Loading...
HomeMy WebLinkAbout1.0 APPLICATIONRTZ GRAVEL PIT LOCATED NEAR UNA COLORADO SPECIAL USE PERMIT Doc. # GENERAL INFORMATION (Please print legibly) Name of Property Owner: Specialty Restaurant Corporation, firncl ➢ maifiinorg A dress: 8191 R- Kafgar Blvd Telephone: {�1 A City: Anaheim State: .QA- Zip Code: 928no Cell: ( _ ) E -mail address: FAX: C_) Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc ): p RTZ industrial, LLC ➢ Mailing Address: 1011 Grand Avenue Telephone: C220 945 -5700 City: Glenwood Sprin;2_ -- State: co Zip Code: 81€01 {Cell: } ➢ E -mail address: FAX: ➢ Description of Special Use Requested: sand and Gravel Extraction and Street Address 1 General Location of Property: 9 Legal Description See attached Exhibit A to Narrative Statement Assessor's Parcel Number: 2 _1P1 �L f - t�! Z - - -Z R > Existing Use: > Property Size (in acres) Zone District: Las[ Revised 711108 GARFIELD COUNTY Building & Planning Department a, 10$ 8 Street, Suite 401 Glenwood Springs, Colorado 81601 5,, Telephone: 970.945.8212 Facsimile: 970.384.3470 `j www.garfield-county.com SPECIAL USE PERMIT Doc. # GENERAL INFORMATION (Please print legibly) Name of Property Owner: Specialty Restaurant Corporation, firncl ➢ maifiinorg A dress: 8191 R- Kafgar Blvd Telephone: {�1 A City: Anaheim State: .QA- Zip Code: 928no Cell: ( _ ) E -mail address: FAX: C_) Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc ): p RTZ industrial, LLC ➢ Mailing Address: 1011 Grand Avenue Telephone: C220 945 -5700 City: Glenwood Sprin;2_ -- State: co Zip Code: 81€01 {Cell: } ➢ E -mail address: FAX: ➢ Description of Special Use Requested: sand and Gravel Extraction and Street Address 1 General Location of Property: 9 Legal Description See attached Exhibit A to Narrative Statement Assessor's Parcel Number: 2 _1P1 �L f - t�! Z - - -Z R > Existing Use: > Property Size (in acres) Zone District: Las[ Revised 711108 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to ail the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily,.weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. if you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map wilt suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24- 65.5 -101, et seq. (That Information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property Owner that you may act in his/her behalf. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall elther be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.081, Accessory Dwelling units [section 5.43.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http:!lwww.garfield- counly_.com /build_ ing- and planninglindex.htm, or information can be obtained from this office 10. A $525.00 Base Fee: Applicant shall sign the 4A9reement for Payment" farm and provide the fee with the application. 11. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness, 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (if Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right -of -way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (64) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided, 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which i5.eorr' ct and accur to the best of my knowledge. V cure of 'Property Owner) (Dax ) ialty Restaurant Corporation (Sig ure of Property Owner) St ton Restaurant:. Corporation ?/ (Dat ) z;�,r4�.,. �t GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ( "Board ") Resolution No. 98 -09, has established a fee structure ( "Base Fee ") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the Office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base lee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Luse Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non- refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an A- greement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of'Subdivision (SB -35) $300 Land Use Permits (Conditional Use Permits) ■ Board Public Hearing only $400 Land Use Permits (Special Use Permits) ■ Planning Commission and Board review & hearing $525 Zoning Amendments • Lone District map amendment $450 • `Lone District text amendment $300 • 'Lone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • Pi1D Zone District Text Amendment $500 Comprehensive Plan Amendment $450 Board of Adjustment ■ Variance $250 ■ Interpretation $250 Administrative Permits ■ Floodplain Development $400 ■ Pipeline Development $400 ■ Minor Temporary Employee Housing $400 Checklist ■ Small Temporary Employee Housing $50 Planning Staff Hourly Rate • Planning Director $56.50 ■ Senior Planner $40.50 ■ Planning Technician $33,75 ■ Secretary $30 County Surveyor Review Fee (includes review ofAmended Determined by Surveyor$ Plats, l:inal Plats, Exemption Plats) Mylar Recording Fee $11 — 111 page $10 each additional page Page 2 The fallowing guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee, 3. Any billings shall be paid prier to final consideration of any land use permit, zoning amendment, or subdivision plan, All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final flats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 5. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORK (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and RTZ industrial, LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Special Use Permit -- Sand and Gravel Extract ion /Processing (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98 -09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the sire, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY For the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Dates Tom Zancanella Print Name Mailing Address: 1011 Grand Ave Glenwood Springs, CO 81601 1012004 Page 4 Bill KNURRV IFUMhWWW19rigLh,W 11111 Receptiong: 761201 31!08!2009 10:33:03 AM Jean Riberica ' of 1 Roe Fee :S6.00 0 C Fee :0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY This Statement D Authority relates to an entity named 9 I CT A LTV RE-ST.�UItAVIr C)R?0RA -r10N. 2. The type of entity iS a C'ORP( }RA1'lON, 3. The entity is fornied under the laws of the STATE (]F CAUF'OkNIA, 4. The mailing address for the entity is 8191 1:. raiser 13lvd., Anaheim, CA 92808. S- The names and position~ of the persons authorised to execute instru III ents conveying, cactimbering, or otheiwise affecting title to real property on behalf 0 I'S Pt:C'tA1, Y RCSTAtiRANTS CO[WORATION arc: John D. Tallichet, Chairman John T. Kenny, i'reasurcr John Gliusti, CFO Cecilia TalIicbet, Secretary. 6. The authority of the foregoing persons to bind SIT( 1At_71' R1is-rAURAN-iS CORPORATION is unlimited. 7- This Statement of Authority is executed on behal f of the entity pursuant to the provisions of Section 38 -30 -172, CRS- Executed this 91— day of December, 2008. SPECIALTY RESTAURANTS CORPORATION Fay - e!.l x'e'f:`'' y - -- Cccilia Trilliclael, Secretary SI'ATE OF CALIFORNIA ] COUNTY CN- ORANOE 1 The aboveand laregoing instrument N, as ackjiov Used 10inc me this _ day of ncccrrrber, ?40h, by f'erilia Tallichel. 5ecrctary of Spc6alty Restaurants Corhe:rttion. a Calffnrnia ('0rl)0ra13WI authori/id N1 do hum ocss in the St.ttc of Colorado Witncs5 wy hand and seal. My cuormi+tiion i:XpireS- J -0" -10 ymeTT, M.ICELLUM r.0Mr'nl54lon i 1663354 Notary Pine CWITGfrd4 0L After rerordilig, [)lease return to: Grange County btyCOM, Expkm Mar 21.20111 fiatcomb 8c Grcen, P,C. Attn-. Timothy A, Thulwn P.O. Drawer 790 Glenwood Springs, CO 81602 Reception #: 761200 ©1108!2009 10.33:03 rift Joan A14,6rica 1 of 1 Rea Fee:$8.00 Doc Fen 0.04 GARFIELD COUNTY Co STATEMENT OF AUTHORITY ] . This StalemenI of Authority relates to an entity named S-J) ('KTON RE:STAuRANT C.OR1101ZArION. 2. The type of entity is a CORPOItA'IION- 3. The entity is formed under the laws of the STATE Of' CA IM-01MA. .i. The mailing address for the entity is 8 1. 91 F. Kaiser Blvd., Anaheim, CA 92.408- 5. The names and positions of the persons authorized to execute instruments conveying. encumbering, or otherwise affecting title to re a] properly on behalf of STO('YTON REsl'AIIRANf COKPORA-I :0N are: John D. Tallichet, Chairman John T. Kenny, Treasurer John Ghuzzi, CFO Cecilia Tallichel, Secretary. 6. The authority ofthe foregoing persons to bind 5TOCKTON RES l'AURANT CURPOKnTIONI is unlimited. ThisStatcment of Authority is executed on behalfof theenlity pursuant to the provisions ofScction 38 -34 -172, C.K.S.. r Fixecuted this w2*1_ day of December, 2008. STOCKTON RESTAURANT CORPORATION BY Cecilia Tallichet, Secretary STATE: OF CAL[FORNIA } } ss. COLIN i Y OF ORANGE_ } The allove and faregoing instrument w&, ack„o«led-ed before me th is qedq of December, 2008, by Cecilia Tall,clict, Sect'ctary of Stockton Reslatrrant Cnrhoraiion, a California ['ngwation. Witness my hand and seal - 477•'rnlumission espireti: � �I" /f7 � lacy ulslie METIS M. MMUM _ Commkslon 0 1653359 Notary ?utft - Calltornla Oronpst Counfy My Comm. Wk" Mw 21.2010 After recording, please return lo: Balcornb & Green, P.C. Ann: Timothy A. Thulson P.O. Mawer 790 C'ilenwond Springs, CO 81602 1111 WIFALTIM1111 V,WI P1 Reception #: 76 0894 92/31/2008 ©3:34:10 PM Jean Albsrico 1 of i Rec Fee $8.00 t)OC Fee-0.00 GARFIELD COUNTY CO STATFNIENT OF AUTHORITY Pursuant to C. R. S. 538 -30-172, the undersigned executes this Statement of Authority on behalf of 412- LL-,e- a Lt eh +Te-b Lr ft S,? -r+zJ Co/np.3-,jx (corporation, limited liability company, general partnershi -p, registered limited liability partnership, registered limited liability 1 € -mited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity "), and states as follows: The name of the Entity is 9ryp /salrr / and is formed under the laws of�a. The mailing address for the Entity is The name and /or positi -on of the person authorized to execute .- nst- ruments conveying, encumbering, or otherwise affecting title to real property on behalf of Lhe Ent:il-y is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: Ze p r . _ (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, 'eave this section blank) EXECUTED this Z-�"O�'day of ,� , 2006. Signature: n CSE��t j apt t� Name (typed car pr rated: —k �tarnl�:5 - (� ,ZX r ae) Title vif any): STATE OF 61-O kAbo r ;ss. COUNTY Jt' y'- 7�- F,�s -� 1 eL The foregoing instrument was acknowledged before me Li:is a day of Fe- eoq-P, Ee 2008 by 11- V11W5 on behalf of a Wi tness my',h-;6e3°°' ial seal.. a My commi ss;i.pp; )e ii �,. :• jSEAL] ofi 11108 f;.��•n ••��•r COV .� {Not ry 1,ublic] After recording, please return to: Balcom6 & Green, P.C. Attn. Timothy A. Thulsan P.0, Drawer 740 Glenwood Springs, Co s1602 Garfield County, Colorado Special Use Permit Application December 30, 2008 Garfield County Planning Department 109 Eighth Street, Suite 203 Glenwood Springs, CO 81601 RE: Proposed RTZ Industrial, LLC industrial Sand & Gravel Mining Operation - Narrative Statement Planning Department: Applicant, Specialty Restaurants Corporation and Stockton Restaurant Corporation, by and through its lessee, RTZ Industrial, LLC, hereby submits the within application for Special Use Permit ( "SUP ") - Sand and Gravel extraction and processing - on and within that real property (the "Property ") located approximately 5 miles southwest of Parachute, Colorado and more particularly described within Exhibit A, attached hereto.' The Property as hereinabove identified constitutes a portion of that greater parcel of real property owned by Applicant of approximately 1200 acres and commonly known as 5 Mile Ranch and more particularly described within Exhibit P, Infra. Although this larger parcel technically constitutes the "Subject Lot" as defined under the Garfield County Zoning Resolution, because all proposed operations and reclamation will be limited that portion of the property under lease with RTZ Industrial, LLC, the Property as addressed herein has been limited as such.' Generally described, the Property is a gently sloping, triangle - shaped tract of some 130.558 acres, of which 40.7 acres will be mined. The Property is bounded on the north by Interstate Highway 70, the Union Pacific Railroad and State Highway 6 and 24. Between Highway 6 and 24 and the Interstate is the Travelers Subdivision, zoned Commercial Limited, which is currently being used as a storage /staging area for the gas drilling and development. On the east side of the Property is County Road 300, across which is a currently operating sand and gravel operation; southwest of the Property is the Colorado River. The proposed site has received some limited sand and gravel extraction in the past and was permitted as the L. G. Eve rist Pit as is evidenced by the existing pits near the south and east sides of the Property and by Garfield County Board of Commissioner Special Use Permit for extraction of natural resources, Resolution No. 81 -227. A copy of Resolution No. ' A redacted copy of the lease authorizing RTZ Industrial to conduct the permitting of the within application is attached hereto as Exhibit S. 2 All required public notices will incorporate the property description for Subject Lot (the entirety of the 5 Mile Ranch) as defined under the Zoning Resolution. ❑71SPECUSEPERM[TAPPLETTER (NARRATIVE STATEMENT).DOC Page 1 o €10 Garfield County, Colorado Special Use Permit Application 81 -227 is attached hereto as Exhibit C.3 The Property is located at an elevation of 5000 feet above sea level.. Zoning for the Property is Agriculture/Residential/Rural Density with a special use overlay for extraction of natural resources (See I.G. Everist Pit above described). In this zone district resource extraction is allowed as a special use. The lower (southerly) one third of the property is within the 100 year flood plain; however no part of the proposed mining operations are located within the floodway and because of the nature of the said mining operations (creation of a mine pit)„ no increase to the 100 year floodplain is expected to result. Copies of the floodway and floodplain mapping for the project area are attached hereto as Exhibit D. The Property is not located within any municipal watershed protection district. Coincident with the filing of this SUP Application, Applicant has filed with the Colorado Division of Reclamation, Mining and Safety (DRMS) an application for Section 112 Construction Materials permit for this project. A copy of this application has been filed in the office of the Clerk and Recorder for Garfield County, Colorado and is provided herewith under separate cover. Set forth below is the information requested on the Garfield County Special Use Permit application, which includes some materials designated in Section 5.03 of the Garfield County Zoning and Subdivision Regulations. Further information is provided in the Impact Statement which follows this Narrative. Information Requested: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and /or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. Reply to Request: Nature and character of the Special Use - The proposed operation is intended to mine, crush and screen sand and gravel from the alluvial materials adjacent to the Colorado River. The operation will process approximately 150,000 tons of material per year, a portion of which will be sold and hauled offsite. Depending on the market for the products sold, the operation will have and expected life of ten years. As sand and gravel pits normally go, this operation will be a relatively small one. There will be no asphalt or concrete mixing operations involved. Excavators, front -end loaders, strippers and off -road haul vehicles will be the primary means of mining and moving materials to and from the 3 This gravel mining operation was permitted by the DMG (Division of Mining and Geology), predecessor to the DRMS under permit no. M1981201 (1120). MSPECUSEPERMITAPPLETTER (NARRATIVE STATEMENT)DOC Page 2 of 10 Garfield County, Colorado Special Use Permit Application crushing and screening plants. The types and capacities of the equipment proposed to be utilized and the scope and breadth of the proposed operations are more specifically addressed the draft Fugitive Dust Control Plan and Application for Air Pollutant Emission Notice (APEN) - and Application for Construction Permit and Fugitive Particulate Emissions Control Plan, copies of which are collectively attached hereto as Exhibit E. Although the mining plan divides the site into three phases, reclamation will occur continuously as mining is completed. This will accomplish five main goals: 1. Begins reclamation on any one area as early as is practical to do so; reclamation shall be completed no later than 6 months following the initiation of raining operation within the new phase. 2. Reduces visual impacts of the mining operations, 3. Reduces potential for fugitive dust emissions, 4. Reduces material handling costs, and 5. Increases the potential for reduced bonding requirements. As overburden and topsoil are removed for mining from one area they can be placed in areas that are being reclaimed, reducing the need for material stockpiles. The reclamation will include two ponds as a water feature and 24 residential lots. The Mining Plan and Reclamation Plan /Reclamation Maps are attached hereto as Exhibits F and G, respectively. Hours of Operation - The hours of operation for the site will be 7 AM to 8 PM, Monday through Saturday from March through November. Winter month (December through February) operating hours are to be 7 AM to 6 PM, Monday through Saturday. No regular nighttime activities are anticipated; however, occasional equipment repair and maintenance may require limited night operations, During these times any fighting that may be required will be kept to minimum and will be directed inward and downward onto the subject machinery. Given that no residential structures are located within proximity to the Property, no residential disturbance should occur as the result of such nighttime operations. Vehicles Accessing the Site - The anticipated traffic flow to and from the site is summarized in the table below. The table is taken from the traffic study by Felsburg, Holt and Ullevig. The complete traffic study is included as Exhibit H_ Trip Type Annual Trips Average Daily Traffic Trucks (in unloaded and out loaded) 15,000 52 I Employees days (3 full time) - Employee days 1,716 6 Service Vehicles (2 per day) - Visits 1,144 4 Total 17,860 62 f D:ISPECUSEPERM [TAP PLETTER (MAP RAT €VE STATE MENT) .r3QC ri J Page 3 of 10 ■ Garfield County, Colorado Special Use Permit Application The traffic will normally exit from the site and use a short section (approximately 600 feet) of County Road 300 and will then turn onto Highway 6 & 24. Applicants= application for Garfield County Driveway Permit is attached hereto as Exhibit 1. Because the proposed traffic loads to State Highway 6824 are expected to exceed the threshold 20% level, Applicant shall process with the Colorado Department of Transportation an application for access permit coincident with this Application. Applicant's State Highway Access Permit Application is attached hereto as Exhibit J. Have routes to and from the site shall be those designated in Figure 2 of the traffic study. Structures - No permanent structures are proposed for this facility. A portable construction trailer will be used as an office during mining operations and will be removed after mining ceases. Utilities - It is anticipated that the only utilities that will be required by this facility will be electricity and telephone for the construction trailer. The equipment will be operated by diesel power. Diesel fuel will be transported to the site in pickup (or larger) trucks for refueling of the equipment. Portable toilets will provide onsite wastewater. Bottled water will be provided as a potable water source. Electrical power is currently available to the site. Information Requested: 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Reply to Reguest: Water Usage — Applicant's proposed water usage is set forth within the engineering data incorporated with the Decree issued by the Water Court in Case No. 07CW88, a copy of which is attached hereto as Exhibit K. Actual depletions will be augmented under the Decree by release from Wolford Mountain Reservoir under Applicant's Water Supply Contract with the Colorado Water Conservation District, a copy of which is attached hereto as Exhibit L. Applicant's application for well permit (pond evaporation) is attached hereto as Exhibit M. An exempt commercial well permit as been obtained for domestic and ISDS purpose, if the same need to be utilized. Information Requested: 3. Submit a site plan Imap drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. if you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. Q:WECUSEPERMITAPPLETTER (NARRATIVE STATEMENT).DOC Page 4 of 10 Garfield County, Colorado Special Use Permit Application Reply to Request: Site Plan - See Generally, Mine Plan attached hereto as Exhibit F, Suora and Project Location Map attached hereto as Exhibit N. Existing or Proposed Structures -No permanent structures are proposed for this facility. A construction trailer is to be used as an office and will be removed after mining ceases. Driveway Access Permit - The Garfield County driveway access permit application is attached hereto as Exhibit 1, Suora. State Highway Access Permit - The Colorado State Department of Transportation Highway Access Permit application is attached hereto as Exhibit J, Supra. Information Requested: 4. Submit a vicinity map showing slope I topography of your property, for which a V. S. G. S. 1:24,000 scale quadrangle map will suffice. Reply to Request: See Project Location Map attached hereto as Exhibit N, Supra. Information Requested: 5. Submit a copy of the appropriate portion of a Garfield County Assessor=s Map showing all the subject property and public acrd private landowners adjacent to your property (which should be delineated). In addition, submit a list of alt property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor =s Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). Reply to Request: Exhibit O, attached hereto, collectively includes the Garfield County Assessor =s Map, a list of adjacent public and private landowners with addresses. The mineral right owners are the property owners, Specialty Restaurants Corporation and Stockton Restaurant Corporation. Information Requested: 6. Submit a copy of the deed and a legal description of the subject property. Reply to Request: The vesting deeds are attached hereto as Exhibit P. The legal description for the Property is attached hereto as Exhibit A, Supra. Information Requested: 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in hislher behalf. O:iSPECUSEPERMITAPPLETTER (NARRATIVE S7A7EMENT).00C Page 5 of 10 Garfield County, Colorado Special Use Permit Application Reply to Request: RTZ Industrial, LLC (ARTZ) has [eased the right to mine the sand and gravel from the owners of the property, Specialty Restaurants Corporation and Stockton Restaurants Corporation which lease authorizes RTZ to act on behalf of Applicant instant to the processing of the within the Garfield County Special Use Application. A copy of this lease is attached hereto as Exhibit B, Supra. Information Requested: 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Reply to Request: See Generally, Applicant's Response to Paragraph 2., hereinabove. Applicant submits that adequate water and sanitation can be supplied by well water and portable toilets. Because of the small number of projected employees (average 4 workers per day) working at the proposed facility, it is not deemed practical to install a well and water supply system, a septic tank and leach field and an office trailer to house the toilet facilities. Also, because the location of the mining operation will be continually changing and there is a need to locate the facilities as close as possible to the worksite, permanent facilities are not practical and are inconsistent with the proposed reclamation of the Property. Information Requested: (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Reply to Re nest: Driveway improvements will be required to access County Road 300. Given that the adjacent mining operation to the east of the Property is soon anticipated to be reclaimed, the additional impacts presented by this project to County Road 300 are expected to be minimal. It is projected that the existing dirt driveway will be replaced with a corrugated metal culvert beneath a widened and asphalted driveway. The upgraded access will be permitted by Garfield County and will conform to Garfield County standards. Application has been made to the Colorado Department of Transportation relative to the impacts presented to State Highway 6 &24. To date what, if any off -site improvements will be required to this section of the state highway system have yet to be determined. Information Requested: ❑:ISPECUSE PERM ITAPPLE'l rER (NARRATIVE STATEMENT). DOG Page 6 of 10 Garfeld County, Colorado Special Use Permit Application (3) Design of the proposed use is organized to minimize impact an and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character, Reply to _Request: The adjacent land uses are primarily industrial and transportation related uses. A sand and gravel operation similar to the proposed operation is currently in operation on the east side of the Property. Highways, railroad tracks and industrial storage /staging area for gas development border the Property to the north. It is believed that the proposed land use will not significantly impact those adjacent areas. The south side of the property is bordered by the Colorado River. A 200 foot wide Buffer zone along the river has been built into the Mining Plan so that there will be no visual impact from river level. There is one main access point to the Property for the proposed operation. This access is proposed to be across County Road 300 from access points currently in use by the Grand Junction Pipe sand and gravel operation. The use of this access and the mining of sand and gravel would therefore conform to the character of the surrounding area. All lighting will be kept to a minimum and will be for safety and security. Lighting will be directed inward and downward onto the property. Signage will be used for safety reasons and will comply with safety standards for sand and gravel operations. Signs will also be placed at the entrance to the facility to identify this operation to the public. A background noise study has been prepared for the Applicant by Walsh Environmental Scientists and Engineers, LLC, the results of which are set forth within Exhibit Q, attached hereto. Given existing ambient noise and existing industrial/non- residential uses in the area, Applicant's proposed operations will comply with the mandated Colorado state noise restrictions. Further, Applicant has retained Engineering Dynamics Incorporated to evaluate regulatory compliance as to actual proposed operations, given this background data. A description of their analysis is also contained within Exhibit Q. In summary, the site conforms to the character of the surrounding land uses, which are primarily industrial, commercial and transportation. it is well positioned in terms of its potential impacts to adjacent uses, especially residential, since the nearest residence in more than 1000 feet from the subject property. The site is well buffered on all sides and it is anticipated that no negative impacts will be experienced by neighboring properties. D3SPECUSEPERMITAPPLETTER {NARRATIVE SrATEMENT).DOG Page 7 of 10 Garfield County, Colorado Special Use Permit Application 5.03.08 industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating wafer, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; Information Requested: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93 -061) Reply to Request: See Generally, Response to Section 5.03.07, hereinabove. The above referenced noise study (Exhibit 0) quantifies the current noise levels for the proposed site. The report measured noise levels at six points on the Property during a time when the adjacent mining, crushing and screening facility was in operation. The study recorded noise levels as close as 300 yards from the adjacent facility. All average and time - weighted- average sound levels recorded during the study were well below the maximums of 80 decibels from 7:00 AM to 7:00 PM and 75 decibels from 7:00 PM to 7:00 AM as mandated by Colorado regulations (CRS 25 -12 -103). The Industrial noise level zone from the regulation is used here, since that is the character of the proposed facility=s location and there are no residences within 1000 feet of the subject property. It is therefore believed that the proposed operations will not generate noise levels at the property lines that will exceed the state mandated levels. Information Requested: (2) Vibration generated- every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Reply to Request: The equipment to be used at or within the Property will not generate vibration, which could carry beyond the Property boundaries. The earth moving equipment, trucks, crusher and mechanical screen will be the primary generators of vibration. Blasting will not be necessary to mine the material at the proposed operation, Additionally, as described in the attached Impact Statement, substantial buffer zones are present on all sides of the site. _Information Requested: (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; 0. \SPECUSEPERMITAPPLETTER (NARRATIVE STATEMENT) DOC Page 8 of 10 Garfield County, Colorado Special Use Permit Application Reply to Request: Exhibit E contains the applicable permit applications to the Colorado Department of Public Health and Environment (AC DPH &E) for the machinery, which is to be used in the proposed operation. CDPH &E inspects the equipment on a periodic basis to insure that it remains in good working order and does not exceed state and federal standards for emissions. In addition, a Fugitive Dust Control Plan (Exhibit E) was completed in order to assure compliance with fugitive dust standards. Information Requested: (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fames which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations, which may be required by law as safety or air pollution control measures, shall be exempted from this provision; Reply to Request: The only heat generated on the site will be from the machinery. This is expected to be minimal and will only affect the immediate area of said machinery. No unusual amount of glare is anticipated from the either the machinery or the construction trailer. Radiation is not foreseen to be a problem from this type of mining activity. As discussed above, the Colorado Department of Public Health and Environment will monitor the equipment at the site to insure that emissions from the machinery do not exceed prescribed levels. Information Requested: (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas :(A97-112) Reply to Request: These types of uses do not apply to the proposed Special Use. Information Requested: (6) Water pollution: in a case in which potential hazards exist, if shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Reply to Request: Exhibit R is the Stormwater Management Plan, which addresses storm water drainage from the Property and which plan incorporates spill prevention and counter measure procedures. Drainage from the Property will be conducted in accordance WSPECUSEPERMITAPPLETTER (NARRATIVE STATEMENT).00C Page 9 of 10 Garrie €d County. Colorado Special Use Permit Application with the provisions of the Drainage Plan, attached hereto as Exhibit S. Point source discharges will be conducted in accordance NPDES permits to be issued by the Colorado Water Quality Control Commission - the applications for which are included within the Drainage Plan hereinabove referenced. Because of the relatively small and transitory nature of proposed operations, Applicant has specified the use of bottled water and portable toilets. Percolation testing would only be needed if an ISDS system were to be installed. Groundwater testing would only be needed if well water were to be used for drinking water purposes. If either of these systems are required, Applicant would comply with the appropriate state and local regulations. D.lSPECUSEPERMITAPPLETTER (NARRATIVE STATEMENT),DOC Page 10 of 10 Table of Contents Narrative Statement Exhibit A ............................. ..........................Legal Description Exhibit H ............................... .........................Gravel Lease Exhibit C ................... ...........................L.D. Fverist SUP Resolution of Approval Exhibit [) ................................... .....................Floodplain Mapping Exhibit E .. ............................... .......................Fugitive Dust Control Plan Exhibit F .............................. ..........................Mire Plan Exhibit G. — . ....... ....... ................ Reclamation Plan Exhibit H ........................................................ Traffic Study Exhibit I .... ............................... ......................Driveway Permit Application Exhibit] ............ ............................... .............State IIighway Access Permit Exhibit K..... ..... . ............................ . ................Water Court Decree Exhibit L- . ....... .......... ....... .......... ..Water Supply Contract Exhibit M ............................. ...........................Well Permits Exhibit N . ............................... ........................Project Location Map Exhibit D ......................... ............................ . .. Assessor Map Exhibit P...... ... ...................... ......... ............. Vesting Deed Exhibit Q ............................. ..........................Noise Study Exhibit R ........................................................ Storm water Management flan Exhibit S .. ............................... .......................Drainage Plan