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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.08.2008BOCC 09/08/2008 DD Daniel and Mark Gardner Contractor's Yard SUP Project Information and Staff Comments REQUEST Special Use Permit to allow a Contractor's Yard in the ARRD Zone District Daniel and Mark Gardner 134 County Road 303, Parachute, CO 81635 WeII /ISDS Agricultural Residential Rural Density (ARRD) 2407- 213 -00 -052 APPLICANT / OWNER LOCATION WATER/SEWER EXISTING ZONING PARCEL NUMBER REQUEST The Applicant requests the Board of County Commissioners approve a Special Use Permit (SUP) allowing a "Contractor's Yard" on a 20 acre parcel zoned (Agricultural / Residential/ Rural Density (ARRD). Contractor's Yards are contemplated in this Zone district as a Special Use ( §3.02.03). The intent is to utilize an existing steel garage structure and the area immediately adjacent to it. The structure was built for use as a residential garage structure and used in the past decade to house and service agricultural machinery, materials and equipment, and for BOCC 09/08/2008 DD the minor repair of vehicles belonging to family. (Major repairs to over -sized or commercial vehicles are performed off -site at appropriate commercial facilities.) The structure is not heated and has a concrete floor. The property is accessed County Road 303 by a privately maintained, gravel - surfaced private driveway. Traffic generated by a standard residence is estimated at 10 vehicle trips per day, from an adjacent driveway. The excavation vehicles are currently stored off -site, but return occasionally; they are parked overnight in the area designated to be the contractor's yard. No formal traffic analysis was requested or provided with this submittal. Most of the vehicles that will utilize the facility are owned by residents of the parcel (Gardners.) There are no employees working on -site nor vehicle washing that would require sanitary facilities or the handling of waste water. Sanitary facilities are provided in the adjacent residence for the occasional need, or the owner's use. Generally the employees go to the site where the equipment is stored, park their personal vehicles, and drive out from there in the excavation equipment. II REFERRALS In the area proposed as the Contractor's Yard, other activities take place including welding and repair of the excavation blades and minor vehicle maintenance. There is a pile of metal stock, mostly scrap, from which the operator gathers stock to weld pieces onto blades, etc. The activity area is represented to be less than one acre; storage is to be limited to enclosures and an area to be surrounded by screening. Ongoing storage of vehicles may be required to be screened from view with adequate vegetation or fence. Grand Valley Fire Protection District: Comments Received from Rob Ferguson, Deputy Fire Chief, letter dated 8/22/08, are cited in (4) of Industrial Standards 5.03.08 Garfield County Road and Bridge Department: Comments from Jake Mall, Garfield County Road & Bridge Supervisor, is included as an exhibit to the application 2 BOCC 09/08/2008 DD 111 Review Standards The Applicant's request is consistent with the definition of a Contractor's Yard approved by the Board of County Commissioners. Contractor's Yard Definition: "The use of land for the purpose of storing machinery, equipment and supplies for an individual business that provides services to clients through the use of the machinery, equipment or supplies. Such use may include office and repair facilities." The application must satisfy the requirements set forth in Section 5.03, 5.03.07 and 5.03.08. G 5.03 Review Standards (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding There will be a minimum of water usage related to the trucks and equipment. Only minor maintenance is generally component replacement and occasional storage of the vehicle on -site. No vehicle washing on -site is proposed. The proposed Contractor's Yard operation will utilize an existing residence for any sanitary or office purposes, and has no other employees working on- site. (They may park on -site but drive the equipment to the jobsite elsewhere.) The existing well and ISDS are adequate for the use described. (2) Street Improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Staff referred this application to Garfield County Road and Bridge Department (Road and Bridge). Comments from Road & Bridge were included from the applicant as Exhibit E of the application. No additional traffic analysis was deemed necessary. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding Adjacent uses include residences, residences with accessory agricultural use, residences with personal vehicles for business use (pickup trucks), residences with commercial vehicles and vacant agricultural parcels. The operation of a Contractor's Yard on the subject property is consistent with the existing adjacent uses. 3 BOCC 09!08/2008 DD There is a minimum of outdoor lighting and no additional lighting is proposed as part of this permit. There is storage of tools and truck supplies inside the garage building. The other equipment on the property is agricultural and personal vehicles, not considered part of this operation. Screening from the west of the garage and north along the road is recommended. Screening could be in the form of an 8' fence or vegetation. A total enclosure of the metal stockpile is required, and that screening is recommended to be in the form of an 8' high solid -board fence.. Vegetative screening is recommended for the contractor's yard. If any of the fuel is used in business vehicles it is recommended that the fuel tanks be located on the contractor's yard site, and include a containment basin to prevent groundwater contamination. Section 5.03.07 Industrial Operation The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (1) Existing lawful use of water through depletion or pollution of surface run -off, stream flow or ground water; Staff Finding There is little or no run -off or water use associated with the vehicle repair and maintenance activity, as washing the vehicles is not permitted and there are no employees continually working on -site to require additional sanitary facilities. (2) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding Staff recommends periodic treatment of the gravel driveway to reduce dust emissions. The use shall be required to meet the noise standards so as to not compromise the residential character of the neighborhood. The residential / agricultural nature of the neighborhood and adjacent uses would allow for a daytime dbA of 55 (7 am to 7 pm) and 50 dbA at night (7 pm to 7 am). Noise level may exceed the Residential level of 55 daytime by no more than 10 db(A) not to exceed 15 minutes in any one -hour period. Noise generated by the proposed use will need to be demonstrated to be within the parameters for the existing residential neighborhood to comply with State Statute 25 -12 -103. (3) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; 4 BOCC 09/08/2008 AD Staff Finding Wildlife is more apt to utilize the open pasture area on the south end of the property because there is less human activity there, and water is available. The use is centered in and adjacent to the shop building, so there would be little disturbance to wildlife. Any native vegetation has long since been removed by agricultural operations of the ranch from which this tract was created. Staff recommends that the Applicant control noxious weeds and minimize disturbance, and the applicant seek advice from the Colorado State Extension Office on 'green screening' with vegetation, if it is to be used instead of the required fence. (4) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Finding While this permit is not being sought to attract additional vehicles to the site (the permit is requested to accommodate the occasional storage with no anticipated expansion of the present level of use), there is an effect from heavier vehicles traveling onto the public road from the gravel surfaced private drive. The apron should be surfaced to prevent dragging gravel onto CR 303. The proposed Contractor's Yard is located off County Road 303 on a 20' wide driveway apron. It is the opinion of the Road and Bridge Department that the proposed use will not impact county infrastructure, and has complied with regulations in the past. (5) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding While the Contractor's Yard area is not separated from the adjacent parcel boundary by a 300 - foot distance, it is separated from all residential structures by that required distance, with the exception of the Applicant's own residence. The operation of a Contractor's Yard is not expected to impact adjacent uses. Permits may be granted for those uses with provisions that provide adequate mitigation for the following: 1) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; 2) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; 3) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. 5 BOCC 09/08/2008 DO Staff Finding Because the use on -site is limited to minor maintenance, limited storage of components and equipment that is adequately screened and enclosed, and the use is proposed to be administrated by conditions set forth by the BOCC in the SUP, Staff feels that no additional security or permits are necessary. I §5.03.08 industrial Performance Standards (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; Staff Finding No sound assessment was performed at time of application. The use shall comply with the noise standards cited in Colorado Revised Statutes (CRS) 25 -12- 103 for the Residential zone. A decibel level is measured at 25 feet from a property line. The residential / agricultural nature of the neighborhood and adjacent uses would allow for a daytime dbA of 55 (7 am to 7 pm) and 50 dbA at night (7 pm to 7 am). Noise level may exceed the Residential level of 55 daytime by no more than 10 db(A) not to exceed 15 minutes in any one - hour period. Any noise generated shall not exceed the levels or time parameters of CRS 25- 12- 103.(2). (2) Emission of smoke and particulate matter: Every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations; Staff Finding Because the commercial vehicles are generally stored off -site, the number of trips generated by this operation is comparable to that of normal residential use. All vehicles accessing the site will be licensed and in compliance with County, State and Federal requirements. Comments from Garfield County Road & Bridge include the requirement that `Any vehicle exceeding Garfield County oversize/overweight limit shall have an oversize %overweight permit issued by Garfield County Road & Bridge Department' Staff has included a recommended condition of approval requiring compliance with all applicable air quality laws and regulations. (3) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; Staff Finding Because the commercial vehicles are generally stored off-site, there is limited generation of heat, glare, or radiation. Extended engine idling associated with `winter warm -up' is, in fact, dissuaded by diesel engine manufacturers, with an in -tank electric heater preferred to warm the engine 6 BOCC 09/08/2008 DD fluids. Staff recommends that engine idling be kept at a minimum of 3 minutes to reduce fumes that could be considered a nuisance. Activities such as welding or vehicle repair generate noise, fumes, glare and heat. These activities shall be adequately screened, during hours and in such length that is compatible with the residential character of the neighborhood, and meets the noise requirements of CRS 25 -12 -103. (4) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations /comments from the appropriate local protection district regarding compliance with the appropriate codes; Staff Finding Staff referred this application to Grand Valley Fire Protection District for comment. Subject: Gardner, Daniel & Mark After Reviewing the Special Permit Application and reviewing the previous letter sent to Garfield County dated January 23, 2008 for Daniel & Mark Gardner the Fire District doesn't have any objections to granting the Special Use Permit. If you have any questions regarding this review, I can be reached at the above listed phone number. Name of review agency: Grand Valley Fire Protection District By: Rob Ferguson Date August 22, 2008 There is storage of flammable or explosive items in this operation; however it is in levels well below the threshold where Federal permitting is required. Staff recommends the applicant be required to have a fire suppression plan and safety equipment available on -site, and work with the fire protection provider to identify chemicals and flammables to ensure the safety to the fire fighting responders. All storage of flammable or explosive solids or gases, however, shall comply with all applicable laws at the national, state and local levels. Staff recommends requiring the Applicant to utilize the Best Management Practices regarding the storage of this material identified in a Hazardous Materials Spill Containment and Management Plan to be created by the Applicant as part of the conditions of this permit. MSDS (Material Safety Data Sheets) lists that detail each chemical's safe handling, fire suppression methods and recommended disposal should be included in the plan. The records should be stored away from the area where the chemicals are stored. b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; Staff Finding The subject property is visible when traveling on County Road 303. There are few residences on 7 BOCC 09/08/2008 DD adjacent properties, but limited screening may be required. It is particularly important to screen the metal scrap pile, as it is storage of materials that requires the project to meet the industrial standards. The required solid -board fencing enclosure no less than 8' in height will adequately screen vehicles and materials from view. Staff recommends the applicant also consider how the operation might be screened with a green (vegetative) hedge. c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; Staff Finding Staff recommends requiring the Applicant to utilize the Best Management Practices identified in a Hazardous Materials Spill Containment and Management Plan (to be created and submitted by the Applicant) such as storing waste in sealed and labeled containers and promptly cleaning spills. Storage of material that may be transferred off -site shall be conducted indoors. d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: Staff Finding Heavy equipment is generally defined as large and powerful equipment forjobsites, namely earth - moving equipment such as graders, dump trucks, loaders, haulers and trailers. There is occasional heavy equipment storage overnight, but mostly of personal vehicles (pickup trucks). (1) The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The Subject parcel meet the required acreage size for 'Heavy Equipment' as it is 20 acres. The property is not located in a platted subdivision. (2) The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Staff Finding Staff conducted a site visit to the subject property. There are no residential structures closer than 300 feet to the proposed contractor's yard area with the exception of the applicant's own house. (3) All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. Staff Finding This standard pertains to storage of heavy equipment. Vegetative screen to block the site is recommended. Staff recommends solid -board screening of the metal stockpile. A solid -board 8' fence to visually screen whatever components of this use the Board finds the need to screen, and that will be constructed within 3 months of permit. (4) Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be 8 BOCC 09108/2008 DD conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. Staff Finding Staff has included this requirement as a condition of approval. (5) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right -of -way. Staff Finding Staff has included this requirement as a condition of approval I. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Staff Finding The proposed use is in compliance with this standard. f) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Staff Finding Staff has included this requirement as a condition of approval. (5) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Finding All Regulations of the Environmental Protection Agency and all other applicable Federal, State and Local regulations shall be complied with at all times. The Applicant is not asking for water use as part of this operation. 11 SUGGESTED FINDINGS 1.) That proper public notice was provided as required for the hearing before the Board of County Commissioners; 2.) That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting; 3.) The Application is in conformance with §3.02.03, §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended, with the exception of 5,03.07 (5) that calls for the Contractor's Yard to be separated from existing residences by 300 feet; 4.) That for the above stated and other reason, the proposed Special Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County; 9 BOCC 09/08/2008 DO VI STAFF RECOMMENDATION Staff recommends approval of the proposed Special Use Permit allowing a "Contractor's Yard" with the following conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Volume and sound generated shall comply with the standards set forth for residential neighborhoods in the Colorado Revised State Statute 25 -12 -103, and any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building, or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 3. The Applicant shall comply with all performance standards identified in §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended, with the exception of 5.03.07 (5) calling for Contractor's Yards to be separated from existing residences by 300 feet, whereby that of the owner /applicant's residence shall be excepted from this requirement. 4. The metal stockpile and parking area shall be adequately screened; the stockpile with a solid -board 8' fence to be completed within 90 days of permit, which shall comply with Garfield County requirements including standards as to setbacks, height and sight distance, and the parking area shall be screened with fence or vegetation. 5. No materials and wastes shall be deposited upon the property in such way that they may be transferred off the property by any reasonably foreseeable natural causes or force. 6. The Applicant shall prepare and submit a Hazardous Materials Spill Containment and Management Plan that utilizes Best Management Practices. 7. Storage of flammable material shall be conducted so as to meet all applicable regulations utilizing the practices identified in the Hazardous Materials Spill Containment and Management Plan and meet all local, County, State and Federal regulations and comply with CRS 30 -20 -105. 8. The applicant shall have safety equipment in place, develop and implement a plan developed with the fire protection service provider to safeguard persons on or near the property. These measures shalt include the safety to animals and wildlife. The plan shall be reviewed to the satisfaction of the fire protection service provider prior to the issuance of the Special Use Permit. 9. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway at an acceptable level, no Tess than once a year. BOCC Exhibits (9/8/2008) (SUP - Gardner Contractor's Yard) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Report E Application F Letter via email from Rob Ferguson, Grand Valley Fire Protection District, dated August 22, 2008 G