (the "Prop erty") Dear Katy: Thank you for your letter dated October 17, 2007 stating that the above referenced application was deemed technically incomplete . This l etter serv es as follow up to the application and hopefully addresses the issues presented in your l etter. Th e numbers below reference the numbers in your letter. 1. Hours of Operation. As stated in our letter dated October 1, 2007, the trucks typically will leave in the morning and come back in the evening and would not come and go from the Property throughout the day , seven days a week. The morning trips occur at 7:00 a.m. and the evening return trips occur at 6:00 p.m. Occasionally, an emergency situation may occur at a well site causing trips to occur outside of those typical tim e periods. Number and Type of Vehicles. As stated in the letter dated October 1, 2007, there are five (5) vehicles, including three (3) tractor trailer semi trucks and two (2) "Bobtail" trucks. It is anticipated that there will be two trips per day per vehicle sev en days a week equaling seventy (70) trips a week. Size and Location of Existing and Proposed Structures . A 3 ,200 square foot shop structure will be used in conjunction with the proposed use for vehicle repair and maintenance . Electric Power Service I Utility Improv em ents . There are no proposed utility improvements. The necessary electric power service and utility improvements are in existence on the Property. Location of Truck Storage . The trucks will gen erally be located and parked in the fl at surface area indicated on the Improvement Location Certificat e ("ILC ") attached hereto. 2. As stated above in Number 1, the Applicant does not propose a specific, exclusive location on the Property to park the trucks. However, please refer to the ILC for an approximate depiction of the area where the trucks will be parked. No separate driveway or access will be established. The existing driveway is sufficient for this purpose . 3. Map of Property. Attached is a map showing the location of the Property. 4. Mineral Right Owners. Please see attached Oil and Gas Lease dated December 7, 1989. Richard Thompson Dever P.O. Box 636 Glenwood Springs, CO 81602 Dorothy Dever 99 South Downing Street, #504 Denver, CO 80209 5 . Traffic study. Please see attached traffic analysis dated March 24, 2008 and prepared by Schmueser Gordon Meyer, Inc. indicating that this use will not significantly impact the operations and capcity of CR 352 . 6 . Responses to Sections 5.03 .07 and 5.03.08. A. Existing Lawful Use of Water Through Depletion or Pollution. Applicant does not anticipate any impact on surface run-off, stream flow or ground water through depletion or pollution due to this special use. B. Impacts on Adjacent Land. Most of the surrounding area is also zoned AIR/RD, however there are some parcels nearby zoned as Light Industrial. The neighboring uses include a mini storage and a Contractor's Yard. The addition of a Contractor's Yard on this Property will not significantly impact adjacent land with vapor, dust, smoke, noise, glare or vibration, or other emanations. If any such impact occurs , Applicant shall institute appropriate mitigation measures. C. Impacts on Wildlife. Due to the AIR/RD and Light Industrial nature of the surrounding area, wildlife and domestic animals are not prevalent. The use on this Property is not anticipated to impact wildlife and domestic animals. D. Impacts of Truck and Automobile Traffic. Please see traffic analysis referred to above in Section 5 . E. Distances from Abutting Property. Applicant believes that sufficient distances shall separate the use from abutting property and that little or no damage to the abutting property will exist. If damage does in fact occur, Applicant shall institute appropriate mitigation measures. F. Mitigation Measures. Applicant agrees to comply with Section 5.03.08 with regard to Industrial Performance Standards. Applicant does not currently anticipate the need for 2 e e mitigation measures, however, if the special use is granted and the nee d arises, Applicant agrees to take appropriate mitigation measures . 7. Also attached is a signed Agreement for Payment Fonn. Very truly yours, ' j 'L-j c I l ()/V\,() (//\.. J lvv .(.. . ....::::>, K Julie S . Hanson Enclosures Cc: Bruce Snode 3 TO : FRO M: DATE : RE : 6 SCHMUESERIGORDON I MEYER --------------------- ENGINEERS I S U RVE Y OR S MEMORANDUM Julie Hanson, Beattie, Chadwick, and Houpt, LLP Dan Cokley, SGM Lee Barger, SGM @ 3/24/08 Snode Site Traffic Analysis 0918 County Road 352, Rifle, Colorado The Snode property sits east of the Garfield County Airpo1i and is located across County Road 352 from the Airport in an area currently serving mostly industrial uses. Existing uses in the area include contractor's yards , mini-storage, and one residential home to the north of the site . Existing gas drilling operations are occurring across the street and just north of the site (directly across from adjacent residential property). County Road 352 is posted as a 35 mph roadway with two travel lanes (one in each direction) and connects Airport Road in Rifle to East Mamm Creek Road, just east of the airport. In the vicinity of the site, CR 352 is posted as a 25 mph z one for the 90 degree curve in the roadway, directly adjacent to the Snode site. Existing sight distance from the Snode property access allows for unrestricted sight lines in both directions along CR 352 . The proposed use (truck storage) for the site will add approximately twenty (20) vehicle trips per day to CR 352. This was calculated by assuming that the site will store up to five (5) trucks per night. For each vehicle stored, approximately four (4) trips per day will be generated; two trips will be made by the stored vehicle leaving the site in the morning and returning at the end of the day, while two more trips will be made by the truck driver (in their personal vehicle), entering the site in the morning and leaving the site after the driver's shift ends . CR 352 is classified as a Major Collector by County Standards which allows for 2,500 + vehicles per day . The ADT on CR 352 in 2002 was 1,139 vehicles per day, as found on the Garfield County website . If we assume a conservatively high growth rate per year of 8%, the ADT on CR 352 would be approximately 1,807 vehicles per day in 2008 . Adding 20 daily trips to the existing volumes will not significantly impact the operations and capacity of CR 3 52 . It is assumed that the majority of the site trips will be made to the north on CR 352, which provides access to East Mamm Creek Road and the I -70 interchange (Exit 94). The majority of the existing traffic on CR 352 uses the other (west) end for access to Rifle. I I 8 W . 6 ~. S UITE 200 GLENWOOD SPR IN GS, C O 8 I 602 97 0 -9 45 · I 004 FAX: 970-9 4 5 ·5948 e e BEATTIE, CHADWICK & HOUPT, LLP A lTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 STEVEN M. BEAlTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON JAMIE ROTH TELEPHONE: 970-945-8659 FAX: 970-945-8671 JHANSON@BEA TTIECHADWICK.COM Octob er 1 7, 2007 Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Application for Special Use Permit -0918 County Road 352, Rifle Parcel Number: 217918400418 (the "Property") Dear Plaiming Depaiiment: I, J. Bruce Snode, authorize Julie S. Hanson, of Beattie, Chadwick & Houpt, LLP, to act on my behalf with regard to a request for a special use pennit in Garfield County, Colorado. q~::_~ J. Bruce Snode ocr 1 8 2001 . '_. October 1 7, 2007 Julie S. Hanson 932 Cooper Avenue Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Bruce Snode s Application for Special Use Permit for a Contractors Yard in the Agricultural/ Residential/ Rural Densiry Zone Distnd. Dear Ms. Hanson, Tbis office is in receipt of an Application for a Special Use Permit (SUP) for a Contractor's Yard in the Agricultural/Residential/Rural Density (ARRD) Zone District. The SUP requested was for the property owner Bruce Snode. The subject property is located at 0918 County Road 352 in Rifle. The application this office received has been deemed technically incomplete. The ~wing Application Submittal Requirements were not provided in the application. /1) Requirement #1 states "Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/ or proposed structures that will be used in conjunction with the proposed use, and provisions for dectric power service and any other proposed utility improvements. Be specific." • Please provide the above information. Indicate where the trucks will be stored ;;. on the property. Also, please be more specific with identify the times and days the Contractor's Yard will be operating. Requirement #3 states "Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit." • Please indicate on the figure where the trucks will be stored. Please indicate if a separate driveway/ access will be established for the proposed use . 108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 •Fax: (970) 384-3470 e e 3) Requirement #4 states "Submit a vicinity map showing slope I topography of your pro7.p, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. • A topographic map was included in the application. The subject property was not indicated on the map included in the application. Please submit a map showing the location of the subject property. 4) Requirement #5 states "Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. We will also need the names (if applicable) of all mineral interest owners of the subject property. (That information may be found in your title policy under Exceptions to Title)." J • Provide name and address of the mineral interest owner for the subject property. If the property owner is the mineral owner, please provide documentation. 5) R~:tement #8 states "Submit a statement that specifically responds to each of the follojng criteria from Section 5.03 of the Zoning Regulations: (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character;" • The proposed use includes heavy equipment leaving and entering the subject property onto a county road. A traffic analysis is required for this proposed use. Q j • Please provide the above information. Please be specific and provide all <{ requested information for Requirement #8. ; d 6) Requirement #9 "Depending on the type of Special Use Permit requested, you may ~ \) need to respond to additional review standards in the Garfield County Zoning Q;I r; Resolution Section 5.00 [Supplementary Regulations]. This may include uses such ~ r\ industrial uses [section 5.03.07 & 5.03.08), Accessory Dwelling Units [section \J 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning ~ f '-Resolution which can be located on the Garfield County web site or information can \ '-:> be obtained from this office" ~ • The proposed use 1s a Contractor's Yard and 1s considered an Industrial Operation. Please submit responses to Sections 5.03 .07 & 5 .03.08. / In addition, please submit an AGREEMENT FOR PAYMENT FORM. This office will not schedule the request to be considered before the Board of County Commissioners until the aforementioned deficiencies have been addressed. Should you have additional questions, do not hesitate to contact this office. Sincerely, ~~ Senior Planner 970.945.8212 enclosures: Agreement for Payment Form & Sections 5.03.07 & 5.03.08 e e BEATfIE, CHADWICK & HOUPT, LLP ATTORNEYS AND COUNSELORS AT LAW STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON JAMIE ROTH 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 October 1, 2007 Garfield County Building & Planning Department 108 3th Street, Suite 401 Glenwood Springs, CO 81601 TELEPHONE: 970-945-8659 FAX: 970-945-8671 JHANSON@BEA TTIECHADWJCK.COM Re: Application for Special Use Permit -0918 County Road 352, Rifle Parcel Number: 217918400418 (the "Property") Dear Planning Department: This finn represents Bruce Snode with regard to a request for a special use permit for a Contractor's Yard. The Property referenced above is zoned A/R/RD. As you know, the Board of County Commissioners, on August 20, 2007, approved a text amendment to the Zoning Resolution of 1978 to allow for a Contractor's Yard as a special use within the A/RJRD zone district. Nature and Character of the Special Use Requested Mr. Snode runs a trucking business called Hogback Trucking and would like to park approximately five (5) trucks on the Property. This includes three (3) tractor trailer semi trucks and two (2) "Bobtail" trucks. Hogback Trucking delivers water to oil & gas companies and drill sites in the area. The trucks typically would leave in the morning and come back in the evening and would not come and go from the Property throughout the day. There may be emergency situations where a site wi ll need service outside of the typical hours. Mr. Snode does not propose any new structures on the Property for use in conjunction with the proposed use. Statement Regarding Criteria from Section 5.03 of the Zoning Regulations (1) Current utilities are adequate for the proposed use. There will be no increase in water usage, no increase in sanitation service, and no need for further uti lity improvements . (2) The nature of the proposed use does not create a significant amount of increased traffic volume in the area . It does not appear that there is a need for and street improvements to the Property. (3) Most of the surrounding area is also zoned AJRIRD, however there are some parcels nearby zoned as Light Industrial. The current uses on these prope1iies include a Contractor's Yard and a mini storage. The addition of a Contractor's Yard on this Property would be consistent with the surrounding area. There are no plans to install increased lighting or signs on the Property. The Property is not located in a typical "neighborhood" and is neighbored by only one residential property. The impact on this neighbor will be minimal. At this time there are no plans to install screen fences or landscape materials . OCT 0 1 200 7 Enclosed with this letter are the following: • Application • Site Map • Vic inity Map • Garfie ld County Assessor's Map depicting the Property and surrounding neighbors • List of Adjacent Property Owners and Mineral Rights Owners • Copy of the Deed with a legal description of the Property • Payment for $400.00 Base Fee Very truly yours, ~J{f)_{_~ S' -t-~(}./)W {/-/? Julie S. Hanson Enclosures Cc: Bruce and Ann Dee Snode 2 e e GARFIELD COUNTY Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384 .34 70 www .garfield-cou nty .com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) > Street Address I General Location of Property: 0918 County Road 352 Rifle Colorado 81650 > Legal Description: See attached Exhibit A . . . . 7 acres-existing use includes a resider ce > Ex1st1ng Use & Size of Property 1n acres: and shop for maintenance of Hogback Tn eking vehicles. > Description of Special Use Requested: Contractor's Yard under Section 30.2.03 of Zoning Resolution of 1978, as amended. > Zone District: A/R/RD --------- Bruce Snode > Name of Property Owner (Applicant): ---------------------! > Address: 0918 County Road 352 Telephone: _6_1_8_-_1_0_7 5 ____ _ > City: _R_i_f_le ________ State: co Zip Code: 81650 FAX: 625-1375 > Name of Owner's Reoresentative. if anv (Attornev . Planner etc): Julie S. Hanson, Beattie & Chadwick, LLP > Address: 932 Cooper Avenue Telephone: 945-8659 > City: Glenwood Springs State: _c_o __ Zip Code: 81601 FAX: 945-86 71 STAFF USE ONLY > Doc. No.: ______ Date Submitted: _____ TC Date: ______ _ > Planner: Hearing Date: ------------! u LI I} 1 2007 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum , specifically respond to all the following items below and attach any additional information to be subm itted with this application : 1. Please submit, in narrative form, the nature and character of the Special Use requested . Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including , but not limited to, the hours of operation , the number and type of veh icles accessing the site on a daily weekly and/or monthly basis , and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific . 2 . If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information , including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and ad e quate water for the proposed use . 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4 . Submit a vicinity map showing slope I topography of your property , for which a U.S.G .S . 1 :24,000 scale quadrangle map will suffice. 5 . Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition , submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site . This information can be obtained from the Assessor's Office . We will also need the names (if applicable) of all mineral right owners of the subject property . (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property . 7. If you are acting as an agent for the property ov·1ner , you must attach an acknovvledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations : (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use ; (3) Design of the proposed use is organized to minim ize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery e e of the lot and by location of intensively utiliz ed areas , access points , ligh t ing and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03 .07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc . Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building and planning/ind ex .htm , or information can be obtained from this office 10. A $400 .00 Base Fee : Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical comple teness . 2 . Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete . In addition , Staff will also send you a "Public Notice Form(s)" indicating the t ime and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that addi t ional information is needed to deem your application complete .) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing , and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shal l be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4 . The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided . 5 . Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Specia l Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct d accurate to the best of my knowledge . Last Revised: 02/2006 • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELDCOUNTY(hereinafterCOUNTY)and tcu..(<.. c.1. ... J. A,..,..J :D<c Sr-1od..e., (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for o. Spee.~ o.... \ '-l.Se.. r~an \...\-(hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Signature · ==- Date: I -J ~ -b b Print Name 10/2004 Page 4 ---:_:::::--~1t=~=' ., ~ L f;.. c~ilj~ . . ·.: ,. .. __ ·:, ..... ,~ ... ¥-rfi ·=1·' ,,,i,deJ_ ~ -·-7?,:~f,, ?l'W~JCJ /,,, 7'\I -l ~ ~~~~---~=-"" ~; ., .. _,, ~'.~~·---,~·r~~~~::-..---:_ ·--=:,::..ozJ.~!;~;~~-~~~'.'"'"d • ~;:;: -":~~,,- - ~~' ·---., Der o .. 1 <oo; '":.~ '• ..... ..,/ 0' ~ 100' -~ ~-------r -e rOUNl -E:BAR . AND 1 ~ , LS 27613 ----N 90"00 '00" E 905.01 e N 22°12':31" E 't!':/ 51 .12- R=450. 00' BRG=N 40.36' 13• E CLEN=294, 00' f -· -.... ....... ......... ~, 7o,_.. ... ....... ....... e-\r/ELL 0 --CISTERN --GARAGE c4' x 36' • -• -• -• -• 1 7 ONE: STORY :~GI-' _.,,,. . -1 WOOD FRAME -· .-· I I S 00'27'29" E I I ... ~ ---- c.n ~ g g • ,.., m ~ - 57"'"'' FOUND 1/4 _CORNER \~ 01.00 i ' SECTION 18/19 1 t . LS 14111 ----, • S 88'22'36 .. W 1109.15 200' • 1 INCH = 100 FEET ADDRESS : 0198 COUN1Y ROAD 352 STEWART TITLE GUARANTY CC. IMPROVEMENT LOCATION CERTIFICATE HOUSE DETAIL l' = 20 I 2-f. TITLE COMMITMENT ORDER NUMBER• 20060622 LEGAL DESCRIPTIONt A PARCEL OF LAND SITUATED IN THE SW1/4Stl/4 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE ~z WEST OF THE 6TH P. M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS• . BEGINNING AT THE SW CORNER OF SAID SECTION 18, THENCE ALONG THE SOUTH LINE OF SAID SECTION 18, Nse·22 1 36'E 1,620. 91 FEET TO THE NORTH/SOUTH CENTERLINE Of' SAID SECTION 19 THE TRUE POINT OF BEGlNNlNGJ THENCE ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 18 NOo•a7'29'W 57. 89 FEET TO THE SOUTHERLY RIGHT OF WAY OF PROPOSED 100. 00 FOOT ROADJ THENCE ALONG THE SOUTHERLY AND EASTERLY RIGHT OF WAY OF SAID ROAD ALONG THE ARC OF A CURVE TO THE LEFT 286. 95 F"EET, SAID CURVE HAVING A RADIUS OF' 450 . 00 FEET AND A CHORD WHICH BEARS N40.36'13'E 284 . 00 tEtTJ THENCE N22.12'31'E 51. 12 FEETJ THENCE LEAVING SAID RIGHT OF WAY S90•oo'OO'E 905.01 FEET; THENCE soo·oo'OO'W 289. 41 FEET TO THE SOUTH LINE Of SAID SECTION 18J THENCE ALONG SAID SOUTH LINE: OF SAID SECT ION 18 see· 22' 36' \.I 1, 109. 15 FEET TO THE TRUE POINT OF BEGINNING . COUNTY OF GARFIELD STATE OF COLORADO I HE:REBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED UNDER MY DIRECT SUPERVISION fOR BRUCE AND ANN SNODE/ STEWART TITLE GUARANTY CO, , THAT THIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TC BE RELIED UPON FOR THE ESTABLISHMt:NT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, JULY c8 , 2006, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE ND ENCROACHMENTS UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF" ANY EASEMENT~ING OR BURDEN~NY PART OF ~!~PARCEL, EXCEPT AS NOTED. ~~R6J::~ DA\ti.P1c~-Nii:HoCs-·- coLoRADo REGISTERED P. L. S. # 34585 tJOn Colorl1llo Rl#r Ro«/ ,... ~ ColotYJM ~#6.-M.12 ~~ ~ ,~ IMPROVEMENT LOCATION CERTIFICATE 0198 COUHTY flOAO m GARf1El..D COVNTY, C01.01tAOO SNODE ILC.O~ @®® ®®® 0 , , , ' , ~ l l l l l ~®®®®® ~ . . . . , 9 l l l l l ®®®®© i i i i i ®®®@® ~ z = l l ®® @ • ~ ; ; l i ~ ®©®® ~ i i i i ®®®® i ii i ®®®@ ADJACENT PROPERTY OWNERS Parcel No. 217918400419 Parce l No. 217919100511 Parcels No. 217713400205 2 17724200398 Parcel No. 217919200718 Patricia L. Lee 1000 County Road 352 Rifle, CO 8 1650 Scott W. & Linda S . Brynildson 1831 Railroad Ave . Rifle, CO 8 1650-3203 Board of County Commissioners Garfield County 108 81h Street, Suite 213 Glenwood Springs, CO 81601-3363 U.S . Real Estate Development & Investments LLC 19 Robin Road Norfolk, MA 02056 5000 6000 7000 FEET I KILOMETER ==============i T OF 1929 ACY STANDARDS )225, OR RESTON, VIRG INIA 22092 IS AVAILABLE ON REQUEST ROAD CLASSIFICATION COLORADO QUADRANGLE LOCATION Primary highway, hard sur face .. Secondary highway, hard surface Q Interstat e Route Revisions shown in purp le compiled from aerial photographs tal1en 1979 and other sou rce data. This informati on not field che cl1ed. Map edited 1982 Light-duty road .. hard or improved surface Unimproved roa _d ========= 0 U.S . Route Q State Route RIFLE, CO LO . 39107-E7-TF-024 1952 01-J()Tf""\OC\JICCr"\ 11"'\fl"\ WARRANTY DEED RECORD $11.00 THIS DEED, made this 18th day of August, 2006, between Michael Sugar of the said County of Garfield and State of Colorado, Grantor, and J. Bruce Snode and Ann Dee Snode whose legal address is: 2730 Grand Avenue, Glenwood Springs CO 81601 of the said County of Garfield and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of DOC FEE $4 0. 00 ( $10.00 ) Ten dollars and Z1ero cents, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, conve and confinn, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the re: property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorad described as follows: A parcel of land situated in the SW1/4SE1/4 of Section 18, Township G South, Range 92 West of the 6th P.M., mor particularly described as follows: BEGINNING at the SW comer of said Section 18, thence along the South line of said Section 18, North 88°22'36" Ea~ 1,620.91 feet lo 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 ofwa 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 curv having a radius of 450.00 feet and a chord which bears North 40°36'13" East 284 .00 feet; thence North 22°12'3 l" East 5 l .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 sa id South line of said Section 18 South 88°22 '36" West 1, 109 .15 feet lo the TRUE POINT OJ BEGINNING COUNTY OF GAJffIELD STATE OF COLORADO also known by street and numb er as: 918 County Road 352, Rillc, CO 31650 TOGETHER with all and singular the hereditaments and appmtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises with the hereditamenls and appurtenances. TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of thes~ presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate ol inheritance, in Jaw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and conve) the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains , .. sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except ~ "general taxes for the year 2006 and subsequent years; and those specific exceptions described by reference to recorded documentJ : as reflected in the Title Documents accepted by Grantee(J) Jn accordance with Section Ba(I'itle Review) of the Contract to Buy and ) Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically ) described rights of third parties not shown by the public records of which Grantee has actual lcnowledge and which were accepted by I Grantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract J to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within a11y special tax district; 1 and, the benefit and burdens of any declaration and party wall agreements, if any." } ~ nd will W AlUlANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceab le p sessi n of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or a y part 1ereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be plicab to all genders. ecuted this deed on the date set forth above. RETURN TO: J. BRUCE SNODE 918 CNTY RD 352 RIFLE, CO 81652 I IHlll lllll llllBll llll lllll llllll llllll Ill lllll llll illl 704814 08/22/2006 11:15A 81833 P967 M ALSOORF 2 of 2 R 11.00 D 40.00 GARFIELD COUNTY CO STATE OF Colorado . ) ) SS. COUNTY 01" Garfield ) The foregoing instrument was acknowledged before me thi~ay of August, 2006, by Michael Sugar My conunission expires: Marcl1 14, 2010. e - TAKE NOTICE That f3,.uee .5nt#c/e has applied to the , 12.pq,J of' C""d& Co.~.,...,,~,~/..S" Garfield, County pursuant to ~-hM.s= 3.'7z.oa s:.~3, .s'.03.0~ Q~•¢"' to allow: 4 ,, co/l(,111c~t":.s fo,J'· t..1·~t, rw. d~? ~1' on this application (date) at /. 1.s-B/f-f (time) Date Notice Was Posted: --------------- 8 y =~~~~~~~~~~~~~~~~~~~~~- For additional information, contact the at~;ro)2Y.r· 4=?/Z' or _______ , 108 8th St. Suite ~O' L , Glenwood Springs, CO 81601