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2008_7_BOCC_GL Log Homes_rnwldoc - DEPARTMENT OF PLANNING AND ZONING

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2008_7_BOCC_GL Log Homes_rnwldoc - DEPARTMENT OF PLANNING AND ZONING ...

    DEPARTMENT OF PLANNING AND

    ZONING

    308 Byers Ave ? P.O. Box 239 ? Hot Sulphur Springs ? Colorado ? 80451

    970-725-3347 Ext 129 or Fax 970-725-3303

    CERTIFICATE OF RECOMMENDATION

TO: Grand County Board of County Commissioners

FROM: Department of Planning and Zoning

DATE: July 8, 2008

RE: Grand Lake Log Homes, Inc. Special Use Permit Renewal

    APPLICANT: James E. Hobbs, Grand Lake Log Homes, Inc.

LOCATION: Tract 67, Great Divide Head Lettuce Colony Subdivision, SW1/4

    NW1/4, Section 33, Township 2 North, Range 76 West of the 6th P.M.

    ZONING: Forestry and Open (F)

    APPLICABLE

    SECTION OF

    CODE: Grand County Zoning Regulations and Grand County Master Plan

    EXHIBITS: Letter of Application, Resolution No. 2005-7-5, and site map

    STAFF

    CONTACT: Brandon Smith

    REQUEST: The applicant is requesting approval to renew the Grand Lake Log

    Homes, Inc. Special Use Permit that allows a log peeling facility and

    log home construction business.

     DISCUSSION:

The Applicant is requesting a renewal of their current Special Use Permit that allows for the base

    operation of Grand Lake Log Homes, Inc. located on Tract 67, Great Divide Head Lettuce

    Colony. The Applicant currently operates under a Special Use Permit to run a log peeling facility

    and log home construction business pursuant to Board of County Commissioners (BOCC)

    Resolution No. 2005-7-5. This Special Use Permit was initially granted a five (5) year permit

    period by Resolution No. 1973-6-6 and this permit has been renewed for consecutive five (5)

    year periods by Resolution Nos. 1978-3-2, 1983-5-12, 1988-6-14, 1993-5-13, 1998-7-6, and

    2003-7-11. The Applicant received an amendment to their Special Use Permit by Resolution No.

    2005-7-5, which had twenty (20) conditions including but not limited to a change in site location,

    adding a crane, and requiring a Storm Water Management Permit.

This business has been in operation at the present location for the past three (3) years with no

    complaints to the planning department. Public notification has been made in the Thursday, June

    5th Middle Park Times, as well as to all property owners within 500’ of the subject property for

    the request to renew this Special Use Permit. Staff has not received any public comment in

    conjunction with this request.

The Permittee’s are the owners of the property where the business is located, are currently in

    good standing with the County, and no additional impacts are proposed with this request.

    Therefore, it is Staff’s opinion that it is reasonable to grant a ten (10) year extension of this

    Special Use Permit, expiring on July 8, 2018.

COMPLIANCE/NONCOMPLIANCE WITH GRAND COUNTY MASTER

    PLAN:

This use would continue to support the goals and objectives of the Grand County Master Plan.

    Specifically, this business aids in developing a stable year-round economic base within the

    County. With this in mind, Staff feels the proposed amendment is in compliance with the Master

    Plan.

COMPLIANCE/NONCOMPLIANCE WITH GRAND COUNTY ZONING

    REGULATIONS:

This property is located within the Forestry and Open Zone District as designated on the official

    Grand County Zoning Maps. It is Staff’s opinion that this log peeling and log home construction

    business continues to be in compliance with Section 6.1(6) of the Grand County Zoning

    Regulations.

STAFF COMMENTS:

In order to clarify and keep the language up to date in the Special Use Permit, staff recommends

    multiple minor changes to the conditions. The proposed changes are below in bold:

    Grand Lake Log Homes, Inc. Special Use Permit

    July 8, 2008

    Page 2 of 6

    C. Drainage Plan: Permittee shall continue to implement improvements recommended by the engineered drainage plan to mitigate off-site impacts from this

    operation. on or before November 1, 2005 and shall notify the Grand County

    Department of Planning and Zoning immediately when said improvements are

    completed. The Grand County Department of Planning and Zoning shall inspect

    said improvements within ten (10) days of being notified of completion by the

    Permittee.

D. Stormwater Management Permit: Permittee shall obtain a Stormwater Management

    Permit from the Colorado Department of Health and Environment on or before

    November 1, 2005 and shall comply with requirements of that permit. The Grand County

    Department of Planning and Zoning shall inspect improvements required by this Permit

    on or before November 1, 2005.

This entire section should be removed because the disturbance to the site from

    construction of the facility has already been completed. The Applicant did apply

    and received a Colorado Discharge Permit, which expired on June 30, 2007.

    F. Septic System: Any septic system installed on the property shall comply with current Grand County regulations and shall be monitored annually by a licensed inspector. A

    copy of Grand County Septic System Installation Guidelines is attached hereto as Exhibit

    B and incorporated hereto by reference.

This entire section should be removed since the Applicant does not, nor do they plan

    to have a septic system installed at this site. Sanitation for employees is provided by

    one (1) portable toilet.

    G. Well Permit: Permittee shall obtain a well permit, as required by the State Engineer, for this operation on or before November 1, 2005.

Staff is recommending this section be removed. The business does not require a well

    nor did the State Engineer require the Applicant to obtain a well permit. The only

    need for water at this business is for drinking and this is taken care of by having the

    employees bring their own drinking water.

    J. Truck Traffic: Truck traffic to the permitted site is limited to a maximum of twenty (20) round trips (round trips defined as one ingress to the site and one egress

    from the site) per month. Trucks shall use the route designated by the Town of

    Granby, i.e., Grand County Road 608, Garnet Street and Fourth Street, as access to

    and from U. S. Highway 40. Trucks shall strictly obey all posted speed limits.

    Permittee shall submit quarterly reports of trip logs to the Grand County

    Department of Planning and Zoning.

    K. Road Damage: During the term of this Permit, if any damage or injury is caused to County Road 608, Garnet Avenue or Fourth Street, said roads being the

    public right-of-way over which materials will be transported to and from the Permit

    area, then and in that event, the County shall give written notice to the Permittee

    Grand Lake Log Homes, Inc. Special Use Permit

    July 8, 2008

    Page 3 of 6

    specifying the damage which is being caused by Permittee’s operation. Within ten (10) days after such written notice, which shall be deemed to have been furnished at

    the time of mailing to Permittee at his address shown on this Permit, Permittee shall

    correct his operation to eliminate such damage and at his expense, repair the

    damage alleged to have been caused to the road. If Permittee denies responsibility

    for the damage alleged to have been caused by his operation, then and in that event,

    Permittee shall furnish written notice to the Board of County Commissioners of his

    denial of liability within the ten (10) day period provided for herein. Within twenty

    (20) days after receiving said written notice of denial of liability, the Board of

    County Commissioners shall hold a hearing and after hearing evidence regarding

    the alleged damage the responsibility of Permittee for such damage, make findings

    regarding Permittee’s liability or non-liability. If Permittee is found responsible for

    injury to the road, he shall so be advised in writing, as provided for above, and shall

    have ten (10) days in which to comply with the decision of the Board of County

    Commissioners. Failure to comply with these provisions by the Permittee shall

    automatically result in the termination of this Permit and Permittee shall

    immediately cease operation. This provision and the question of injury to Roads

    shall be reviewed one (1) year from the date of this Permit by the parties hereto.

L. Storage of Junk and Abandoned Property: Neither Permittee nor his licensees

    shall be allowed, under any circumstances, to use the permit area for purposes of

    storing junk materials, such as abandoned cars or trucks or other equipment which

    is not capable of operation or any other equipment or materials which are not used

    in the operation contemplated by this Permit within a period of six (6) months.

    Permittee is specifically prohibited from using the permit area as a storage yard for

    junked equipment or materials, but in no way is it intended that this prohibition

    shall interfere with Permittee’s stockpiling of materials necessary or used in the

    business operations. which have been extracted from the permit site. Materials which have not been extracted from the site may not be stockpiled on the permit

    area unless they are used for the purposes of reclamation within a period of six (6) months after being deposited on the site.

Q. Structure: Earthen tone colors and materials shall be used on the exterior of

    any structure built on the site, including but not limited to facades, roofs, doors and

    trim.

S. Parking: Permittee shall provide six (6) designated parking spaces for employees on

    the site.

Parking: Permittee shall continue to provide six (6) designated parking spaces for

    employees on the site.

    T. Limitation of Liability. The Board of County Commissioners by the issuance of this Permit assumes no responsibility for the operation of the site and Permittee hereby

    covenants and agrees to hold Grand County and the Town of Granby harmless for any

    injury or damage which may occur, of whatever type or nature, as the result of the

    operation contemplated by this Permit. Permittee warrants that he will obtain appropriate

    Grand Lake Log Homes, Inc. Special Use Permit

    July 8, 2008

    Page 4 of 6

liability and hazard insurance to compensate any individuals who may be injured or

    damaged in any manner by the conduct of this use. Permittee further warrants and agrees

    to compensate Grand County and/or the Town of Granby for any expense incurred in the

    defense of any lawsuit or other type of action which may be brought against said County

    or Town as a result of said Permittee’s operation of this use.

    Limitation of Liability. The Board of County Commissioners by the issuance of this Permit assumes no responsibility for the operation of the site and Permittee hereby

    covenants and agrees to hold Grand County and the Town of Granby harmless for

    any injury or damage which may occur, of whatever type or nature, as the result of

    the operation contemplated by this Permit. Permittee warrants that he will retain

    valid and appropriate liability and hazard insurance to compensate any individuals

    who may be injured or damaged in any manner by the conduct of this use.

    Permittee further warrants and agrees to compensate Grand County and/or the

    Town of Granby for any expense incurred in the defense of any lawsuit or other

    type of action which may be brought against said County or Town as a result of said

    Permittee’s operation of this use.

     The lettering sequence in the past permit under number 5 “Conditions of Permit” is incorrect and

    STAFF RECOMMENDATION: shall be corrected.

    Staff recommends approval of the Grand Lake Log Homes Special Use Permit Renewal with the

    following conditions to be revised on the Special Use Permit renewal:

    1. Conditions of the Permit shall be revised to read as follows:

    C. Drainage Plan: Permittee shall continue to implement improvements recommended by the engineered drainage plan to mitigate off-site impacts from this operation.

     G. Truck Traffic: Truck traffic to the permitted site is limited to a maximum of twenty (20) round trips (round trips defined as one ingress to the site and one egress from the site)

    per month. Trucks shall use the route designated by the Town of Granby, i.e., Grand

    County Road 608, Garnet Street and Fourth Street, as access to and from U. S. Highway

    40. Trucks shall strictly obey all posted speed limits.

    H. Road Damage: During the term of this Permit, if any damage or injury is caused to County Road 608, Garnet Avenue or Fourth Street, said roads being the public right-of-

    way over which materials will be transported to and from the Permit area, then and in that

    event, the County shall give written notice to the Permittee specifying the damage which

    is being caused by Permittee’s operation. Within ten (10) days after such written notice,

    which shall be deemed to have been furnished at the time of mailing to Permittee at his

    address shown on this Permit, Permittee shall correct his operation to eliminate such

    damage and at his expense, repair the damage alleged to have been caused to the road. If

    Permittee denies responsibility for the damage alleged to have been caused by his

    operation, then and in that event, Permittee shall furnish written notice to the Board of

    Grand Lake Log Homes, Inc. Special Use Permit

    July 8, 2008

    Page 5 of 6

County Commissioners of his denial of liability within the ten (10) day period provided

    for herein. Within twenty (20) days after receiving said written notice of denial of

    liability, the Board of County Commissioners shall hold a hearing and after hearing

    evidence regarding the alleged damage the responsibility of Permittee for such damage,

    make findings regarding Permittee’s liability or non-liability. If Permittee is found

    responsible for injury to the road, he shall so be advised in writing, as provided for above,

    and shall have ten (10) days in which to comply with the decision of the Board of County

    Commissioners. Failure to comply with these provisions by the Permittee shall

    automatically result in the termination of this Permit and Permittee shall immediately

    cease operation.

I. Storage of Junk and Abandoned Property: Neither Permittee nor his licensees shall be

    allowed, under any circumstances, to use the permit area for purposes of storing junk

    materials, such as abandoned cars or trucks or other equipment which is not capable of

    operation or any other equipment or materials which are not used in the operation

    contemplated by this Permit within a period of six (6) months. Permittee is specifically

    prohibited from using the permit area as a storage yard for junked equipment or materials,

    but in no way is it intended that this prohibition shall interfere with Permittee’s

    stockpiling of materials necessary or used in the business operations.

N. Structure: Earthen tone colors and materials shall be used on the exterior of any

    structure built on the site, including but not limited to facades, roofs, doors and trim.

P. Parking: Permittee shall continue to provide six (6) designated parking spaces for

    employees on the site.

    Q. Limitation of Liability. The Board of County Commissioners by the issuance of this Permit assumes no responsibility for the operation of the site and Permittee hereby

    covenants and agrees to hold Grand County and the Town of Granby harmless for any

    injury or damage which may occur, of whatever type or nature, as the result of the

    operation contemplated by this Permit. Permittee warrants that he will retain valid and

    appropriate liability and hazard insurance to compensate any individuals who may be

    injured or damaged in any manner by the conduct of this use. Permittee further warrants

    and agrees to compensate Grand County and/or the Town of Granby for any expense

    incurred in the defense of any lawsuit or other type of action which may be brought

    against said County or Town as a result of said Permittee’s operation of this use.

    2. This Special Use Permit shall be valid for a ten (10) year period, expiring on July 8, 2018.

    3. All other terms and conditions contained within Special Use Permit No. 2005-7-5 shall

    remain in full force and effect.

    Grand Lake Log Homes, Inc. Special Use Permit

    July 8, 2008

    Page 6 of 6

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