HomeMy WebLinkAbout2.0 DD Staff Report 06.24.2016Directors Determination - Staff Report Exhibits
Vehicle Repair (Car Repair Facility)
Administrative Review
Applicant is Eastbank, LLC
June 24,2016
(File GAPA-OS-1 6-84s4)
Exhibir ,
;Number::,..
Exhibit Desciiptioii :,,
1 Public Hearinq Notice lnformation Form
2 Mail Receipts
3 Letter from Chris Hale, PE of Mountain Cross Engineering, Dated
June 10,2016
4 Referral Comments from the Glenwood Springs Fire Depaftment,
DatedJune 14.2016
5 Referral Comments from the Colorado Department of Public Health
and Environment. Dated Mav 31. 2016
6 Memo from former Garfield County Code Enforcement Officer, Gale
Carmonev, Dated June 25,2013
7 Memo from former Garfield County Code Enforcement Otficer, Gale
Carmonev. Dated November 20.2013IReferral Comments from the Colorado Division of Water Resources,
Dated June 15, 2016IEastbank, LLC Minor Subdivision Plat, Reception Number 867716
10 Referral Comments from the Garfield County Public Health
Department, dated June 14,2016
11 Emailfrom Dan Dennison of High County Engineering, dated June 16,
2016
12 Letter from Louis Meyer, PE of the Roaring Fork Water and Sanitation
District, dated June 23.2016
TYPE OF REVIEW
APPLTCANT (OWNER)
REPRESENTATIVE
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
Eastbank Vehicle RePair FacilitY
GAPA-05-16-8453
June 24,2016
DP
PROJECT INFORMATION AND STAFF COMMENTS
Administrative Review Land Use
Change Permit for a Vehicle RePair
Facility
Eastbank, LLC
Chad J. Lee, Esq. of Balcomb & Green,
P.C.
The property is located approximately 1.5
miles south of the City of Glenwood
Springs with access off County Road
154. The address is 3927 County Road
154, Glenwood Springs, CO 81623.
Lot 2 of the Eastbank LLC Minor
Subdivision and Parce! Number 2185-
354-1 5-002.
Approximately 1 6.983 acres
Rural
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting a permit for a Vehicle Repair Facility on a 16.983 acre parcel
located'within the Rural zone district. A Vehicle Repair Facility in the Rural zone district
is a permitted use in the Rural zone district with an Administrative Review Land Use
Change Permit. The Garfield County Comprehensive Plan identifies the property as
Urban Growth Area for the City of Glenwood Springs.
The Applicant is proposing to utilize an existing approximately 4,000 square foot building
to house a car and truck repair facility on approximately 2+ acres of a Iarger 16.983 acre
parcel. The property is Iocated along County Road 154 just south gf the intersection at
btate Highway 82 and directly adjacent to the property occupied by FedEx. The parcel is
currently developed with an lnter-Mountain Waste and Recycling facility and a e9r!9
Construction facility as documented in a letter from Gale Carmoney, former Garfield
County Code Enforcement Officer, dated November 20,2013 (See Exhibit 7). ln addition,
the property currently is being used as a truck repair and maintenance facility with outside
storage of up to 30 vehicles which is recognized by the County as a legal non-conforming
use. ihe applicant would like to use the front half of the lot including the existing -4,000
square foot structure (closest to CR 154) as a car and truck repair facility while also
permitting a Veterinary Clinic directly behind the Vehicle Repair Facility that will also
require a Land Use Change Permit through an Administrative Review. The Veterinary
Clinic application is being processed concurrently with this application for the proposed
Vehicle Repair Facility.
The Vehicle Repair Facility is proposed to occupy the area directly in front of the proposed
Veterinary Clinic and will occupy an existing structure. Enlargement of the existing
structure for the Repair Facility is proposed. The facility will share the same main entry to
the site as the proposed Veterinary Clinic and the adjacent FedEx facility. The facility is
to be served by an existing well while wastewater is to be served by a temporary septic
tank (vault and haul). ln the near future, the facility is to connect to the Roaring Fork Water
and Sanitation District (RFWSD) for wastewater seruice.
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,:;{.Jb"
4.{a:
Approx. location of
proposed equine hospital
2
The Applicant has provided the following description of the proposed Vehicle Repair
Facility:
The site is crrrrently a legal nonconforrring use being used for a tnrck repair and
maintenance facility, together with outside storage of up to 30 vehides. Vehide repair
operations have occurred on the property since the late 19fl)s. The property is the siE of a
redaimed gfavel pit. The Property is now located in the County's Rural zone designation,
whidr requires Administrative Review for vetricle repair fucilities (Commercial Usee, Page
Y%). This application seekE a land use change perurit to formally authorize a vehide
rcpafu slrop on the prenrises.
The site is situated off CountyRoad 134 adlrcentto alightindustrial area with direct
acoesstothedgnatizedinErsectionatHighwayS2. ThelocationoffersBoodaooesobthe
Roaring Fork Valley region and is compatible with adlrcmt land uses. Ttre building deeign
and function is compatible with adiacent ocisting stmctueg. The proposed user is a car and
truckrepairf""ilitywhichintmdsto servie care andtrucks in alt of Garfteld C-ounty,
indudingtheRoaringForkValley. ThevehiderepairftAttywillocurpythestructule
orrrendy on the site operated by Interrrountain Waste.
Therepair shop will operate from &5 Mondaythrough Friday, and omsionallyon
$atruday. Theoperatoroqectstoseeamaximumof20cugtomervisitoinanaverageweek
(10 visits during particulady busy business d"y). Ttrere will likely be 5 eurployeee on the
siteaswellwhidrb,ringstheADTonabusyweekdayto42trips. Ther.esulfingtraffic
impact from this application together with the proposed eguine faciHty would result in 1/3
of the curent trafEc frocr the InterMountain Waste operation.
DESCRIPTION OF THE SITE
The parcel is currently developed with an lnter-Mountain Waste and Recycling facility
and a Gould Construction facility as documented in a letter from Gale Carmoney, fonner
Garfield County Code Enforcement Officer, dated November 20,2013 (See Exhibit 7).
The property sits generally between the RFTA Rio Grande trail, County Road 154 and
the Roaring Fork River.
City of
Glenwood
Springs t r, l, ,t'L
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Site Plan
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Existing Building
- Proposed Car
Repair Facility
Proposed 4200 Sq.
Ft. Veterinary Clinic
Driveway Access
- Shared with
FedEx Facility
III. WAIVER REQUESTS FROM STANDARDS
The Applicant has not requested any waivers from the Standards.
tv.AUTHORITY - APPLICABLE REGULATTONS
A. The Land Use Tables contained in Section 3-403 of the Land Use and
Development Code, designates a Vehicle Repair Facility within the Rural zone district as
requiring Administrative Review.
B. Section 4-103 of the Land Use and Development Code sets forth the
Administrative Review Procedures by which the current Application is being considered.
9. The Application submittal requests two waivers from submittal requirements.
These waiver requests are from submittal requirements included an improvements
agreement and development agreement. Submittalwaivers have been accepted as part
of the completeness review.
D. Article 7 of the Land Use and Development Code sets forth General approval
standards in Division 1, General Resource Protection Standards in Division 2 and Site
Planning and Development Standards in Division 3. The standards are addressed in the
Application submittals and in the Staff Analysis section of the Staff Report.
V. PUBLIC AND REFERRAL COMMENTS
The Applicant has provlded documentation that all required notice mailings have been
completed in accordance with the LUDC. No public comments were received as a result
of the public notice. Referral Comments received on the Application are attached as
Exhibits and summarized below:
A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering
(Exhibit 3):
The Application materials show a second access to the south that is to be
shutdown when the entrance for the school is constructed. The Applicant should
explain if there is benefit to traffic in closing it off now rather than waiting untit tater.
The Applicant should provide a copy of the new well permit, once issued, that
allows the proposed uses.
The Applicant proposes to use a vault and pump scenario for up to 2 years to allow
time for sanitary sewer to be constructed in the area. tf the sanitary sewer takes
longer than two years to construct, the Applicant proposes to construct an OWTS.
T_he Applicant provides no soils information for the proposed OWTS. Additionally
the location that is proposed is a steep hillside where construction may not be
feasible.
1.
2.
3.
4. The Applicant should provide a full test of the Primary Drinking Water Standards
of the water quality for the well.
5. No drainage calculations or report was provided concerning the site. The Applicant
should provide this for sizing of drainage appurtenances.
B. Glenwood Springs Fire Department (Exhibit 4):
1. The site water system shall be upgraded to provide adequate fire flow water and
pressure to support firefighting operations. The applicant shall meet with the
Glenwood Springs Fire Department staff to determine the number of fire hydrants
to be installed on the site and there placement.
2. The application materials show fire hydrants are to be installed, however the
locations may need to be changed. Also the water main to the hydrants is to come
from the Roaring Fork Water and Sanitation District, it is part of the water system
going to the to-be built RE-l, K-8 school, to the nofth of this site. Thus the RE-l
School District utilities engineer shall also be involved in this water system
discussion.
3. The present south entrance to the site from CR154 is to remain as an emergency
entrance. lf required it can be gated to restrict usage.
4. The existing and new building shall be buililremodeled to the fire protection
requirements.stated in the lnternational Building and Fire Codes that are being
enforce in Gartield County at the time of the remodel and construction.
C. Colorado Department of Public Health and Environment AQCD and WQCD
(Exhibit 5): Noted thal "For the Vehicle Repair GAPA-03-16-8454: Autobody shops in
Colorado are subject to a variety of air, waste, and water regulations and may be required
to file an Air Pollution Emission Notice or obtain a permit depending on emissions. Pleaserefer to the Small Business Assistance guidance document
fi a p s : ttwww. c o t o ra a o. g
Requlations-for-Automotive-Repair-Facilities 0.pdf.l for additional information. Autobody
shops are also required to dispose of any hazardous waste properly.
Comments from the Wateq Quatity Control Division are as follows. The poputation water
usage appears to be partially defined for the site (auto repair shop and veterinary
center). Based on the information provided, the division does not have enough
information to determine whether the facilities will meet the definition of a public water
system or generate 2,000 gallons per day or greater of wastewater. The facility may or
may not need to satisfy the requirements of the Colorado Primary Drinking Water
Regulations orthe Colorado Water Quality ControlAct;'
D. Colorado Division of Water Resources (DWR) (Exhibit 8): Noted that "Ihe
applicant indicated that the water supply to both the existing car repair facility and the
proposed veterinary clinic will be provided by the existing well. As the current permit is
limited to one 4,000 square foot office/repair shop building and an annual approprtation
of 0.4 acre-foot, the proposal to supply the veterinary clinic - which the applicant
estimates would require 0.563 acre-foot - would be an expansion of use and would require
a new well permit. The applicant did indicate in the submitted materials that they are
aware of this and would obtain a new permit to allow for the well to also serue the new
proposed use. Therefore, as long as the applicant obtains a well permit for the expanded
use, this office would not have an objection to use of the existing well to serue both
facilities. Please note, since the property is located in the Colorado River Basin which is
over-appropriated, a new well permit would have to operate pursuant to an approved plan
for augmentation. The applicant has also indicated that they are in the process of
obtaining a contract with the Basalt Water Conseruancy District for augmentation water
for the expanded uses for the veterinary clinic."
E. Garfield County Public Health Department (Exhibit 10):
- The water supply has not been tested for the ful! range of contaminants as
required by the Land Use and Development Code.
- Operation needs to make every effort to connect to a public water supply.
- A temporary Onsite Wastewater Disposal System (OWTS) still needs to meet all
of the standards for waste disposal and storage, particularly given the potentia!
contaminants from livestock and automobile fluids.
- Property is located in the Glenwood Springs Source Water Protection Area and
as a result, the operator should contact the water treatment plant operator in the
event of a spill.
- All hazardous materials should be stored and handled with care particularly with
the facilities proximity to the Roaring Fork River. ln addition, "horse and other
livestock manure should be cleaned frequently and stored so that nutrients and
bacteria are not allowed to leave the property."'- The operators should be mindful that the proposed uses can produce fugitive
dust and as a result, "should implement proper dust control such as water
application, revegetation when possible, and covering bare surfaces with gravel."
F. Roaring Fork Water and Sanitation District (Exhibit 12): Noted that *As you are
aware the RHA|SD has a pending Seruice Plan Amendment and Location and Extent
permit that is currently scheduled for hearings in June through September. Water and
Sewer lines are being proposed to be ertended from the current District infrastructure to
the new Eastbank School site. These lines are proposed to be installed adjacent to these
two referenced properties. The RFWSD has asked that the RE-l School District and the
adjoining properties master plan the proposed utilities in this area so that the long term
utilities are master planned complete with water distribution and sewer collection lines.
The RFWSD prefers that individual connections not be made to water transmission or
sewage force mains or interceptor sewers. Forthat reason the District is awaiting a master
plan before making further commitments to serue these parcels. Both the Equine Hospikl
and the Car Repair facility will have water quality parameters for the discharge to the
sewer lines that must be met to protect the District biologicaltreatment facility."
VI. STAFF ANALYSIS
Article 7, Division 1: General Standards
1. Section 7-101: Compliance with Zone District Use Regulations
The development on the property is in general conformance with the dimensional
standards for the Rural zone district.
The parcel is currently developed with an lnter-Mountain Waste and Recycling facility and
a Gould Construction facility as documented in a letter from Gale Carmoney, former
Garfield County Code Enforcement Otficer, dated November 20,2013 (See Exhibit 7). ln
addition, the propefty currently is being used as a truck repair and maintenance facility
with outside storage of up to 30 vehicles which is recognized by the County as a legal
non-conforming use on the site. Once the uses created as a result of these Land Use
Change Permits for a Veterinary Clinic and Vehicle Repair facilities, the Iegal non-
conforming status of the existing uses will terminate.
2. Section 7-102: Conformance with Comprehensive Plan and compliance with lGAs
Garfield County has an lntergovernmental Agreement (lGA) for Development Review with
the City of Glenwood Springs as signed on May 7th,2OO1 (Reception number 580572).
Consistent with the lGA, County statf referred the initial application to the City to receive
comments. No comments have been received from the City, however.
As the subject property is within the City of Glenwood Springs Urban Growth Area, the
County Comprehensive Plan of 2030 defers to the Glenwood Springs Comprehensive
Plan of 2011 for guidance. Excerpts from the Land Use Description Section Chapter 2
and Chapter 3 - Section 1, Urban Growth Areas and Intergovernmental Coordination, as
well as the City of Glenwood Springs Comprehensive Plan of 2011 are provided below.
Gartied County Comprehensive Plan of 2030
Chapter 2 - Growth in lJrban Growth Areas
The Plan recognizes the need for existing municipalities to be able to gradually expand into
immediately surrounding areas. The county supports and encourages orderly expansion of
existing communities. Ihr.s Plan recognizes existing municipal plans and strongly supports
and encourages infill and redevelopment of existing communities. These grovvth areas are the
preferred locations in Gartield County for growth that require urban level seruices. They are
also the preferred locations for commercial and employment uses that can take advantage of
supporting infrastructure and a close by client base that reduces travel demands. The most
effective way to encourage growth in designated and planned UGAs will be by ensuring the
following:
i. Each municipality's plan for its UGA is incorporated into the Gartied County Comprehensive
Plan.
ii. Urban developments in the UGAs are encouraged to annex into the respective municipality.
iii. lf there is a public benefit to allowing development within a UGA prior to annexation, the
County and municipality will cooperatively endeavor to facilitate such development through
such means as:
1. County zoning in the UGAs adjusted to a close approximation of the municipality's
plans.
2. Development in the UGA is required to obtain a local review with comment (not
approval) before submitting for county review.3. A procedure for municipal/county review and recommendation to the Board of County
Commissioners will be developed in an IGA with each community.4. Each community is expected b ertend seruices and infrastructure to development in
the UGA that substantially complies with their plan for the UGA (landowners and the respective
municipality are strongly encouraged to enter into pre-annexation agreements that provide
commitments with respect to extensions of seruices and infrastructure, densities, etc.).
Section 1 - Urban Growth Areas and lntergovernmentat Coordination
Gartield County has worked wrth municipalities to direct development to IJGAs where
public seruices and infrastructure are provided in an efficient and cost-effective manner.
lntergovernmental cooperation between municipalities and other public agencies has
demonstrated successful collaboration and has resulted in the creation of new
partnerships and collaborative efforts on behalf of the residents of the county.
Policies:
1. Within defined UGAs, the County Comprehensive Plan, land use code revisions, and
individual projects, will be consistent with local municipal land use plans and policies.
2. Proiects proposed adjacent to local municipalities requiring urban seruices will be
encouraged to annex into the affected jurisdiction if contiguity exists.
3. Development in an UGA will have land use and street patterns that are compatible with
the affected municipality.
4. Within a locally planned IJGA, development Appticants will be required to obtain'project
review comments from the local community prior to submitting for county review. The
process should be defined in an executed lGA.
City of Glenwood Springs Comprehensive Plan of 2011
Urban Growth Boundary pGB)
The Urban Growth Boundary represents an area that can support urban-level
development. Urban development is characterized by densities typical of urbanized areas
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and by the types of seruices required to support that development such as water,
wastewater, roads, police and emergency seruices, and other similar seruices. lt also
represents an area of future annexation. Although this area lies outside of the city and is
subject to Gartield County land use requirements, according to the Garlield County
Comprehensive Plan, development and land use within the Urban Growth Boundary
should be consistent with the future land use objectives of the municipality. Both the
Gartied County and Glenwood Springs Comprehensive Plans recommend entering into
lntergovernmental Agreements to assure mutually acceptable land use and development
within the Urban Growth Boundary and to determine a process by which land use
proposals will be evaluated by both jurisdictions.
The Urban Growth Boundary has been determined using the following criteria:
. AbiliU of the City to provide adequate infrastructure, pafticularly water seruice, to new
development without placing undue burdens on the City's ability to meet current municipal
demands while maintaining adequate levels of seruice.. Areas where there would be a public benefit for the City to manage growth, giving
consideration to visual impacts, economic impacts and benefits, open space and
environmental benefits, and impacts on schools and other public facilities.
. Areas which, if annexed to the City, would simplify the city limits and provide unity of
seruices.
, Location of existing topographical features which serue as opportunities or constraints
to development.
Low Den sity Residential
Low Density Residentiat is a designation for land that is outside of the city limits but within
the urban growth area. This designation consr.sfs of single-family residentialdevelopment
that is intended to maintain a rural character. Appropriate development densities will be
determined by, amono other thinqs, current land uses, topooraphic constraints, existino
and future.utilitv connections. and existina road networks.
Land Uses Outside City Limits but within the tJrban Growth Area
Future land use designations have been applied to properties within the Urban Growth
Area. lt is intended that these propefiies within the Urban Growth Boundary be annexed
into the city at some point in the future. Among other things, these future land use
designations take into account current uses, topographic constraints, existing/future utility
connections, existing road networks, and land uses on adjacent properties.
Values and Vision for Economic Development
Despite a decent level of diversification in the Glenwood economy, the region surrounding
the city is greatly influenced by the mining, oil and gas, and construction-related
industries. The influence that these industries have on the region makes Glenwood
Springs susceptible to the associated boom and bust economic cycles that are typicalof
11
western Colorado. Therefore, the City must work to further diversify its economy in order
to minimize the impacts of boom and bust cycles. While taking sfeps to continue
diversifying the economy, the City should focus efforts on aftracting high-paying jobs to
help offset the abundance of low-paying jobs associated with the robust tourism and
seruice industry.
Community Goals Supported by Economic Development
. Maintain Glenwood's role as a regional center
Policies to Enhance Economic Development
. The City shoutd encourage the devetopment of a well-trained worffiorce.
, The City should continue to make improvements that enhance the community's quality
of life and that make Glenwood Springs a place that is attractive for new businesses and
their employees.. The City should actively pursue businesses and industries whose operations and
products are compatible with the Glenwood Springs vision.
Strategies and Actions to Promote Economic Development
Attract Diverse Businesses and lndustries - The City should diversify the economy in at
least three major ways: creating a community where employers/employees want to live,
creating oppofiunity for new and expanding local businesses, and actively seeking
targeted businesses.
Ensur:e an Attractive Communitv - Good jobs are provided by good employers. Good
employers will locate in communities where they and their employees will wantto and can
afford to live.
Allocate Adequate Land - Adequate land for new industries and businesses is limited
within city limits. However, what is available will need to be zoned to allow a business
easy development. The City should consider revising the zoning code to allow for more
flexibility of uses for a structure or site in order to better respond to the industrial and
commercial real estate market.
An adequate supply of attractive and accessible office space for professionals is also
important. The City should consider adaptive reuse of structures and land availability prior
to contacting targeted busrnesses. For new office and retailopportunities, the City should
help facilitate redevelopment of existing retail buildings in order to meet evolving retail
markets and community needs. To better understand the Upes of commercial office
space needed in the community, the City should conduct an analysis on the amount of
space currently existing.
Options immediately adjacent to the city timits and within the urban Growth Boundary
should also be examined for the ability to accommodate business and industry. An
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example site is the parcel north of the Glenwood Springs Mall in West Glenwood where
the City could assisf in preparing it to become a mixed-use office area or business park.
The City should also consider partnering with governments or organizations to plan and
possibly develop an industrial park in the immediate area.
ln accordance with the Garfield County Comprehensive Plan Policies, 'Within defined
UGAs, the County Comprehensive Plan, land use code revisions, and individual projects,
will be consistent with local municipal land use plans and policies." To this end, the
Garfield County Comprehensive Plan defers to the land use goals and policies of the local
municipalities for land within the UGA.
The City of Glenwood Springs Comprehensive Plan identifies the subject property as Low
Density Residential on the subject propefty. It is Staff's opinion that provided the City's
policies on economic development as well as the language within the Low Density
Residential designation that states that "Appropriate development densities will be
determined by, among other things, current land uses, topographic constraints, existing
and future utility connections, and existing road networks," the application is in general
conformaflce with the Garfield County Comprehensive Plan 2030.
3. Section 7-103: Compatibility
The current uses on Parcel2 include Inter-Mountain Waste and Recycling, vehicle repair
as well as Gould Construction. While this permit in conjunction with the Veterinary Clinic,
t3
which is being processed concurrently on this parcel, would eliminate the legal non-
conforming status of the existing uses on the parcel, the Gould Construction operation to
the southeast would remain. Both the FedEx and Gould facilities are light industrial in
nature and are compatible with the proposed Vehicle Repair Facility.
To the east of the subject parcel is the RFTA Rio Grande Trail, County Road 154 and
State Highway 82.
The RE-1 School District owns an approximately 35 acre parcet to the north of this subject
parcel. Staff understands that the District will be constructing a new school on this parce!
to the north within the next year.
Residentia! development exists across the Roaring Fork River to the south of the subject
parcel.
The Applicant has stated the following regarding compatibility:
The nature, scale, and intensity of the proposed use is compatible with
adjacent and historic land uses. The site has been operated as a vehicle
repair shop, in some form, for the past 50 years. Adjacent land uses include
a contractor's yard and a Fed Ex warehouse and distribution facility. The
intended use is a vehicle repair shop, which is consistent with current and
past uses of the propefi. The proposed use will generate much less vehicle
traffic than the existing land use.
4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The Vehicle Repair Facility is to be serued by a shared well located on the parcel. The
Applicant has provided the following analysis as a part of the application from Sara Dunn
of Balcomb and Green, P.C.
All the uses on Lot 2 will be serued by the existing well pursuant to the terms
of a well sharing agreement and individual well permits. Water delivery to
each facility will be separately metered to ensure compliance with the
individual well permits.
The car repair facility that will occupy the existing approximately 4,000
square foot building will be serued pursuant to Well Permit No. 05023-F and
Basalt Water Conseruancy District Contract #312. Well Permit No. 05023-
F was issued July 8, 1998 pursuant to C.H.S. I 37-90-137(2) and the uses
are limited to drinking and sanitary purposes inside a 4,000 square foot
office/repair shop building, occasional truck washing and floor washing, and
not more than 1,000 square feet of landscaping irrigation. A copy is attached
hereto. This well permit requires a valid contract (Contract #312) with the
Basalt Water Conseruancy District. According to the Basalt Water
Conseruancy District, Contract #312 is in fullforce and effect.
t4
The Equine Hospital will be serued by the same well that serues the car
repair facility. Eastbank, LLC has applied to the Basalt Water Conseruancy
District for an allotment contract and inclusion in its umbrella plan for
augmentation adjudicated in Case No. 02CW77. A copy of the Application
for Water Allotment Contract submitted by Eastbank, LLC to the Basalt
Water Conseruancy District is attached hereto. We anticipate that the Basalt
Water Conseruancy District will approve this request and tbsue a contract
within the next 60 days. Once the Basalt Water Conseruancy District
contract has been issued, Eastbank, LLC will obtain a well permit for the
uses associated with the Equine Hospital. We will supplement the
Application with the BasaltWater Conseruancy District contract, well permit,
and well sharing agreement upon receipt.
A water qualtg test was performed on the well on September 29, 2015 and
it tested negative for Coliform and E.coli. The results of that test are
attached hereto. The most recent well production pump test was pertormed
on March 2, 2015. Over the 4-hour pumping period approximately 4,800
gallons were pumped, resulting in an average pumping rate of 20 g.p.m. A
copy of the Well Pumping Test Results Letter from Resource Engineering,
lnc. is also attached hereto.
Comments were received from Mountain Cross Engineering (Exhibit 3), which indicated
that (1) The Applicant needs to provide a copy of the new well permit, once issued, that
allows the proposed veterinary clinic, and (2) the Applicant should provide a full test of
the Primary Drinking Water Standards of the water quality for the well. ln addition, the
application does not contain a water quality analysis that satisfies Section 4-
203(MXlXbXsXc) of the LUDC.
The application was referred to the Division of Water Resources who noted the following
regarding the we!! permit (Exhibit 8):
The applicant indicated that the water supply to both the existing car repair
facility and the proposed veterinary clinic will be provided by the existing
well. As the current permit is limited to one 4,000 square foot office/repair
shop building and an annual appropriation of 0.4 acre-foot, the proposalto
supply the veterinary clinic - which the applicant estimates would require
0.563 acre-foot - would be an expansion of use and would require a new
well permit. The applicant did indicate in the submifted materials that they
are aware of this and would obtain a new permit to allow for the well to also
serue the new proposed use. Therefore, as long as the applicant obtains a
well permit for the expanded use, this office would not have an objection to
use of the existing well to serue both facilities. Please note, since the
propefi is located in the Colorado River Basin which is over-appropriated,
a new well permit would have to operate pursuant to an approved plan for
augmentation. The applicant has also indicated that they are in the process
15
of obtaining a contract with the Basalt Water Conseruancy District for
augmentation water for the expanded uses for the veterinary clinic.
!n addition, Kent Kuster of CDPHE (Exhibit 5) has indicated that not enough information
was provided to determine whether the facility, in combination with the car repair facility,
will need to satisfy the requirements of the Colorado Primary Drinking Water Regulations
or the Colorado Water Quality Control Act.
Regarding connection to the RFWSD water system, Louis Meyer of SGM, lnc. who
represents RFWSD, noted the following:
Water and Sewer lines are being proposed to be extended from the current
Distict infrastructure to the new Eastbank School site. These lines are
proposed to be installed adjacent to these two referenced propefties. The
RFWSD has asked that the RE-l School District and the adjoining
properties master plan the proposed utilities in this area so that the long
term utilities are master planned complete with water distribution and sewer
collection lines. The RFWSD prefers that individual connections not be
made to water transmission or sewage force mains or interceptor sewers.
For that reason the District is awaiting a master plan before making fufther
commitments to serue these parcels.
Staff suggests the following conditions of approvalto address the aforementioned issues:
1. The Applicant shall provide a copy of the new wel! permit and Basalt Water
Conservancy District augmentation contract that allows the use for a veterinary
clinic, to be reviewed by the County Designated Engineer and Community
Development Depaftment prior to issuance of the Land Use Change Permit.
2. The Applicant shall provide a copy of the executed well sharing agreement, to be
reviewed by the County Attorney's Office and Community Development
Department prior to issuance of the Land Use Change Permit.
3. The Applicant shall provide a water quality test that meets the standards in Section
4-203(MX1)(b)(s)(c) of the LUDC, reviewed by the County Designated Engineer
prior to issuance of the Land Use Change Permit.
4. The Applicant shall provide documentation as to whether the combined veterinary
clinic and vehicle repair facility will need to meet the requirements of the Colorado
Primary Drinking Water Regulations (water) and/or the Colorado Water Quality
Control Act (wastewater). The submittal shall be reviewed and accepted by the
County Designated Engineer prior to issuance of the Land Use Change Permit.
t6
5. Section 7-105: Adequate CentralWater Distribution and Wastewater Systems
The Applicant has stated the following regarding wastewater for the site:
The Code requires that "every effort shall be made to secure a public sewer
extension." (7- 105). Public water and sewer are not yet available to the site,
but we anticipate it will be forthcoming in the next 12 months. The Roaring
Fork Water & Sanitation District ('RFWSD") has initiated the process fo
bring potable water and sanitary sewer to the site to serue the new RE-l K-
8 school to be constructed on a nearby propefi and the surrounding
properties, including this one. Based on discussions with District
representatives, the District believes that water seruice will likely be
available by late-summer/early fall of 2016 and sewer seruice will likely be
available by mid-2017.
The RFWSD's extension of these utilities will, of course, be dependent upon
County approval of its amended seruice plan, which seeks to include this
site and surrounding properties into the RFWSD's seruice area and
inclusion of the site within the RFWSD's taxing area. Connection to the
RFWSD's infrastructure will also be contingent upon permitting approvals
for the facilities, including a lift station south of the site, payment of tap fees
by the Applicant to the RFWSD, and installation of the necessary
infrastructure to connect to the RFWSD's facilities pursuant to its rules and
regulations at the Applicant's cost. The Applicant understands that the
RFWSD planned infrastructure will have the capacity to serue 350 EQRs on
the site, which will be more than adequate for the proposed use.
Appticant proposes to instatt a temporary septic tank on the property to
serue the veterinary clinic, as well as the vehicle repair shop in the existing
building. Plans call for a temporary installation of an undergroand 1,500-
gallon single chamber Norwesco Bruiser septic tank. The sewer lines will
be fitted and sized in anticipation of connecting to the RFWSD main line
when it becomes available. This temporary system will be pumped
regularly, likely once per month. Applicant will then connect to the RFWSD
line within three months of its construction, or as otherwise permitted or
required by RFWSD. lf, for some reason, RFWSD utilities are not available
within the nert 2 years, applicant will work with the County to construct a
conforming on-site wastewater system. This means the property will be
serued at all times by a water and wastewater distribution system that is
adequate to serue the proposed use.
The County has historically permitted vault and haul wastewater disposa! systems for
temporary uses. The LUDC defines Temporary as "For a duration of 1 year or less". Such
temporary vault and haul wastewater disposal methods are permitted through the
County's Onsite Wastewater Disposal Systems (OWTS) regulations.
t7
A vault and haul temporary wastewater system is not typically viewed favorably by the
County if the use it is seruing is permanent. However, as Staff is aware of the intensions
of the RFWSD to serue the area for the new RE-1 school buildings, it is Staff's opinion
that such extensions are likely to occur in the near future and that connection to regional
systems such as RFWSD are preferable to individual wastewater systems in the long
term.
ln addition, comments from Mountain Cross Engineering state that 'The Applicant
proposes to use a vault and pump scenario for up to 2 years to allow time for sanitary
sewer to be constructed in the area. lf the sanitary sewer takes longer than two years to
construct, the Applicant proposes to construct an OWTS. The Applicant provides no soils
information for the proposed OWTS. Additionally the location that is proposed is a steep
hillside where construction may not be feasible."
The vault and haul OWTS and permanent OWTS are to be shared bythe car repairfacility
and the veterinary clinic. Since the wastewater system is to be shared by two entities, a
system sharing agreement is necessary.
To this end, Staff recommends the following conditions of approva! to address these
issues:
The Applicant shall provide soils characteristics and slope information for the
wastewater absorption area to ensure compliance with County OWTS rules and
regulations for the proposed permanent OWTS system. This infonmation shall be
reviewed and accepted by the County Designated Engineer prior to issuance of
the Land Use Change Permit.
The Applicant shall provide a draft wastewater system sharing agreement prior to
execution to be reviewed and accepted by the County Attorney's Otfice prior to
issuance of the Land Use Change Permit.
The Applicant shall obtain a County OWTS permit for both the vault and haul
wastewater disposa! system and the permanent OWTS, as applicable.
Within one year from the date of issuance of the County OWTS permit for the vault
and haul system, the system sha!! be removed and replaced with either: (1)
connection to and service provided by the Roaring Fork Water and Sanitation
District (RFWSD), or (2) installation of a permanent OWTS consistent with the site
plans and representations made within the application. Under no circumstances
shallthe vault and haulOWTS system remain in place for more than one year. No
extensions for compliance with this condition shall be granted.
6. Section 7-106: Adequate Public Utilities
Adequate public utilities currently exist at the subject parcel.
1.
2.
3.
4.
7. Section 7-107: Access and Driveways
The primary access point to County Road 154 tor the proposed uses is to be shared with
the FedEx facility located to the north. Lol 2 also has a secondary access located
approximately 400 feet to the southeast. Regarding access, the Applicant has represented
the fo!lowing:
These two businesses will be accessed via the improved access off County
Road 154 recently constructed as part of the FedEx Ground Facility to the
nofthwest occupying Lot 1 of the Eastbank Minor Subdivision. The access
is 30'wide and has been designed to accommodate WB-67D trucks (double
bottom combination trucks) with a total length of 73.3 feet used by the
FedEx operation. This access is sized properly to accommodate horse
trailers that will utilize the access for the equine hospital. The Lot 2 access
onto the shared driveway with Lot 1 (FedEx Ground) is over 100 feet from
the intersection of County Road 154. This provides room for the proposed
Lot 2 traffic to straighten out prior to reaching the intersection of County
Road 154 and also provides room for stacking of at least one of the large
FedEx WB- 67D trucks so that the Lot 2 access is not blocked.
A secondary access will remain in place to the east of the proposed
buildings. This access will be eliminated once the access to a new public
schoolsrte rc constructed, at which point a secondary access point to the
two proposed businesses will be provided from this future road. This road
will eventually serue up to two public schools and future residential
development. For the purposes of this traffic study, we will assume that this
secondary access will not handle any of the proposed trips generated by
the two businesses. 100% of the trips generated will access from the shared
driveway with FedEx Ground on Lot 1.
Regarding traffic generation, the Applicant has indicated that current tratfic generation
from the site is 330 ADT. The Applicant has estimated that the car repair facility and
veterinary clinic will generate traffic as follows (application figures amended by Exhibit
1 1):
- Car Repair Facility: 80 ADT- Veterinary Clinic: 34 ADT- Total: 114 ADT
As a result, the application states that the combined uses will generate 65.5% less traffic
than the current uses on the property.
The application was referred to the Garfield County Road and Bridge Department,
Colorado Depaftment of Transportation (CDOT) and the Glenwood Springs Fire
Department. No comments were received from Road and Bridge or CDOT, however, the
Fire Department had the following comments regarding access to the propedy:
t9
The present south entrance to the site from CR154 is to remain as an
emergency entrance. lf required it can be gated to restrict usage.
Referral comments from Mountain Cross Engineering also request an explanation as to
whether there is a benefit to closing off the second southerly access now instead of
waiting untilthe school road access is created. However, since the Fire Department views
this second access as an emergency access, it is Staff's opinion that a second access is
optimal.
To this end, Statf recommends the following condition of approval to address the items
discussed above:
- At the time the roadway to the school site across Lot 3 is constructed, the southerly
access for Lot 2 onto County Road 154 shall be closed and relocated to connect
to the school site access road.
8. Section 7-108: Natura! Hazards
No natura! hazards have been identified on the subject parcel.
9. Section 7-109: Fire Protection
The impacted area of the subject parcel has been identified as generally Not Rated for
Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire Protection
Plan. The parcel is located within the Glenwood Springs Fire Department seruice area.
The Application was referred to the Glenwood Springs Fire Department (Exhibit 4), who
had the following comments regarding fire protection:
- The site water system shall be upgraded to provide adequate fire flow water and
pressure to support firefighting operations. The applicant shall meet with the
Glenwood Springs Fire Department staff to determine the number of fire hydrants
to be installed on the site and there placement.- The application materials show fire hydrants are to be installed, however the
locations may need to be changed. Also the water main to the hydrants is to come
from the Roaring Fork Water and Sanitation District, it is paft of the water system
going to the to-be built RE-l, K-8 school, to the north of this site. Thus the RE-l
School District utilities engineer shall also be involved in this water system
discussion.
While Mr. Biggers of the Glenwood Springs Fire Department is correct that the submitted
utilities plan shows a future water line running to the RFWSD system, such a
representation or timeframe has not been made in the application. As a result, the fire
protection system will need to be designed in anticipation of the facility remaining on well
provided water.
10.
Based on the above information and comments, staff recommends the following
conditions of approval:
- The Applicant shall meet with the Glenwood Springs Fire Department to come to
an agreement on (1) necessary fire flow water and pressure to support
firefighting operations, and (2) the number and location of hydrants on site. The
Applicant shall provide evidence of the consultation with the Fire Department
and written documentation of the agreement regarding the aforementioned items
to the Community Development Department and County Designated Engineer
for review and acceptance prior to issuance of the Land Use Change Permit.
Article 7, Division 2: Generat Resource Protection Standards
Section 7-201 Agricultural Lands
Staff understands that the property is not currently being used for agricultura! purposes
and it is not anticipated that the proposed development would adversely affect
neighboring agricultura! uses.
11. Section 7-202 Wildlife Habitat Areas
The proposed development is expected to have minimal impacts on wildlife. The site is
currently used for industrial purposes and the footprint of both the veterinary clinic and
car repair facility are already disturbed and graded areas of the site. As a result, no
significant impact to wildlife habitat is expected.
The application was referred to Colorado Parks and Wildlife, however, no comments were
received.
12. Section 7-zlgProtection of Waterbodies
The proposed facility is not directly adjacent to any identified waterbodies. ln addition, the
disturbance area is greater than 35 feet from the Roaring Fork River. As a result, no
impact to waterbodies is anticipated.
13. Section 7-204 Drainage and Erosion
The Applicant has provided a grading and drainage plan which has been reviewed by the
County Decignated Engineer. Below are the following comments from the County
Designated Engineer:
- No drainage calculations or report was provided concerning the site. The Applicant
should provide this for sizing of drainage appurtenances.
In addition, Plat Note Number 16 of the Eastbank, LLC Minor Subdivision (Reception
2t
Number 867716) states that "Lot 2 and 3 shall develop a storm water management plan
at the time of development or redevelopment".
ln order to accommodate the requirements set out by the Subdivision Plat and the County
Designated Engineer, Staff recommends the following conditions of approval:
- The Applicant shall provide a Stormwater Management Plan which includes
drainage calculations. This PIan shall be reviewed and accepted by the Garfield
County Designated Engineer prior to issuance of the Land Use Change Permit.
14. Sections 7-2OS Environmental Quality
Comments received from the Gadield County Public Health Department state the
following regarding environmenta! quality (See Exhibit 10):
- This property is located within the City of Glenwood Springs' Source Water
Protection Area. The operator should be mindfut of this in their operations, and
contact Jerry Wade, water treatment plant operator, at (970) 618-8209 in the
event of a spill.- Both operations at this location produce waste that, improperty disposed of, have
the potentialto negatively affect ground and surtace water suppties. Proper
handling of these materials is of utmost importance given the close proximity to
the Roaring Fork River. Waste oil and other automobile fluids shoutd be stored
so that they do not leak and are not allowed contact with bare soil. Horse and
other livestock manure should be cleaned frequentty and stored so that nutrients
and bacteria are not allowed to leave the property.- ln the impact analyses of both applications, there is no mention of dust control.
The operator should be aware that these land uses can produce fugitive dust and
should implement proper dust control such as water apptication, reiegetation
when possible, and covering bare surfaces with gravel.
In response to the above noted issues, Staff recommends the following conditions of
approval:
This property is located within the City of Glenwood Springs'source Water
Protection Area. The operator should be mindfu! of this in their operations, and
contact Jerry wade, water treatment plant operator, at (970) 61g-g2og in the
event of a spill.
Waste oil and other automobile fluids should be stored so that they do not leak
and are not allowed contact with bare soil.
The operator shall control fugitive dust through appropriate dust control
measures such as water application, revegetation when possibte, and covering
bare surfaces with gravel.
1.
2.
3.
22
15. Section 7-206 Wildfire Hazards
The impacted area of the subject parcel has been identified as generally Not Rated for
Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire Protection
Plan.
Please see Section 9, above regarding Fire Protection.
16. Section 7-207 Natural and Geologic Hazards
As noted in Section 8 of this Staff Report, no natural and geologic hazards have been
identified on the subject property.
17. Section 7-208 Reclamation
Minimal new disturbance is anticipated as a result of the proposed facilities that would not
be part of the long-term functioning of the site.
Article 7, Division 3, site Planning and Development standards
18. Section 7-301 Compatible Design:
See Section 3, above, regarding compatibility with adjacent uses.
The organization of the proposed uses appears logical with the vehicte intensive
automotive repair facility nearest to the public roadway and the veterinary ctinic set back
into the subject parcel.
The Applicant has indicated that, in accordance with Section 7-gO1 (B),"Dust, odors, gas,
fumes, and glare shall not be emitted at levels that are reasonably objectionabte to
adigcgnJ property." ln addition, "Noise shall not exceed State noise siandards pursuant
to C.R.S., Article 12 of Title 25..."
The proposed hours of operation for the facility are 8AM to SPM Monday through Friday,
with occasionalwork on Saturdays.
staff recommends conditions of approval stating the foilowing:
1. Dust, odors, gas, fumes, and glare shall not be emitted at levets that are
reasonably objectionable to adjacent p rope rty.2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Tiile
25.
3. Hours of operation for the Vehicle Repair Facility are 8AM to SPM Monday through
Friday, with occasionalwork on Saturdays.
23
19. Section 7-302 Off- Street Parking and Loading Standards:
The Applicant has indicated the following regarding parking for the facility:
The Gartied County Land Use and Development Code does not have a
good match for the proposed use of automotive repair. For the portion of
the building with office space, the estimate of 1 parking space per 250 SF
of leasable floor space will be used.
The City of Glenwood Springs Municipal Code has a category for'\rehicle
seruice station" which provides requirement of 3 parking space per seruice
bay (excluding the bay itself).
This will be used for the rest of the building which includes 4 seruice bays.
The office and reception portions of the proposed auto repair facility
accounts for approximately 1,850 square feet of the building.
1,850 SF /250 = 7.40 spaces
The 4 bay seruice area accounts for the balance of the building.
4BaysxS=12.00spaces
This makes for a need for a minimum of 18 parking spaces of which 1 witl
need to be a handicap accessible space.
Based on this analysis, it is Staff's opinion that adequate vehicle and horse trailer parking
is proposed.
20. Sections 7-303 Landscaping Standards:
The Applicant has proposed a landscaping plan, excerpted below, for the proposed
veterinary clinic and car repair facility. The plan represents preserving the existing trees
and other vegetation along County Road 154 to help screen and buffer the uses visually
from public view. Based on the existing vegetation at the site, it is Statf's opinion that the
proposed landscaping plan is adequate.
24
Landscaping Plan
21. Section 7-304 Lighting:
The Applicant has represented that lighting will conform to SectionT-3O4standards. Staff
recommends a condition of approval that any exterior lighting comply with the Standards
outlined in Section 7-304.
22. Section 7-305 Snow Storage Standards:
The property has adequate snow storage areas that are in compliance with County
standards.
2g. Section 7-306 Trail and Walkway Standards:
No recreational or community facility access areas are proposed.
V!I. SUGGESTED FTNDINGS AND RECOMMENDATION
Staff recommends a finding that the proposed Vehicle Repair Facility is in conformance
with the Comprehensive Plan of 2030 as well as the Land Use and Development Code.
Staff, therefore, recommends approval with conditions of the Eastbank Vehicle Repair
Facility application.
Suggested Findings
1. That proper public notice was provided as required for the Administrative Review
Land Use Change Permit.
2. That with the adoption of conditions, the application is in generalconformance with
the 2030 Comprehensive PIan, as amended.
3. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Land Use and Development Code of 2013, as
amended.
Suggested Conditions of Approvat
1. The Applicant shall provide a Stormwater Management Plan which includes
drainage calculations. This PIan shall be reviewed and accepted by the Garfield
County Designated Engineer prior to issuance of the Land Use Change Permit.
26
The Applicant shall provide a copy of the new well permit and Basalt Water
Conseruancy District augmentation contract that allows the use for a Vehicle
Repair Facility, to be reviewed by the County Designated Engineer and Community
Development Depaftment prior to issuance of the Land Use Change Permit.
The Applicant shall provide a copy of the executed well sharing agreement
between the veterinary clinic and vehicle repair facility, to be reviewed by the
County Attorney's Office and Community Development Department prior to
issuance of the Land Use Change Permit.
The Applicant shall provide a water quality test that meets the standards in Section
4-203(MXtXb)(5Xc) of the LUDC, reviewed and accepted by the County
Designated Engineer prior to issuance of the Land Use Change Permit.
The Applicant shall provide documentation as to whether the combined veterinary
clinic and vehicle repair facility will need to meet the requirements of the Colorado
Primary Drinking Water Regulations (water) and/or the Colorado Water Quality
Contro! Act (wastewater). The submittal shall be reviewed and accepted by the
County Designated Engineer prior to issuance of the Land Use Change Permit.
The Applicant shall provide soils characteristics and slope information for the
wastewater absorption area to ensure compliance with County OWTS rules and
regulations for the proposed permanent OWTS system. This information shall be
reviewed and accepted by the County Designated Engineer prior to issuance of
the Land Use Change Permit.
The Applicant shall provide a draft wastewater system sharing agreement between
the veterinary clinic and vehicle repair facility prior to execution to be reviewed and
accepted by the County Attorney's Otfice prior to issuance of the Land Use Change
Permit.
8. The Applicant shall meet with the Glenwood Springs Fire Department to come to
an agreement on (1) necessary fire flow water and pressure to support firefighting
operations, and (2) the number and location of hydrants on site. The Applicant
shall provide evidence of the consultation with the Fire Department and written
documentation of the agreement regarding the aforementioned items to the
Community Development Department and County Designated Engineerfor review
and acceptance prior to issuance of the Land Use Change Permit.
Other Conditions
9. All representation of the Applicant contained in the application sha!! be considered
conditions of approva!.
10.The Vehicle Repair Facility shall be subject to all Garfield County Building Code
Requirements.
2.
3.
4.
5.
6.
7.
1 1.All exterior lighting shall be downcast and shielded and comply with SectionT-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
12.The Applicant shall obtain a County OWTS permit for both the vault and haul
wastewater disposal system and the permanent OWTS, as applicable.
13. Within one year f rom the date of issuance of the County OWTS permit for the vautt
and haul system, the system shall be removed and replaced with either: (1)
connection to and service provided by the Roaring Fork Water and Sanitation
District (RFWSD), or (2) installation of a permanent OWTS consistent with the site
plans and representations made within the application.
14.At the time the roadway to the school site across Lot 3 is constructed, the
southerly access for Lot 2 onto County Road 154 shall be closed and relocated
to connect to the school site access road.
15.This property is located within the City of Glenwood Springs' Source Water
Protection Area. The operator should be mindful of this in their operations, and
contact the Glenwood Springs watertreatment plant operator in the event of a spill.
16.Waste oil and other automobile fluids should be stored so that they do not leak
and are not allowed contact with bare soil.
17.The operator shall control fugitive dust through appropriate dust control measures
such as water application, revegetation when possible, and covering bare surfaces
with gravel.
18. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are
reasonably objectionable to adjacent p rope rty.
19. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title
25.
28
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted foryour publlc
hearing. ln additlon; please lnltial on the blank line next to the statements if they accurately reflect the
described action.
My appllcation required uritten/malled notlce to adiacent prcperty flrners and mlnerat
owneB.
J- Mailednottcewascompletedonthe 25th Aayot May ,ZO1S,
X Alt owners of record wfthin a 2fi) foot radlus of the su$ect paroet were ldentified as
shown ln the Clerk and Recorde/s offlce at least 15 catendar days prior to sendlng
notice.
J- All owners of minerat lnterest in the subject property were ldentified through records ln
the Chrk and Recorder or Assessor, or throulh other means [list]
Please attach proof of certffied, retum receipt requested mailed noilce.
My appllcatlon requlred Publlshed notice.
Notice was published on the_ day of 2016.r Please attach proof of pnblication in the Rlfle Citlzen Tetegram.
tr My applkation rgquired posffng of Notice.
Notice was posted on the_ day of
-
Notice Was posted so that at least one slgn faced each adjacent road right of way
generally used by the pubth.
I testlfythatthe above lnformadon btrue ond accurate.
Name:
Signature:
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oate: Mav 25. 2016
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11
EIF
PUBLIC NOTICE
TAKE NOTICE that the Eastbank. LLC has applied to the Garfield County Director of
Co4munityDevelopment, to request a Land Use Change Permit to allow a Vehicle Repair Facility
Qry nepair Facility) to be located on the subject property located.rn the County of Garfiel4 State
ofColorado; to-wit:
I,egal Desciption:
wr 2As DEPICTED ON THAT CERTAIN EASTBANK r.r C MrNoR SITBDMSION
PLAT AS RECORDED IN TTIE OFFICES OF THE CLERK AND RECORDER FOR
GARFIELD COUNTY, COLORADO ON SEPTEMBER 8,2015 AS RECEPTIONNO.
867716. COTJNTT OF GARFIELD, STATE OF COI,ORADO
Practical Desoiption: 3927 Cormty Road 15d Glenwood Springs, CO 81623 (I;rt Z of the
Eastbank LI.C Minor subdivision and parcel Number 2rgs-3s+15-
402)
Descriptio.n of Request: The Applicant is requesting a permit to operate a vehiole repair facility
that would include outdoor storage of vehicles on an approximately2+
ace portion of a larger 16.983 acte parcel. The facility is to be se,nred
by an existing well and a new septic system. Access is provided ofr
county Road 154 and is located approximatd I.5 miles south of the
City of Glenwood Springs.
All persons affected by the proposed Land Use Change Permit are invited to comment regarding
the application. You may state your views by letter, or you may call the Community
Development Department at (970)945-5212 reg*ding the application. The Director will give
consideration to the comments of surrounding property owrert, and others affected, in deciding
whether to grant or deny the request. The application may be reviewed at the office of the Planning
Deparbnent located at 108 8th Street, Suite 401, Gaffield County Administration Buildin&
Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through
Friday. Alternatively, the application can be viewed at http//recorilg.garfield-
counlv.corn/Weblink/Customsearch.aspx?Searchl.lalneFBuildingDosumentSearch (Search for
File No. GAPA-05-1 6-8454).
The Direc'tor will issue a determination on this application on Friday Jun e?Ar20l6 therefore
any comments to be considered must be received prior to that date.
Planniug Division, Community Dwelopment
Garfielil County
MOUNTruN CKOSS
DNGINEERTNG. INC"
GMI md Envlronmenhl SonrUxffng and Dsolgn
Drinkiug Watgr Sundards of the
The Applicant should
June 10,2016
Mr. David Pesnichak
Crarfield County Plaqning
108 8tl' Steet, Suite 401
Glertwood Springs, CO 81601
l\
RE: Review of the Eastbrnk Car Care Facitity and the Eastbank Equine Hpspttal:
Dear David:
This office has performed a revierv of ttie documents provided for the Eastbank Car Ro, pair
Facitity and the
-Eastbank
Fquine Hospital. The submittal was found to be thorough apd well
organiTed. The followingiomments wete generated:
l. the Applioation materials show a second access t9 the south that is to be shutdoyn-whel the
eatanci'forthE school.is constructed. The App'licant should explain if there is benefit to" taffic in closing it offnow rather than waiting until later.
2, TlieApplicant should provide a copy of the new well permit, once issued,that allows the
proposedwes. '
3. The Applicgnt proposes to use a vault and punrp scenario for up to 2 ybars to {low time for
sanitarysewer to tie constucted in the area. If the sanitary sewer takes longer thaq lyp years
to oons.tuct, the Applicant proposes to cbnstruct an OWTS. The Applicaot provides no soils
informAton for the liroposed'OWTS. Additionally the location that is proposed is a steep
hillqide wheie con$ruction may not be feasible.
4: Th Appliqflot sfusul6.Provide a -fi.rll tsst,of the, Primary' water quality for the well.
5. No draipage calculations or report was provided concerning the $ite.
provi.de this for sizing of drainage appurtenances.
Feel free to call if you have any questions or comments.
Sincerely,
Chris Hale, PE
' 826 YzGrandAvenue, Glenwircd Sprjngs, GO 81601
P!'970.S45.5544 F; 970.945;5558 www,moqrtainoross-en0.com
David Pesnichak
From:
Sent:
To:
Subject:
Ron Biggers < ron.biggers@cogs.us>
Tuesday, June 14, 2016 3:41 PM
David Pesnichak
RE: Referral - Eastbank LLC - Vehicle Repair and Veterinary Clinic
Dave,
Comments on Permit File numbers GAPA-05-16-8453 and GAPA-05-16-8454
Fire Flow Water Supply:
Before improvements are made to the existing building on the site and the proposed large animal hospita! is constructed
the following shall happen:
The site water system shall be upgraded to provide adequate fire flow water and pressure to support firefighting
operations. The applicant shall meet with the Glenwood Springs Fire Department staff to determine the number of fire
hydrants to be installed on the site and there placement.
Note: The application materials show fire hydrants are to be installed however the locations may need to be changed.
Also the water main to the hydrants is to come from the Roaring Fork Water and Sanitation District, it is part of the
water system going to the to-be built RE-l, K-8 school, to the north of this site. Thus the RE-1 School District utilities
engineer shall also be involved in this water system discussion.
Site Access:
The present south entrance to the site from CR154 is to remain as an emergency entrance. lf required h can be gated to
restrict usage.
t nterior Buildings Fire Protection req uirements:
The existing and new building shall be builtlremodeled to the fire protection requirements stated in the lnternational
Building and Fire Codes that are being enforce in Garfield County at the time of the remodel and construction.
Ron Biggers
Deputy Fire Marshal
Glenwood Springs Fire Department
Fire Sprinklers Save LJveslll
97G3846433
Disclaimer: This email message and all aftachments are for the sole use of the intended recipient(s) and may
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David Pesnichak
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Kuster - CDPHE, Kent <kent.kuster@state.co.us>
Tuesday, May 3L, 2OL6 6:\7 AM
David Pesnichak
GAPA-05-15-8453 and 54
Flag for follow up
Flagged
Hi David,
I received additional comments from the WQCD after I sent out the comments from CDPHE last Friday, so I
combined the comments into one document for your planning file.
Kent
May 31 ,2016
David Pesnichak, Senior Planner
Garfietd County Community Devetopment Department
108 8th Street, Suite 401
Gtenwood Springs, CO 81601
Re: Fite No. GAPA-05-16-8453 and GAPA-05-16-U54
Dear Mr. Pesnichak,
The Colorado Department of Pubtic Heatth and Environment has the fottowing comments for GAPA-05-16-
8453 and GAPA-05-1 6 -8454.
For the vet ctinic GAPA-05-16-8453: ln Cotorado, tand devetopment construction activities (earth moving)
that are greater than 25 acres or more than six months in duration require an Air Potlutant Emissions
Notice (APEN) from the Division and may be required to obtain an air permit depending on estimated
emissions. ln addition, a start-up notice must be submitted thirty days prior to beginning a tand
devetopment project.
Ptease refer to the website https://www.colorado.eov/pacific/cdphe/air-permits for information on land
use APENs and permits forms. Ctick on Construction Permit and APEN forms, and then ctick on the "Specialty
APENs" to access the land devetopment specific APEN form.
For the Vehicte Repair GAPA-03-16-8454: Autobody shops in Cotorado are subject to a variety of air, waste,
and water regutations and may be required to fite an Air Po[tution Emission Notice or obtain a permit
depending on emissions. Please refer to the Smatt Business Assistance guidance document
(https: //www.colorado.eov/pacific/sites/default/fites/AP-A-Guide-to-Environmentat-Reeutations-for-
Automotive-Repair-Facitities 0.pdf) for additional information. Autobody shops are atso required to dispose
of any hazardous waste property.
Comments from the Water Quatity Control Division are as fo[[ows. The population water usage appears to be
partiatty defined for the site (auto repair shop and veterinary center). Based on the information provided,
the division does not have enough information to determine whether the facitities witt meet the definition
of a pubtic water system or generate 2,000 gatlons per day or greater of wastewater. The facitity may or
may not need to satisfy the requirements of the Cotorado Primary Drinking Water Regutations or the
Cotorado Water Quatity Control Act.
'PUBLIC WATER SYSTEM" or "PWS" means a system for the provision to the pubtic of water for human
consumption through pipes or other constructed conveyances, if such system has at teast fifteen seMce
connections or regutarly serves an average of at teast 25 individuats daity at least 60 days per year. A pubtic
water system is either a community water system or a non-community water system. Such term does not
inctude any speciat irrigation district. Such term inctudes: (a) Any coltection, treatrhent, storage, and
distribution facitities under control of the supptier of such system and used primarity in connection with such
system. (b) Any cotlection or pretreatment storage facitities not under such controt, which are used
primarity in connection with such system.
(5) "Domestic wastewater treatment work" means a system or facitity for treating, neutralizing, stabilizing,
or disposing of domestic wastewater which system or facitity has a designed capacity to receive more than
two thousand gattons of domestic wastewater per day. The term "domestic wastewater treatment works"
atso includes appurtenances to such system or facitity, such as outfatt sewers and pumping stations, and to
equipment related to such appurtenances. The term "domestic wastewater treatment work" does not
include industrial wastewater treatment plants or complexes whose primary function is the treatment of
industriat 2 wastes, notwithstanding the fact that human wastes generated incidentatty to the industrial
processes are treated therein.
The domestic wastewater treatment work definition includes vautts.
lf the system meets either of these definitions, the system must address additionat requirements through
the division.
ln addition, we do suggest that the appticant comply with att state and federal environmental rutes and
regutations. This may require the appticant or its contractor to obtain a permit for certain regulated
activities before you can emit or discharge a pottutant into the air or water, dispose of hazardous waste or
engage in certain regutated activities.
Ptease contact Kent Kuster at 303-692-3662 with any questions.
Sincerety,
Kent Kuster
Environmentat Speciatist
Cotorado Department of Public Heatth and Environment
Kent Kuster
Environmental Protection Specialist
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
303-592-3 662 | kent.kuster@qtate.co.us
Guffield Coun
June 25, 20 13
Balcomband Grpen P.C.
c/o Clpd l. Lee and Thomas J. Ha(ert
P.O. Driwer 790
Glenwoo.d $prings, CO 81602
DELMRED VtA EMAIL and USPS
RE: lnter-Mountain Operations on Eastbsnk LLC Property (Parcel # 2l E5-353-04-001)
Dear Mr. Lee and Mr. Hartert:
CoyTty Slaff-has reviewed the documentation provided in your April I l,zll3letter addressing current
and hislorical uses on the Esstbank LLC property. Bascd on that conespondense as well as-the file
docume.qrts for the Special Use Permit issued to Joe J&mmaron, located in ihe Community Development
Department, the County believes the existing Inter-Mountain operation, as defined beiow, is a teesl
nonconforming use on lhe Eastbank LLC property. The documents that support this determinatioilare
Resolution 9,7-92, and correspondence betrpeen Ptanning Director Mark
-Bean
and Joe Jammaron
(Exhibiqt A-E). The intent of tiris lrtt*r is threefotd: (l) ti memorialize the history of the uses on thispropo!.f (2) to pgint out how changes to the Unified Land Use Resolution oi ZOOB, * ur*nJJ({ULUR) affect rvhat is considered to be a legal nonconforming usei and (3) to clearly identis those
uses that will be atlowed to continue as legal non-conforming uses.-
Iate t?6.0s.f97&.
Aceording todocuments in the above refercnced file, in the late 1960 and earty 1970s this site was owned
U1jge.a:ii,, .Oeraldine Jammaron. The site contained a mineral (graveUconcrete) extraction operation
which includqd a concrete-batch plantwith numerous cement mixerc, cement transports, gravel hauiing
e.4uipqqnq corcrele pumping units and support vehictes on the property. During this sami time period]
the property also had on-site fncilities that were used for vehicle and-equipmeit repairs related to thi
mineral exhaction operation. The presence of a reparr shop and vehicie rtorugr was documented in
conesponderrce between the County Planning Departnent, Mi. Jammaron and K. i,. Weattrerty, manager
of the mineral exlraction operation.
Thcse historical commercial uses and _operations on the property rverc in existence prior to the County
enactinB land use regulations and therefore were tegal usei at the time.
lw+t997.
In letters from Planning Diredor Mark Bean, the County acknowledged certain lqgol nonconforming uses
on this propqrty ss being "an egral or lesser degree of non+onformity tt ur the preiious use." In udiiti*,
Conditbn #5 in ResotutiongT-92(Exhibit A) issued for the Contracror Yard on this parcel, refers to thosi
nonconfonning uses aqd to by the County Planning Department and the irpoty owner, Joe
-lammaron. ln 19{7, a Special Use Permit was issued to Joe ind Geraldine Rae irmmaron and Mark
Gould to allow storage of construction related vehicles on a portion of the subject property. The
Page I of3
remaining portion of the propefiy was recognized as legally nonconforming. The entire property was
zoned A,/1, AgriculturaUlndustrial at that time,
August 5,2005.
As desbribed in a letter dated August 5,2005, from the Batcomb and Green law firm (Exhibit F) there
was a meeting between representstives of the firm and the County's planning department that resulted in a
mutual agreement that Rocky Mountain Disposal's operations, that were on-site at this time, were
substantially similar to and less intense than historical uses of the properfy which therefore classified the
Rocky Mountsin Disposal (RMD) operation as a legal nonconforming use. As part of this document, a
limit was placed on the operation to permit no more than thirty (30) commercial vehicles and those uses
attendant to the operations of RMD. As described in an April I t, 2013 lettcr from Ctrad l"ee of Balcomb
and Green, the operations under the cunent lease holder, Inter-Mountain Wastc (lMW) and Recycling
are substantially similar to those associated to the RMD operation. In fact, the letter stated that IMW
eument opemtions are less intense than the previous leaseholder because MW has fewer loaded
contsiners on.sitc and no longer allows public drop off of recyclable materials. The Oounty supports this
finding.
Octobert3,200&
Prior to 0re County's adoption on Oclober 13, 2008, the County's land use code allorved for non-
conforming uses to bo changed so long as the change in use was "sn equal or lcser deg€o of non-
conformity" than the previous use.
Upon the adoption of the ULUR in 2008, however, the rcquirements for legal nonconforming uses
changed. Sections 10-102 and l&103 of the 2008 ULUR state 0rat a non-conforming use may be
continued and normal or routine maintenance of the structure conlaining a nonconforming use shall be
permitted so long as the use is not enlarged, expanded, extended or altered as defrned in Articlo 10
(ExttibitG).
Preseut.
Giuen the historicat use of the Eastbank LLC propefrI, (f.k.r. Jammaron prqperty or alca. Wcstern
Mobile site), the County's previous recognition 6e tire uses on-site as legal nbn-coniorming and the use
hing substantially similar but less intcnse in use ttran those prior to 2005, Garfield County rccognizes an
3.9 acres site (as shown in the Exhibit H) to contain tre following legd non-conforming uses:
r OverniBht storage of covered waste containcrs staged for transport to local landfills the ncxt day.
o "Transloadingl' recyclable materials (transfer of recyclable commodities) from ono container to a
larger container and stageq for shipment to a recycling/processing facility.r Storage of no more than thirty (30) commercial vohicles associated with Inter-Mountain's
operations.. Outside storage of containers and equipment associatcd with lnter-Mountain's Opentions is
limited to 100 commercial dumpsters, roll off, compastor or recycle container units and lfl)
residential trash or recycle containers.o There will be nb waste (purescible materials) stored or bansloaded at this site.r ltere will be no prblic rocess for disposal of recyclable commodities and trash or processing of
recyclabte materials.. Storage of recreational vehicles (including boats, lravel trailers) or temporary shuctures uscd as
living quarters are not permitted.. Any uses orstorage of items not listed will not be permiued.
Page2otS
Currenl and future uses shall be contained rvithin the area designared on tlre site map as shorvn in ExhibitH' Anychange in use rvill be subject to the land use code ii"effect at the time oithe change and mayrequire a Land Use Change permit.
Pursuant to Sectjon t0'106.A.1 of the Unified Land Use Resolution of 200g, as amended, any legalnonconfonning use that is discontinued for a period of six (6) months or more ai a resutt of causes rvithin
the eontrol of theProPerty owner or their agint shall be interpreted as abandonment of the use and rviltimmediately terminate the right to continue these nonconfonning uses. Expansion, entargement or
change in uses rvill also terminate the rigtrt to continue the nonconfo-rming uses.
I ' "
Failure by t!e- Co.unty to provide notification of a determination of abandonment or termination shall inno *u.'y entille the property otuter to continue or resume a nonconforming use derermined to be
abandoned or terminated under pmvisions of the adopted land use code.
Fred Jarman, Community Development Director (email)
Andy Schwaller, Building Ofliciai (email)
Itfy Gagnon, Assistant County Attorney (email)
Robert Macgregor, Dunrene Group
file:r:rcooernforcement\complaini+Sire visirs\20t3\Eastbank LLc 3927 cr.l54\6-25-t3 finalltr RE
Eastbank non-conforming slatus.docx
Exhibits:
A.) ResolutiongT-92
B.) November2,lgg4letter from Mark Bean to Joe Jammaron
C.) Novemb er 21, l994letter from Joe Jammaron to Mark Bean
D.) November 15,lg94letrer from K. R. weatherly to Joe Jammaron
E.) December l, 1994 tetter from Mark Bean toJolJammaron
F.) Augusl 5, 2005 Letter from Balcomb and Green to Msrk Bean
G.) Article l0 of 2008 Unified Land use Resolution orzooa as amended
H.) Site Map
Cale D. Criffiroiff
Page 3 of3
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Dilrdthi, ?rh dayof ootobpr. ..AD. lgJL.
ATIEST:
rill
oAnr1BlD Cot ltrv BOARD Or
CU{VIMIIiSIO{ERS, 0ATFIELD coUNTY,
COLOMDO
ofttcBoud
I&qt sdon dJty rrdc rnd mdcd rrrc foagobg nn,ofurron wrr rdopcd by rrc fnfloudng vors
cowrsStoltgR cflllntlril BAtttlr t. st{rfll
Enttrr rE
ffiffi*#m*ixffffif;
i*ffi$}ii:*li:iilri##dllffi;iiiti$it
rr.,F#Slljii}#Tifii..,:";!.,ff ;ll ii,,i.f3;
$ig{ilft xtjii.ttt},iilt irTiffiir:ril,,*.,
oenf#,-D CAUHfi
suil,.o*to At{D Pl,ilMfiO
November ?"1994
Joc Jammaron
P.O. Bor t63l
Ghnqood Springp CO 8t602
Dcar Mr. tammarcn
Athr rcvicwing your omober 2E, r gll4rilter wirh thc county Afiorncy, rc both agretrrar tho
Iro-ITyd 'lnEk rqrairand mainlenatp' facility with ollircs could boconsidered a usc lhatrcrhibils an cqnat o1[csser dcgrceof nonaonformily" lhan thc prouious nonponforming 1l3aour dctermination h blssd on somc timitations pur futuru rciler nocds ro considff hforcrcnling tho prope,ly.
{o!f Mobih'e busincs oltk-s and rqrrir thiliry hrda limitat amounr ofoutsidc stonrgcotvdticlcs' At r rqre! IhciliSy, we assurno thst therc will bc r ned to storu uslriclcs fiar thccomlunr i,r rcpoiring'Bescd on my mcmoor, rhcrc rtid norarer appdr to bcmorG $an rcn (to)
trusks parlcd out$de of the facility. Unless soreon" can ao,rnonarato thar urcrt u;rc morcthan thm(10)wldc*s-slorpdontheproportn thrt numborwill bcusodasamarimumforthepropoaorl ncu use' Additbnally, your nc* client will ncd to bo surc thal all tightiil ili,fti;into thc Dro-Pcrt1 rml ftat rounds do nol cmrnare beyond tho propcrry bounda11r. Aa you aru
"qfl tho wcubsnk homeormcrt had sornc probhms wirh rhc wcstenr Mobiis opcrationiuntil thcy *artcd oprating undcr rimilar Jrarometc$.
lfyornrcwclhntcanoperale within thcsc puramctcrn, urclbot ftat thcy woqio blwlthin thoprouisions for a churgc in a nonconfo-ann ,rr" lf pu hare any guestionq please fod fics bcdt orwrilo tothisotfroo. 'vE"E'v
Mrrh L Ban, Dirutor
Buitdlng rlrl Plennlag
MLUur
,0ottH8tAE7, lilrnEt t . elw2rgg2si5,'nlne7lrr'/,alGffl[aso sFniloq,
Joc teaunrron
PO Eox t63l L. - er
Gloruood Epr-rngre COel llovrnbrrr l9?t
tlor& BoanD!r. Errflcld Ca Bulldtng & plrrralrqr rlot gth'gt.
.r ll...--.t-,ar--
8160E
Elarurooc Eprlngr. Co Et6et
DEa. ]lr. Bcrnr
!|!;1 Ir.dlng yolf rorrrr of E J{ov.r r9?4rtrltti.rCr of itn ll0l truc*r .prkeC r,f- iEIrgicxtr:ealy lor,
t rrotc r lrttrr to k.B. lrrrthrrtyp l{rotcrn llobttr'r vlcetuerldrnt rnd rr.a.. oanagoi-i"opy-ii.iil;i .ir.rrn forlnfocCIrtlon on tholf oiirotion.
el you crri rec !V ]rfr r.rDonre kogy rnglottdtr tha!, rt'ttrlihrd around rtphti tr".ii-fi;;;. '--r' .-'--vr
I do not fc*l ry.t irty ncn buer no* nould nc6.r Ghtr ,ountind tgutd rlkr to rugiort-r-iaxtnun or-tfrrty (30D vrrrlctcrbc rllored
rhsnt; you for your conordcrrtlon orr thrr martt*r.
I folt thrt
134 Rord to
yo'ur
bc
tstncorrlyl
N|rZ WestsnaN nlbbih
KRw4b
JocJammamn
po. soi rort
Glenrryood Sprlngs, CO. 81602
DcarMr. tammaroq
- ln rc$Ponr lo_y_our rquest for infunnellon on rhe nuels of tr.rcks arrd oficr cguipmcnt'thrt nc"slond a1392'l Gounty Road 154, I hope thc foltoryrng Ufonnhion will bs of heip.
Dudry the I gl{h and l98B we had c totd of 50 mixcr hnks, I I cement rutspor6, S
qrave! hauling unir+ 6 corcrete pumphg units and numcrous urppon vehicles. Normdly duriry
lha winlcrmonlbs qort of these vchiclcs wcrcpukedatrlris lociibn Dudng ths surnmer
moaths thcy unuld bc in md out hnd moved to ohcr corrrpany locations as nc"aed. During rhc
1990! uc hayc rcducod our llca by approximruly 20lte;Nrt.
Novcmber t5, l9g4
lfyou *yrnre informaliot pleascdo not hesirsu iocall.
Respectfully,
K.R. Wcatlurly
Arcn Manrger
mrnil Aoail. E n tgnl Wdutfu Enclwt
kanr Jel
6[*atlrld$p,1,.Ctwto&e
1r.9,6,,,11
FrrlB,$?W
GARF//ELO CWilTY
BW.,/'NG AHD PIANNINC
Dcrrmber l, lgg4
JooJammrrpn
FO Box 163l
Glcnrvood Spnngs, @ St602
DarrMr. Jammlrrou .
ryry on your llmEn hncr and ths attachcd btrcr lhom K.R. wearhortn wcst*TMobib I mnsrrr tb83 s rnuimum of thiny (30) vdriqtc$ sorcd oulrfttc oitto main bullding .
k r reatonabh lirnit fora nononforming use on yourpropcrly. Thisdoc.e not prev3il
somons-from rcguc*ing a mning or lrndusc r"r,ir, rhit may rllow for u increasq in
lhis mtrimum.
lf you have aay furrher questiour abour lhit issuc, ftd fie to otl or unirc to rhbofihc.
$inerely, /
Yna#fr*+*
Mrrk L &rn, Dituulor
Building snd Pla,nning kpartrncnt
MLDtnb
!oETIH STNEE'I. SUIE $O . eac{2lffi,6,af/-ln!&?en OLENTI'OO SPRINSS,
EElrroih+$rl& llnii":+-++-*
Scoil g^t.cilri
uqryp:lr. q.Eor
nror*f e" lairron
AmoC..H,lrigao
CmdtEFlciL'caar
!t{ol{a!.t'H^ittii
Bllr,ooltB & Glnnrrvl p.C.
ATTORNBIE AT I,AII'
P.O. DBATYER ?OO::-- -: -E.r8 C'oLOn^Dg AVENUE
orrENIyC,oD apRINcS, cor.oRADO A I 6(,2
rBLEFIIONEI e7O.E.t6.OEr oFAGSltttLBr 9?o.e{6.BBOe
wwqlekombgrccneom
August 6,200i
oe courg:r,-l
l(2xxzrx Erl.cox!
.toxx A" l}rultoil
s.!crl! corrtllcl.:
Welrte Or Lornv
Ct{r!ilo!tl!lr L:9Qotl
A0ac r'hrG MothE
8r,rA !$ aJiilt
Or,lts.C, lYlrxroau
vu raNp DELIWR\
MarkBean
Director of Community Development
Garfield County
lffi Eighth Sheet, Suite ZOt
Glenwood Springs, Colprado
IRE: lastbank, LLClCozy poinb Lp (rlttr,fammaron
Permlt .Irjl"r, Meeting, Understandings and
Moirnrain DisposaVRyainudget)
Dear Marlq
This letter shall describe and co.nfirsr, based on our discussions of last week, ourrespective mutual lnd.trtuodingr or tnu ,t tu, *d ,.q;J*.;;;;m;p* ; ;;above-referenced parcel
Llt me ueSil
11 exqr.essins my client's apirreciation of the planning Departmen(s
TtP-qnEPI with these.litt t.; io particut"t, tt. *iuingess of yoq Steve Hackett andRon Van Meter to spend tirne to cooperate witir ttre piprrty owner and resolve issues.
Rocky M*urt i" Dsposal ("RIv[Dnl has, since assuming the teasehold interest in the*:::TY_f::ff:I :pfo g,: "d,lT.ni to co""ry noi'a rsc from the prior tenant,b r.tva DbaIulS,Lfly"*}ryI !t P1lh" tH portable roilets ,ri" *roved from the ste, and G)::33:*J-*r:::1_t-:l*d.$q:l1a".ppea,1n..oitr,.il:';;;;#;:i
fl :Tgllnff,..fj=l:y:*:f thesite,sF&tir'"1"d,fi le,.rrrrp""a;il;"di;;driy.1.:ffi1';Y::,11'T:::-11'.'?:*u"ur{-u+-;itila*;i;i;;;;;;;ffi;
lf:::lj* ryry?_11d, l\e5efore,wt[ not rr[uir. iJaiuoiJ &;;.Tffiffi; r?thlrty (30) commercial vehicles and uses .tt"na*i il'd;U&;i!- of nrurp o.riu be
Parcel') - Spedal Use
Confirmation (Rocky
Fl
mahtained.
Bar:oous & Glnrslre P.O.
ATTORNEYS AT I.AIY
Taoli I
However, the sublet tenant user, Ryder-Budget Rentals, has been determined to
exceed the paraneters of the perutissible uses, I have made multiple inEriries of my client,
prior tenants, RMD and othens in an attempt to underahnd how and when Ryder-Budget
came to operate at thls locaHon. Apparen0y, Hanson Equipment agreed in Decembe-r fr02
to sudr a sub&L fui tnidal oterm' (although I an unable to locate any legltimate sub-lease
agreegnent) of six Elolrths was establishe4 with a'...90 day wrltten notice to terminate...".
My dient has no privity of contsact with Ryder-Budget Any daim of sublet lnherently is a
claim through and under the primary lease wtrieh was Hansonls and now belongs to RMD.
fire RMD lease provides that subsequent zoning determinations are a basis for leasehold
terminafron.
I have attempted to contact Ryder-Budget with nodce to vacate the premises. It
appears I will need to sewe such nodce physically at the site to be certain we have
commenced appropriate ejechent processes. I will complete this no later than no* week,
if that is acceptable to you. At a minimurn, I will demand that Ryder-Budget cease its
"leasingl' acdvities at the site within the next 30 days. In the event Ryder-Budget is unable
to entirely relocate ib equipment and materiats wittrln that same frme frame, I wilt keep
your office (or Mr. Van Meter, if you prefer) apprised as to o<ac0y when the user has
vacated.
Ptease contact me with any guesdons or concerns regarding the foregoing. In the
event I have not dearly confinred the shtus and rurderstanaings disarssed herein, I
requeet that you infonn me at your earliest convenience.
Very EutylourQr
and Property Manager for
Duruene Management, Inc.
TJH:sklPe Robcrt Macgrcgor
MikcMaplc
Ron Vur McGr(Oarfrtd Connty Zoalng Comgtiurcc)
Rocky Mounbh D{Sold (ATTN: lhrld Sordcrs)
Antcle X
NorrrcoNFoRutruo Lnruo UsE
TasLror Corurerurc
SECT|ON 10.101 AppucABtLtTy........Ecrioii ;;-i;i abrui'Nurfior d;Ii6ii66ii;d;iilitii'ffiiliilU6E;:.:::::::::::l
B. Nonconbrmtng Use. ....:.:.:.....:..::..:::.:::::isEcnon J 04 03 mIr-anaEmenr on er-i;Riii'A-'-i'e ironcoNFoRMtNG
LAIIID UPE """"' .....r..........o.............r.......................................i
t. Enlargement or Alteration of Nonconrrming [ano uie prohiblted. ._....-....- r
^_P,_- _ PermissiblE Alterafions of Nonconformlng Lind Use............ ,......2sEcloN 10-104 CHANGE OF A NorcOnrdfminc LAii6 use...........::::.,::.:::gsEcrloN 1&t05 DAilAGE OR DESTRUCflON OF lrolrcorroRiltilc
srRUcruBE oR srRucruRE CONTAINING A NoNcoNFoRMING UsE..........-31 ltructure peemed llestroyed... ,.........,...Sq. Structure lntentionally Damaged or Destroyed................ ...........,gC. Permit Revlew Required,.................., .......................gD. Restoralbn of Struttureseiiroii-rd;il-'ftdfioffift iiffi FAIiidiii;di#diriiiiia'ililf iiJ;:'::::::::::A Determinatlon of Ahandonmenl ............4SECTION $.107 NOTICE OF TERMINATION AND RTGHT rO EiiXO
B. Right to Brlng EnforernentAc{on,... ...........................................8
GmneLD corr{w ur,Ftm Lmo uge Rssolulor oF 2008, AS AuErrtDEo
(Thls Page Lefl Blank lntentlonally)
GARFTELD C9U!{W UillFTED LA!{D UsE RESOLUnOil OF 2008, AS AilENDED
AnncleX
Noncoruronurnc Lero Use
10-101 Appucnslny
SECTION IO.IOI APPLICABILITY.
T.I9 rcgulstory provlslons of lhis Artlcle shall apply to all permifled hnd use. inAuUingdMsions of land and..slgns, that do not confoirir io the ipplicaue ,ii iqirl"iii,nr irthis code .gs a result .ot ,i rr:t the adopilon or amindffiG this Cod; ;. nnrradminiskalive or iudlcial decis'nn. prect'iroing ttre County from enlorcirg'nf. C"i"specific to a use on he basls of estdppels, tdhes, or wader.
SECTION $-102 COT{TINUATION OF NOT.ICONFORIINE LAND USE.A nonconforning land use may be continued, a;d-n;nnaioi routine malnlenance
shall be permitted, in cornflianci wittr the regutitory provtsioni of thls Adbt€.
A Nonconformlng Struc'ture.
Unless othenvbe,protr-lUited by qe potdsbns of thls Arli,slE, a nonconformingslrudure may continue to be octupbd.
B. Nononformlng Use.
Unless.othenrise proh6fted by prwlstons of lhis Arlicle, a nonconformlng use maybe conlinued and normel or-routlne malntenance of ine slruclure ffibirilJ;nonconbrming use shall be permitted. ruormat oi roufine maintenance shaltinclude any maintanance or repalr which does not lmpermlssibty ;hE;;,
"r,'t",the slructure corrtalning a nonconformlng use, ln cornpiiance wittr fte prEui"lons ofsectlon 10-109- Enlargamant or Attention of i uonco:nforming Lancl isr,.
SEGNON {O.IO3 ENI..ARGEIIENT oR ALTERAflON oF A NoNcoIIFoRlt,IINGLAND USE.
t . - Enlargement orAtteraflon of Nonconforming Land us6 plohlbited.
19 lgllto.continue a nonconformlng land usa terinlnat"" mr"Olat"il urtren rrenoncorlonnlng land. use ls enlarged, expanded, extended, or altered ln any of thefollgriring wa,y_s, apd.frrE property ournei does not iu.ce*fuiv purgue anf of ne.fQf slndfted in these regutatbns at Sedlon 10-10?, Natic;6f Terminaiton andRpht to Brlng Enforoennnt Action.
1.Enlargennnt or Ntention of Nonoonformhg sfnrduras. Unlessotrenrlse allontrad by provisrons of seclion- 1o-10g(B)
-b"r"i, "-rriJ
alteration, .rypalr or enrirgement of a nonconrrmrnjt[iraure hi jnv
wtrhh would lncrease t9-degreE of nonconbrmtty dntr rispect to fi,;f,oor area, setback or heigtrt regulafions of thls Code.
Addition of New struclwe. Tlre addi0on of a new struc{ure conlaining, oraccessory to, lhe nonconformlng land usE.
Elargement and Allen$on of contormlng &ructur.. unle* othemise
49ry by-provbione of sscfion rcft3(B), ttre enlarsomant andaflemtbn of a conformlng strudure conuining, or acc&sory b, Inonconfurmlng land use. lncludlng an increase kinoor ar€a, an t'ircreisain hebht or any other altera[on or lmprcvement in excEss of normal ormutine malntenane of rhe strudure tiat lncreases he nonconionnny oithe use and whlch viohtes lhe lequkemEnts lhls Code.
3.
GERHET.D COU]fiY UUFIED LAXD U8G REEOLUNOI OF 2008, A3 AiiEIIDED lGl
ANTICLEX
Nonco'uronmnc Leno Use
I O-1 03 ENLARGEI,GNT OR AITENETPN OF A NoNCO}.IFORI,{NG LAND USE
4, Enlargament and Aftaration of Land Area, Enlargement and -alteration in
the land area occupled by the nonconforming land use, unless the baslc
nature of the usE, al lhe time lt becarne nonconformlng, clearly indicated
orconlemplated such an inoease oralleration.
5. Enlargement and Nteratlon Craating a Hazad or Nulsane. Any
enlargement and/or alleralion of the nonconforming land use whhh has
the effed or threalened efieot of creaUng a hazard or nubance on or off
the property, of adversely affectlng lhe charac'ter of the neighborhood, or
of lntensifflng the use of the land oritE need for soMces.
B. Permissiblo Alteratlons of Nonconbrmlng Land Use.
The following shall not be considered prohibited enlargement or alteraflon of a
nonconforming land use.
1. Change in Ownership. A change ln ownership of the property upon whir*t
the nonconforming land use ls located. .
2, Ntantion Required for Pubtic Heafth and Safety. An alteratpn or
expansion whlch the Chief Bulldlng Official delermlnes to be necessary to
rectiff a hazardoug health or safety siluation, or to compty with the public
hEalth or safe$ requlrements of anoher govemrn€ntal entity havlng
lauful juridictlon ovEr the strudure.
3. Altentlon Reguired by ADA. An alleration or erpansion necessary to
comply with applhable accessibllity Codes and/or Statuts (Resoludon
2010-261.
4. Etttenshn of Nonconforming Use Wtthln the Struclure. fut extenrion of
the nonconforming use within the strudure contalnlng lhe use, provlded
that suoh extension ls not eccompanied by structural alteraton ldentified
ln Section 10-1 03(AXO).
5. Addition of Sdar Energy Devica, The additlon of a solar energy devlce to
a nonconformlng structure ora structure contalnlng s nonconbrming use.
6. Roufrna Maintdnance. Any replacement or upgradhg of outnoded or
wom equlpment or supplies provHed sudt activig does not create a
hazard or nuisance as ldentified in Secllon 10-103(AX5), above.
7, Sfrucfires Assoa'afad Witlt itonoonformlng Agricultual Use, OrnEra of
legal bullding lots contalnlng agdcultural uses wl'iich have becorne
nmonbrmlng as e result of adoptlon or emendment of his Gode may
testore, modiff and malnEln edsting conbrmlng siructuros, and rnay
consbuc{ new conformlng structuree, provlded such skucturEg are drec-tly
related to the agricultural use, and prcvided the nonconbrming use ts not
enlarged or allered ln any otherway whlch violates the Code.
OmReu Gourrr Uuneo LAitD UsE REsoluflorttoF 2008, AgAilEt{rrED
AnncuX
NoNcoNFoRMINc LnNo Use
10.103 ENURGEiIEI.IT OR ALTENAflON OF A NONCONFORII,ITMI I.ANO USE
8. Replacoment ot Mobile Homa A mobile home whidr is a
nonconforming use, or whlch is authorized by these regulaflons,
may be replaced by another mobile home on ttie same loiprovlded
ffrat the re_placement mobile home conforms to the requireinents ofthe Building code Resolution of the county, bnd to the
performance requirements of sris Resotuton. e doite home may
be replqced by a permanent conventional single famity dve[in6
provkJed it meets all other site requirements of trls land uie code.
9. Building on Nonconformlng Lot. A rot regally created prior to this
land use code may be built upon! provlded any structrre bulld ls ln
conformlty with all of the other provisions of thli code.
SECTION 10-104 CHANGE OFA NONCONFORMING LAND USE.
A nonco.nforylng land use shallonly be changed to a tand use whlch b oonforming ln
the zoning district in which lhe use is located. Any ctange of a nonconfurmlng 6nduse lo another use shall lmmediatety termlri*e tr'e right to conlinue tre
nonconformlng la.nd uso, and hereafler the property shalt onty be used ln conformlty
wih the use provblons of its zoning dhtrict.
SECTIOT{ 10.105 DA!'AGE OR DESTRUCTION OF NONGOI{FORIIING
STRUCTURE OR STRUCTURE CONTAINING A NONCONFORIITNB USE.
A Structure Deemed Destroyed.
{ nonrynformlng strucfure or stuclure conlalning a nonconbrmtng usE shafl be
deemed.destqoyed wtrEn eilher greater than ,iftyiso) percent of iljfloor arej, or
qreatgr than ftffy. (50) percent of its aduat valu-e (as iletermlned by the Garfield
County Assessor) is destoyed.
E, Structure lnlentionally Damaged or Destroyed
The right to conffnue a nonconformin! hnd use tdminates lmmedlately wtren the
$ructure conblnlng ffrat land use [s dimaged or destroyed by an lntenffonal acil oflhe property or struc-lure owner or lhelr agCnl
C. Permit Revtew Requhed.
Restoretion or reconesuctiin allcnred by llre provlslons of trls Arffcle sha1 be
subject to the p_erml! requhements of this Code-and lhe approprlate permit rEvlew
Proaess eg set forth in Artide N, Apptlwtion and Review Pfu'duresblttris Code.
O. Restonatlon of S0uc.ture.
Wren a nomonbrmlng s[ucture or structure contalning a nonconformlng use ts
damaged or destroyed bl causes oulsldE the conbol ot-ttre orrner or hel? Aint,the structure may be restored and the nonconforming use rnay be reegbbllstre?.
1. Restorafnn of the struclure must be comrnend withln sbc (S) months
afier the datE on whi:h lhe struc.ture was damaged or desir6yed and
completed within one year afrer the date on whidr tre rastorailon was
commenced. Upon approral by lhe Board of County Commis$oners at a
Gmrru courw uMReo Llro ltrsE REsot-urpr or 2009, A8 AitEiloED 10-3
ARTICTE X
NottcorurogrltNo LAND UsE
10.105 DAI,AGE oR DESTRUCTION oF NoNcoNFoRMING STRI,cTUREoR SlRucrune coITAINING A
Nomconronuruc UsE
publlc headng, lhese Umes may be extended for a rsasonable pedod
upon I showing of extraordinary ckcumstan@s by the property owner or
thE orne/s agenL
Z. A nonconforming structure whi* has been destroyed may be restored to
its original locallon, floor area, and helghl provtded lhat such resloraffon
cornplles with the cunent provlsions of the Bulldlng Code.
3. Reconstrucllon or restoration of E struclurE looated in the Ftoodplaln
Overlay Di$rict shall comply tvith applicable.design and constructlon
requlrements for land use ln a Floodplaln Overley Distrlc-t, set forth in
Sectlon 3-{01 of Articlelll, Zoning
sEcTloN 10.106 ABANDONIIENToF A NONCONFORi,IING LAND uSE.
The rBht lo continue a nonconbrming land use shall terminatE if the land use b
determlned to be abandonEd.
A. DElermination of Abandonment.
1. A nonconfomhg land use shatl be determined abandoned lf the use ls
dlsconilnued for an unintenupted period of sbt (6) monlhs or moret as a
tasult of Gauses withln the control of lhe prop€rty o,vn6r or their agent,
unless the use is governed by Section 10-105 (DXl).
Z. A nonconformlng land use may be determlned abandoned lf th6 use is
dbcontinued for an unlnterrupted perlod of less than six (0) monlhs lf the
proparty oflner expresely stiates an lntent to abandon ttre lend use, or
engeges ln actlon which unambiguously expresses an lntentto abandon.
SECTIO}I IO.IO7 NONCE OF TERUINATION AND RIGHT TO BRING
ENFORCEMENT AGTIOI{
A Witten NotificeJion.
ln the event lhat the Director receives infonnatbn that the right to conllnue a
nonconformlng land use has been or may have been termlnaled, the Director shalt
provide a wi$en noflftcEtbn of this determlnation by cerlified mall, refum receipt
requested, to the property oirner, and to the parel address, all as sholvn on the
resrds of ihe County Assessor. The property owner shallhaw thlrty (30) calendEr
days after the dats of the notifrcation withln which to pmvlde evHence sallsfadory
to the Direclor to show trat thE determinafron b in eror, to ebale lhe lltegal
enhrgement or alteration, or to file an eppeal of the DlrEcto/s determlnation lo the
Board ol County Commbsloners. ln any appeal, the property oflner ehall have the
burden to ahov that lhe rlght to contlnue the norrconforming use wae not
termlnated amording to ilre appli,cabla provlsions of tlris Artcb, wtren judged in
light of the hlslory and nature of the use and the drcumsbnces of the alleged
lermlnation.
GARFELD Courry Unrro LAlto UsE REsolrmoil oF 2008,A8AuE[DED tG4
ARXCLEX
NoNcoNFoRMING LAND USE
10.107 NONCE OP TCRMIr'IATIONAilO RrcHrrO BRING ENFORCEMENTACTEN
B. RighttoBringEnforcementAction.
NoJhlng in these regulations shall altsr or diminish &re County's right to takeenforcement actlon against lhe unlawtrl continuation of a nonoonf6rmmi riia ,i*.
1. Enforcernent shall be pursuant lo the provislons of Artid eXll, Enforcenent.
2- Except in the ease of an lllegal enlargement or alteration forwhb6 lhe owner
1s.
provided *irh ." thtrty (gg) da_y opporrulig to abate, .ni aarrir b, rh"
Dlrec-tor to provide notification oia diterminition of terminition shall in noway.entitle the property olyner to continue or recume a nonconforming use
lermlnated under provislons of lhese regulations.
GENNEUO COUlirY UTUNCO LAI.ID U3E RESOU'IION OF ZOOS,AE AUEilDET'10.5
(Thls Page Left Blank lntentionally)
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November20,2013
OI[cr 970.9115-8212 frr: 970'38.1.34?0
Ir4 Beattie
Glla tylp* & Houpl LLP
Aqofncys and CoUnsclors at Law
932 @perAvenue
Glenwood Springs, CO 81601
DELMRED VtA EMATL and USpS
!E: Qop{/tamDlron Commercial Park - Spcciat Use Permit Resolution g1-gz
Par.cel # 2 I 8ti;35i}{14-00 I
ryIildr.Bqqttie:
I would lt$ 1o.gant1.both rou and Mr. tvlark Gould for finding time in your schedules to
TT-qlooaate a rnectin-g yth cgunty sraffon october 31,201i, and aiir*r rr,.
"pq[tion,
.t
406.7,county RS t54, also, refened to as the prstul* i-rc piirprrti. Th;;,"r";Jiog
m6ti4g lvas lo dete$ina ifthe cunent activities in the area [;€s,il ui oo.r,iC[ns;;ion *adesigpted b{rttre sp*ia! lJse Permit(SuP), issued 'lrntggi t" l* l-,i"fii oilffi ownerar
that {me)and Mrk Gould werc consistent wittr the condirions of Resolud"; ilrii.iil;
meetinp higttli€htd that it is important to clariff that therc are two types of uscs pro"rUv
lcqyinq oa ttre pro-perty: ( t ) thosc which were approved by Resolurion; and (2i rh; which
are 'legal non-conforming uses" not conducted punsuant to apermit.
Rcqglud0nNo. g7-flla"pryyed a spgcial Use p.ermit
and
:o9,,oo. l,-lT4: ryn! the Ger-field County Plqnning Departnent. Any modification to the
T-t*1cjl Farlc lesiglltion wifl.rqyi* th? modificalion oio" sp.riJ un i"*ii ir,r;si th;
:ry|[!f tm in$isrcncc at$e time 9f *y proposed *oarnrfuion."-saeRooiudffiii;
fryr,+it dl$; Jt*.N:r"rfer 2, 1994 lcttcr-focuses solely on rhe "r.,"k np.ir aia,r{YarrA*jltrr,' and the allowancc for outside stonage of vef,ichs which ttre company is
rypqlring. nxi nie_mter t, tss4 tetrcr sraies rlut % ffiil;;ibid,'.6-o);;hil* stored
gursi$.or oe mgln b.ilding is a rcasonabre rimii; NriG;G;;nil;, ih; *r,a,tm i,Resolution No. 97'92 addresses the storage and processing of ,rt"rirtr *t d ;15,; 6[- il"
subiecl of our convgsaliom. Even if the intent wis to incl;de in ttre SUp ; .ipuril;;fu;:
:llgL non-oonforming mareriars storage or pddioe in" orrr;i;;;.s;;fi;il*"rutiondoes not address lttesc uses and cannot be rcad to include uses not ryafrfrcatty emmerated.Therefore lhe SUP only permits storage orrrcavy cqulpr.ri* tn" soutlrcm 2.r[4 acres of parcet
2A (PIot rccorit *tt34oz') and a rmck pnai1,;.in6;;e racitity wirh ourside srorrge orarnalimum of 30 vdriclet on rpp*ximatcty g.g acres on ttre rcmailnier;iilffi.-it rr" *r.,tothedkbedmqp.
This means that other land uses presently occuning on the property must fall into the second
gategoly of "legal non conforming uses" in order to be allonred to continue without violating thc
Land Use and Development Code. The information and historical backgmund that you-both
provided at that meeting was very useful in forrring our opinion about Mr. Goutd's cunent use
on the Eastbank LLC property. Staffhas concluded that the cunpnl storage urd processing of
malerials are a continuation of past legal non-conforming miaeral extrition uses. it is
rmportant to-document ths existing uscs on the site bccause the provision of the cunently
adopte{ Land Use and Development Code (LUDC) now disallow the enlargemenf expansion,
extension, or alteration of a pre+xisting non-conforming land usc.
The intent {th!t letter is threefold: (l) to memoriafit fire history of the uses or this property;
Q) to gxplain how revisions to land use rcgutations over tirne have changed how a-tegal
nonconformiuB usa may continue; and (3) to clearly idcntify those uses that will be allowed-to
continue as legal nonconforming uses on ttre Gould construction sils.
History of Uses ou the Erstbank LLC Property
P*log our meeting Mr. Gould referred to the lroposed uss' and history of the site as outlined
in the tand Usc Changc application submined for thc SIJP in 199?. As sitated in the application,
the proposed us€ wEs ....'to extend a prc+xisting non-conforming use". Under tii section
labeld-In&utrial Aperatiotts, there were various rehrences to ottrerlndusuial uses on adjaccnt
properties and to a oompany called Grand River, Paragaph B of Industrtal Operatiorts states
"... ihat a{iacent land will bc no more atrected by ttr above (i.e. impact ftom vapor, dwt,
:ro|.1^ulq than by lhe formcr tenanls, which used the land in the same manner as proposed
herpin." Bssed on references wittrin the application it seems the former tenant was Grand niv"r.
Dq Gould otplained that Grand Riverrvas a road construction compny thatprocessod materials
and usd an asphalt betch plant in its operations. It was Mr.
-Gould's
lonention thst his
operatioru cunently are and have dways been very similar to those of Grand River without the
batch plang therefore a continuation of a peviors non-conforming uses and with less impact.
Chaage to Nonconforming Uses frou 1978 to present
Undcr Soction 7.07 ol the lg?t Zoning Resolution, changing from one nonconforming use to
another Yas Per-mised so long as tbe new use was *...considered to exhibit ur equal ir lesser
dcgree of nonconformity than the existing use.,.' Ifthe nonconforming u!ts was discontinued for
6 months, ftturc ws mrst be in conformity with the mning rcsolution.
The Unified- Land Use Resolution of 2008, as amended (ULIJR), did not treat changes to a
no_nconforrrity the same. Under Section l0-lO3.A of ihe UiUn any ctrange iicludint
enlargemcnt, ex;nnsion, extension or attcration, of a nonconfonning u* to a,iotrer woull
irnmcdiately termimtc any dght to continue a nonconforming uss. Ifl nonconforming usc or
struchre rys a!$oned or discontinued for 6 months all rights to continue the non-conlorming
use would bevoid
Ttrmos! recent rerrisions to nonconfonning ulns arc addrcssed in Article lQ Section 103*A. of
the Land Use Development Cod€ (Lt DC) adopted on July 15, 2013. dodur fris code, a
nonconforming use terminates if the landowner expressly strates in writing to the Community
Development Director, if it is abandoned or discontinued for 2 years or if the use is enlarged,
expanded, extended or altered.
These revisions to Garfield County's land use regulations are significant to Gould Construction
operations on the Eastbank LLC property. Whcn Could ConsEuetion reeeived a Special Use
Permit (SUP) in lgg7, the company was operating under the 1978 Zoning Resolution whiob
allowed a change in nonconforming uses so long as it exhibited an equat or lesser degree of
nonconformigy than previous uses. firere is no record whether the nonconforming usriat the
Gould site had ever bccn abandoned or discontinued. IvIr. Gould states his operation has not
changed and has been in continuous use since 1997. Therefore, cunent uses wif be considered a
Iegal nonconfonning use under previous and present land use regulations.
Currcnt User aud Conditions
Brt94 on tltc rcprescntation made by Ma Gould, County Stalf has concluded that storage and
handling of materials (soils and gravel, sorting and cleaning) are legal non<onforming uses that
have been in place since Gould Construction occupied the site in tigZ. These operatiJns will be
allowed in addition to the uses permiued specificaliy by Resolutiongl-92(attached) as discussed
above.
In order to mcmorializc the paramelers of operation for lhe aforementioned legal non-
conforming status please provide the following information, These documents and this letter
will become part of the Jammaron/Gould Special Use File to ensure tlut this operation can
coatinue to operate as a legal nonconforming use.
t. Detailed description of existing uses.
2. A sealed survey of the 2.44 wresite used for this commercial operatioh.
3. A sitc ptan inaicating location of various operations and storage of marcrials or
equipment
4. Sealed engineered plan addressing Best Management Praotices for stonnwater control
and deuils rclating to erosion control devices, spill containment ald rivcr protection
methods.
Tlre legnl non-conforrning uses shall be containcd within the area designated on the site plan
pmvided by Gould Constrretion. Any change including the , expansion, enlargement, cxtension
or alteration of the uses will also tfininate the right to continue the nonconforming uses.
Pursunt to Section l0-10{.Al of the Iand Usc and Development Code (effective July 15,
2013), a nonconforming use shall be determined abmdoned if the use is discontinued for an
unintempted pcriod of huo (2) years or more as a result of cawes within the conhol of tlre
proPerty owner or thcir agenq unless the use.is govemed by sectioa 1G,102.D.2. Sestion l&
102.D 2 addrcsses reconstrustion of damaged or destroyed structutrs.
Failure by the County to provide notilication of a determination of abandonment or termination
shall in no way entitle the property owncr lo continue or resume a nonconforming use
determined to be abandoned or terminated under provisions of the adopted land ise code
Garfield County Administration Building
108 Eighth Stneet, Suite 401
Glenwood Springs, CO 81601
Andy Schwaller, Chief Building Official (via Email)
Tamra Alteq Planning Manager (via Email)
lileT:\Code Enforccmcnt\Comptaints-Site Visis\2o13\Goutd Consrnrction SUp CRt54\l l-2G13 Staff
Pmtion On Gould SUp-Final.Docx
Attachments: Resolutio n 9l -92
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MEMORANDUM
Date:
To:
From:
Re:
COLORADO
Division of Water Resources
Departrnent of Nafural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
June 15,2016
David Pesnichak, Garfield County, Community Development Department
Megan Sullivan, P.E., Water Resource Engineer
Eastbank LLC-Vehicle Repair & Veterinary Clinic GAPA-05-16-8454 & 8453
We have reviewed the proposals to construct and operate a Veterinary Clinic (Equine Hospital)
and to continue to operate a Vehicle Repair Facility (Car Repair Facility) on a 16.98 acre parce!;
located at3927 County Road 154, Glenwood Springs. The parcel is known as Lot 2 of the
Eastbank LLC Minor Subdivision. The property currently has an approximately 4,000 square
foot commercial building, access road and utilities in place. The applicant does not propose to
create a new lot or change the size of the existing lot. The current water supply to the parcel is
provided by a well, currently permitted under Permit No. 50236-F.
According to our records, Well Permit No. 50236-F was issued July 8, 1998, pursuant to CRS
37-90-137(2) to use an existing well constructed in the 1960s, and is valid. Use of the
groundwaterfrom the well is limited to drinking and sanitary purposes inside a 4,000 square foot
office/repair shop building, occasional truck washing and floor washing, and not more than 1,000
square feet of landscaping irrigation. The well shall be operated only when a Basalt Water
Conservancy Distric't water allotment contract between the well owner and the district is in effect
(contract referenced on the well permit is BWCD contract #312). The annualtotalvolume of
groundwaterto be appropriated underthis permit is limited to 0.4 acre-foot (130,332 gallons).
The applicant indicated that the water supply to both the existing car repair facility and the
proposed veterinary clinic will be provided by the existing well. As the current permit is limited
to one 4,000 square foot office/repair shop building and an annual appropriation of 0.4 acre-foot,
the proposal to supply the veterinary clinic - which the applicant estimates would require 0.563
acre-foot - would be an expansion of use and would require a new well permit. The applicant
did indicate in the submitted materials that they are aware of this and would obtain a new permit
to allow for the well to also serve the new proposed use. Therefore, as long as the applicant
obtains a well permit for the expanded use, this office would not have an objection to use of the
existing wellto serve both facilities. Please note, since the property is located in the Colorado
River Basin uvhich is over-appropriated, a new well permit would have to operate pursuant to an
approved plan for augmentation. The applicant has also indicated that they are in the process
of obtaining a contract with the Basalt Water Conservancy District for augmentation water for
the expanded uses for the veterinary clinic.
Please feel free to contact me at 303-866-3581 if you or the applicant has any questions.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
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Public Health195 W. 14h Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: David Pesnichak
June 14,2016
Hello Dave,
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
My comments for the Eastbank LLC equine hospital and car repair facility are below. I have
combined the two applications into one set of comments; however, will distinguish between the
two when appropriate.
1. Drinking water and wastewater disposal
a. The water supply letter from Balcomb and Green indicates that there was a water
quality test done for the existing well on the propefi that showed negative
results for E. Coli. Garfield County land use code recommends testing for the
broader range of compounds in the "Deluxe Colorado Package" of the Colorado
Department of Public Health and Environment's Laboratory Services Division or
an equivalent suite of compounds from a different lab, The testing packages are
attached for reference.
The operation should make every effort to connect to the proposed Roaring Fork
Water and Sanitation District once that system is in place as is outlined in their
application.
The wastewater system in the application was referred to severaltimes as an
ISDS. The correct term is now onsite wastewater treatment system (OWTS),
and the system should comply with all current Garfield County reguldtions. A
temporary system installed for the Equine HospitalA/eterinary Clinic should still
meet standards for waste disposal and storage, particularly given fhe potentla!
constituents in the wastewater from livestock and automobile fluids.
This property is located within the City of Glenwood Springs' Source Water
Protection Area. The operator should be mindfulof this in their operations, and
contact Jerry Wade, water treatment plant operator, at (970) 618-8209 in the
event of a spill.
2. Solid and hazardous materials and waste
a. Both operations at this location produce waste that, improperly disposed of, have
the potentialto negatively affect ground and surface water supplies. Proper
handling of these materials is of utmost importance given the close proximity to
the Roaring Fork River. Waste oiland other automobile fluids should be stored
so that they do not leak and are not allowed contact with bare soil. Horse and
other livestock manure should be cleaned frequently and stored so that nutrients
and bacteria are not allowed to leave the property.
3. Nuisance Conditions
a. ln the impact analyses of both applications, there is no mention of dust control.
The operator should be aware that these land uses can produce fugilive dust and
Garfield County Public Health Department - working to promote health and prevent disease
b.
d.
should implement proper dust control such as water application, revegetation
when possible, and covering bare surfaces with gravel.
Thank you,
ftln'ryrt.{rt- H''W
Morgan Hill
Environmental Health Specialist ll!
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
Gadield County Public Health Department - working to promote health and prevent disease
David Pesnichak
From:
Sent:
to:
Cc:
Subject:
Follow Up Flag:
Flag Status:
David,
Dan Dennison <DDennison@hceng.com>
Thursday, June L6, 20L69:44 AM
David Pesnichak
Chad Lee
RE: Eastbank Traffic Generation Question
Flag for follow up
Flagged
You are correct the trip total of the two buildings should read as follows:
Total Prqposed Trip Generation
The total estimate average daily traffic for the two proposed business is 114 trips during a busy day for both
businesses. This is approximately a 65.5Vo reduction in average daily traffic for the two proposed businesses
compared to the existing commercial operations.
Dan Dennison
High Country Engineering, lnc.
1517 Blake Avenue
Glenwood Springs, CO 81601
Ph: (e70) 94s-8676
Fx (970) 945-255s
Email: ddennison @ hceno.com
NOTICE: Use of this elecEonic nedia by anyone other
than High Country Engineering, Inc. shall be at the sole
risk ofsuch user and without liability or legal exposure to
High Country Engineering, Inc. By saving these file(s), the
user accepts responsibility for this electronic media.
From : Chad Lee [mailto : clee@balcom bgreen.com]
Sent: Thursdan June 16, 2016 9:29 AM
To: Dan Dennison
Cc: Roger Neal
Sublect FW: EastbankTraffic @neration Question
Hi Dan. Can you help me respond to the Planner's question below?
Regards,
ChadJ. Lee, Esq.
Balcomb & Green, P.C.
8r8 ColoradoAve., Gtrenwood Springs, Colorado
1
ESGM
www.s9m-rnc.com
Mr. David Pesnichak
Garfield County Planner
108 8th Street, Suite 401
Glenwood Springs CO 81601
RE: GAPA-05-16-8453 and GAPA -05-16-8454
Dear David,
I am responding to the two above referenced referrals as the District Engineer for the Roaring Fork
Water and Sanitation District. As you are aware the RFWSD has a pending Service Plan Amendment and
Location and Extent permit that is currently scheduled for hearings in June through September. Water
and Sewer lines are being proposed to be extended from the current District infrastructure to the new
Eastbank School site. These lines are proposed to be installed adjacent to these two referenced
properties. The RFWSD has asked that the RE-1 School District and the adjoining properties master plan
the proposed utilities in this area so that the long term utilities are master planned complete with water
distribution and sewer collection lines. The RFWSD prefers that individual connections not be made to
water transmission or sewage force mains or interceptor sewers. For that reason the District is awaiting
a master plan before making further commitments to serve these parcels.
Both the Equine Hospital and the Car Repair facility will have water quality parameters for the discharge
to the sewer lines that must be met to protect the District biological treatment facility.
lf you have any further questions please do not hesitate to call.
Vr-^
Sincerely
Louis Meyer, PE
GLENWOOD SPRINGS I I 8 Wesl Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1 004