Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 02.20.2007BOCC 2/20/07 CR PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW SUMMARY OF REQUEST APPLICANT/PROPERTY OWNER LOCATION SITE INFORMATION WATER SEWER ACCESS EXISTING ZONING ADJACENT ZONING Special Use Permit (SUP) SUP for Processing, Storage and Material Handling of Natural Resources 3P Properties LLC & Pine's Stone Company Inc. 0600 County Road 113, Carbondale; approximately 0.6 miles east of the intersection of Highway 82 and CR 113. 4.00 acres Shared Well Individual Sewage Disposal System Existing driveway off of County Road 113 ARRD (Agricultural / Residential / Rural Density) ARRD, OS, and Commercial Limited (CL) Pine's Stone Special Use Permit BOCC —2/20/07 Page 2 I. BACKGROUND A. Use Requested: Processing, Storage and Material Handling of Natural Resources The requested use (Processing, Storage and Material Handling of Natural Resources) within the ARRD Zone District requires that the Applicant obtain a Special Use Permit approved by the BOCC. (3.02.02) Pine's Stone Company Inc. (Pine's Stone) received approval of a Special Use Permit in 1992 for this site. However, due to increases of their operation at the subject property and current violations of the conditions of approval, they have submitted a new application in order to redefine the allowable uses on this site. B. Description of Existing Use The Applicant currently operates Pine's Stone under Resolution #92-078, approved by the BOCC on August 10, 1992. This approved Special use Permit allows for the following 1) All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2) That limited processing (cutting and shaping) of materials on the site will be limited to daylight hours. 3) All delivery and stacking shall occur Monday through Friday during daylight hours. Delivery of material on the site during weekends will be limited to minimize the impact of the use on adjacent residential uses. 4) All non -licensed or inoperable vehicles and assorted equipment will be removed from the site. 5) The applicant will construct a berm on the south side of the property, and will plant landscape screening along the property's frontage with Cattle Creek Road (CR 113) 6) Regular business hours are limited to 8:00 a.m. to 5:30p.m. Monday through Friday and a half day on Saturday. 7) Vehicle use to the property would be 0-10 trips per day. * 8) Wholesale sales are allowed. *As determined in Pine's Stone Company, Inc. Vs. Board of Adjustment of Garfield County, Colorado, and Mark Bean, Director of Garfield County Building and Planning. The Court upheld that the Applicant had represented that vehicle use to the subject property would be 0 to 10 vehicle trips per day. District Judge T. Peter Craven's Judgment, dated March 14, 2006, found that Mark Bean's interpretation of "vehicles" to include all types of trucks was correct. Pine's Stone Special Use Permit BOCC —2/20/07 Page 3 C. Description of Proposed Use The purpose of this Special Use Permit application is to add uses, structures and redefine the conditions of approval that are defined in Resolution #92-078. The Applicant is requesting that the following uses be permitted under the new SUP. 1) Processing, storage and material handling of natural resources 2) Use of site for an office, processing facilities, repair and maintenance of vehicles, and equipment associated with the business operation 3) Parking for wholesale customers, employees, and vehicles used in the operation of Pine's Stone 4) Wholesale sales of materials from the site 5) A maximum number of 100 daily vehicle roundtrips on weekdays to and from the site for all vehicles 6) A maximum number of 20 daily vehicle roundtrips on weekends to and from the site for all vehicles 7) Hours of operation between 6:30 a.m. and 7:00 p.m. on weekdays and limited use on weekends. Hours of indoor operations that do not involve outside activity would not be limited by this restriction 8) Operations would be permitted in more than one building on the site. Additional buildings would be subject to building permit review and would be contained within the building envelope designated on the site plan. 9) The existing building on the property can be expanded, repaired or rebuilt in conformance with applicable building codes and zoning standards of Garfield County D. Site Description The subject property is a 4.0 acre parcel located on the south side of County Road 113 approximately 0.6 miles up County Road 113 from its intersection with State Highway 82 between Carbondale and Glenwood Springs. The property consists of a single building that houses the office and a work area containing two Architectural Stone Fabrication saws. Stone is stored onsite in designated areas around the property. Ingress and egress of the subject property is from a permitted driveway off of County Road 113. A small parking area has been designated at the entrance of the property. II. REFERRAL COMMENTS The proposal was reviewed by the following referral agencies and corresponding responses are integrated through the memorandum where appropriate: A. Garfield County Road and Bridge Department: Indicated no issues with the proposal (Exhibit F) B. Town of Carbondale: No comments received Pine's Stone Special Use Permit BOCC — 2/20/07 Page 4 C. City of Glenwood Springs: No comments received D. Carbondale Fire Protection District: No comments received E. Colorado Department of Transportation: (Exhibit H) F. Engineering, Chris Hale P.E., conducted on behalf of Garfield County: (Exhibit G) III. STAFF COMMENTS / DISCUSSION The subject property is located within the ARRD Zone District. Residential uses are still present on surrounding properties. The Applicant is requesting an increase in a number of uses currently permitted on this site. According to Page 11of the application, outdoor operation hours are between 6:30 a.m. to 7:00 p.m. Monday through Friday with limited use on weekends. This exceeds the condition of approval found in Resolution #92-078 which allows for the operating hours of 8:00 a.m. to 5:30 p.m. Monday through Friday and a half day on Saturday. With the existence of residential uses in close vicinity of the subject property, Staff finds that the existing permitted operating hours of 8:00 a.m. to 5:30 p.m. should remain in effect for outdoor operations. The defined weekend operation hours are vague. Staff suggests setting the weekend operating hours at 8:00 a.m. to 1:00 p.m., Saturday. Staff finds that unrestricted administrative activity would not be disruptive to the surrounding properties. There are two other Special Use Permits that have been issued near the subject property. Capital Construction located adjacent to the subject property is limited to the operating hours of 6:30 a.m. to 5:00 p.m., Monday through Friday only (Resolution 2003-54). Another SUP in the immediate area was issue to Scott Fenske, on January 17, 2005, with a condition of approval limiting the operating hours to 6:30 a.m. to 5:30 p.m., Monday through Friday. The Applicant's request for a 12.5 hour operating day on weekdays and limited use on weekends is not appropriate for this Zone District and could potentially impact the surrounding area. Staff recommends the Board approve the outdoor operating hours proposed by staff to help reduce the impacts this use will on have on adjacent properties and other residents of the area. During a site visit, the use of two indoor Architectural Stone Fabrication saws were demonstrated to show the level of noise generated by the use of these instruments. Staff agrees that the sound generated by the two indoor saws is minimal and that unlimited unmanned operating hours of the saws would not be detrimental to the existing residential uses surrounding the subject property. Allowing manned operation would create the possibility of outdoor activity. Onsite delivery is currently limited to daylight hours and limited deliveries during the weekends. Staff recommends that all deliveries be conducted during outdoor operating hours from Monday through Saturday. The Applicant has requested the approval of a building envelope located on the eastern most point of the subject property. Staff agrees that the placement of a structure could be a beneficial sound Pine's Stone Special Use Permit BOCC — 2/20/07 Page 5 barrier, but it could also alter the results of the sound assessment study conducted by Hankard Environmental if equipment is utilized within the structure. Permitting an additional building, not knowing what type of activities may be conducted in close proximity to the property boundary line is questionable. Staff recommends that any building constructed within the proposed building envelope be limited to administrative operations. The Applicant has also requested that the existing building be allowed to be expanded, repaired or rebuilt in conformance with applicable building codes and zoning standards. Allowing the existing building to be expanded creates the possibility that more equipment could be used in association with the permitted use. Again, adding more equipment could possibly generate additional noise not addressed in the submitted sound assessment study. Staff recommends that the Board consider a condition restricting this special use permit to the equipment present when the sound assessment data was collected (two indoor saws, one outdoor saw maximum of four forklifts). Carbondale & Rural Fire Protection District provided comments concerning fire protection. The District stated any additional building onsite would need to be evaluated to insure adequate fire protection water supplies are available. A transportation study prepared by Kimley-Horn and Associates, Inc., was submitted as part of the application packet. The intersections of SH -82 with CR -113 and CR -113 with the Frontage Road intersections were all included in this study. The result of the study demonstrates that the proposed increase in allowable daily trips is less than the 20 percent increase that would require a CDOT Access Permit. Pine's Stone currently generates a total of 59 round trips (total trips of all vehicles) per day. The requested increase would allow for an increase of 41 additional round trips (all vehicles) a day. Twenty round trips are requested for weekend operations. The current 59 roundtrips generated by this use, also exceeds a condition of approval identified in Resolution # 92-078. As cited earlier in this memo, Mark Bean's interpretation of this condition was upheld by District Judge T. Peter Craven. FINE'S STONE CCRPFANY VICINITY MAP The transportation study cites the proposed increase in total trips generated from this use will not result in a change in the current Level of Service. The impact study states that no improvements are necessary to the documented intersections as a result of the increase of trips to and from Pine's Pine's Stone Special Use Permit BOCC — 2/20/07 Page 6 Stone. As requested by Garfield County Road and Bridge, the Applicant is responsible for placing and maintaining a stop sign meeting the guidelines set forth in the Manual on Uniform Traffic Control Devises at the exit of the subject property entering County Road 113. Staff finds that the traffic impact study prepared by Kimley-Horn and Associates, Inc. of Denver Colorado represents that the proposed traffic increase will not require improvements to the evaluated intersections. Table] - an Company firalflr Generalian'Single Vehicle Trips) Watldap Alf NA /kret 14edolay pia fttaw W IA Os 1 Total In 1 Trial f*stag Tape MAmn-na1 ?ma 7eae7Tepa { 3 7 7 2 X 4 IV. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following standards: I. 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 Response Domestic and irrigation water is presently provided to the property by a shared well. The Applicant has requested possible alterations that could result in a change of use. The Applicant will need to demonstrate the ability to legally provide water to any additional building constructed on the subject property. Wastewater is accommodated by an existing ISDS. The current operations of the indoor saws utilize the ISDS for treatment of wastewater generated from their use. The Applicant has not demonstrated that the ISDS is adequate for the current use or proposed expansion. Staff cannot make a determination of adequacy regarding the ISDS at this time. 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 Response As mentioned above, the property is located on CR 113 approximately .06 miles up from the intersection with Highway 82. The Applicants request will allow for the generation of 100 daily Pine's Stone Special Use Permit BOCC —2/20/07 Page 7 round trips Monday through Friday and 20 daily round trips on weekends for all vehicles associated with this use. The access to the property is a paved driveway from the county road. Staff referred the application to the County Road and Bridge Department which stated that the Department has no objections to this request and provided the following comments. a) After conferring with the District 1 Foreman, Bobby Branham it was agreed that the current access meets the need for the expansion. b) The traffic study is acceptable as well as the noise level study. c) It will be the responsibility of the owner of the property or business to maintain a stop sign in good visible condition and meeting the guidelines set forth in the MUTCD (Manual on Uniform Traffic Control Devises) for size and location at the entrance to CR. 113 (Cattle Creek Road). The traffic impact study commissioned by the Applicant represents that the current improvements are adequate for the proposed increase in permitted daily vehicle trips. 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 Response The proposed use already exists and operates on the property. The Applicant has attempted to reduce the visual impacts of the operation by planting evergreen trees along the property line adjacent to the County Road 113 right-of-way. Trees were also planted along the east and south property lines. The subject property sits at a lower elevation in relation to County Road 113 and remains visible from the ROW. Lighting on the property consists of four exterior light fixtures that are downcast. Staff recommends that the Applicant install motion sensor security lights as mentioned in the application. Section 5.03.07 /lndustrial Operations/ Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations (which specifically includes "Processing, Storage and Material Handling of Natural Resources") requires the submittal of an impact statement on the proposed use describing its location, scope, design and Pine's Stone Special Use Permit BOCC — 2/20/07 Page 8 construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, streamflow or ground water. Staff Response: The Applicant states that the proposed use will not involve the use of chemicals or materials that could potentially pollute surface or groundwater sources. The application does not address surface run-off. Staff would like the Applicant to address the issue of drainage, specifically how surface run-off is managed on the site. The storage and processing of stone creates the possibility of a point source pollution that could be transferred to Cattle Creek or the adjacent properties. Staff finds that the Applicant has not demonstrated that this standard has been met. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Response: The operation currently utilizes three saws used for cutting stone onsite. Two are located indoors and impacts are mitigated by the existing building. Noise generated by the operation of the saws indoors, did not generate high levels of noise or perceivable vibrations while Staff was present on the property. There is a large saw located outside of the building. This saw was not operated during the site visit. There is a possibility of undocumented impacts not accounted for in the submitted sound assessment. A sound assessment analysis submitted demonstrated that the operation is in compliance with the Colorado State Noise Stature. The Applicant has attempted to minimize the amount of noise generated on the site by installing backup warning devices on the forklifts designed to reduce noise generated by the safety device. Forklifts on site that were not assembled with sufficient mufflers were retro -fitted with a muffler system to further help mitigate noise generated from their use. Pine's Stone Special Use Permit BOCC — 2/20/07 Page 9 This report does not cite the use of the saw located outside on the property while the sound assessment was conducted. A telephone conversation with Jeff Cerjan, Senior Engineer for Hankard Environmental, confirmed that the saw was not in operation during the analysis. Since the data used to determine compliance did not include measurements for the use of this saw, the study is inadequate. Also documented in the study is the sound level measured from the use of one of the indoor saws. (Approximately 60 dBa., pg. 40) Documented use of a substantial piece of equipment such as the outdoor stone cutting saw should be included in this impact study. The study should include an analysis of all equipment associated with this use. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Staff Response: The requested use is an existing operation. There were no hazardous attractions present at the time of the site visit conducted by Staff. The site is not fully fenced allowing wildlife to move through the site. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Staff Response: Relying on the evidence provided in the traffic analysis conducted by Kimley- Horn, the Applicant believes that the existing improvements are adequate for the proposed increase in daily vehicle trips. Garfield County Road and Bridge has reviewed the application and supporting materials and agrees that the current access is adequate. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response: The subject property is adjacent to two residential uses and County Road 113 separates the property from a third. The closest residential use is approximately 130 feet away and is located across County Road 113 as demonstrated by the Applicant. Pine's Stone is an existing permitted operation. The distances separating this use from abutting property is not altered. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Response: Staff finds that the application is deficient in the following areas. The Applicant has not demonstrated how surface run-off will be managed onsite. Chris Hale P.E. of Holy Cross Engineering, acting on behalf of Garfield County reviewed the application. (Exhibit G) Chris commented on the absence of drainage plan addressing the issue of potential run-off Pine's Stone Special Use Permit BOCC —2/20/07 Page 10 pollution. Surface run-off from the activities conducted onsite will impact adjacent properties and Cattle Creek if not managed properly. Staff recommends that the Board require the Applicant to submit a drainage plan demonstrating how surface run-off will be managed onsite. The sound assessment study does not include all equipment utilized in the operation of this. The measurements used to determine compliance does represent data collected from all sources of noise generated onsite. Staff recommends that the Board require the Applicant to demonstrate that the equipment onsite including, two indoor Architectural Stone Fabrication saws, the outdoor stone cutting saw, forklifts, and flatbed delivery trucks can be operated in compliance with the Colorado Noise Statute. The Applicant has not demonstrated that the exiting ISDS is adequate for the operation. During a site visit, the Applicant commented that the visible wastewater generated by the use of the two indoor saws is managed by the ISDS. Also a concern is the ability to legally provide water for the proposed increases. Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response: The Applicant provided a plan for site rehabilitation stating all remaining stone products and truck scales will be removed from the property if it is no longer utilized for the current and proposed use. Weed management onsite will be the responsibility of the Applicant. Staff finds that this requirement has been met. (B) 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; Response: The Applicant shall comply with this provision if deemed necessary by the Board of County Commissioners. (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) Pine's Stone Special Use Permit BOCC —2/20/07 Page 11 Response: Staff has recommends that the Board consider the Industrial Performance Standards identified in Section 5.03.08 as conditions of approval. Section 5.03.08 1fIndustrial Performance Standard): Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations (which specifically includes the act of "Processing, Storage and Material Handling of Natural Resources") in the County shall comply with applicable County, State, and Federal regulations regulating water, 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: (I) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (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. (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. (4) 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. (5) 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 localflre codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (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; Pine's Stone Special Use Permit BOCC — 2/20/07 Page 12 (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; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 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. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97 -I12) (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 (A97-112) (6) 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. Section 9.03.05 (Periodic Review of SUP( Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Pine's Stone Special Use Permit BOCC — 2/20/07 Page 13 Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every six months. Should the Board feel that periodic review is required; the Board shall indicate that such a review is required and shall establish the time periods at the time of issuance of this SUP. V. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 2.02.31(4), 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978. VI. STAFF RECOMMENDATION Staff finds that the submitted application does not completely address all the requirements of Section 5.03.07 of the Garfield County Zoning Resolution. Due to the questions concerning the sound assessment study, the absence of a drainage plan, and the ability of the ISDS to accommodate the current uses, Staff cannot recommend approval at this time. Should the Board move to approve this application Staff recommends the following conditions of approval. 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless altered by the Board; 2. Business hours of outdoor operation: 8:00 a.m. to 5:30 p.m., Monday thru Friday and 8:00 a.m. to 1:00 p.m. on Saturday; Pine's Stone Special Use Permit BOCC —2/20/07 Page 14 3. Unlimited operation hours shall only apply to administrative activities conducted indoors and unmanned operation of the existing two indoor Architectural Stone Fabrication saws. Manned operation of the two indoor saws will be restricted to hours of outdoor operation; 4. A maximum number of 100 daily round trips, Monday through Friday and 20 daily round trips on Saturday, shall be allowed and apply to all vehicles associated with this use including employees, wholesale customers, stone delivery and all other operation activities; 5. No retail sales shall be permitted; 6. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended; 7. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality; 8. Groundwater resources shall be protected at all times. In the event of potential violations with respect to water pollution, the Applicant shall provide proof of compliance with applicable Federal, State and County laws, regulations and standards; 9. Waste that is created shall be housed within a bear -proof garbage receptacle and disposed of accordingly; 10. All deliveries shall be conducted during outdoor operating hours Monday through Saturday; 11. The Applicant shall comply with the Industrial Performance Standards identified in Section 5.03.08 of the Garfield County Zoning Resolution; 12. All lighting shall be directed inward and downward towards the interior of the property; 13. This Special Use Permit is only valid for the use of equipment present when the data was collected for the sound assessment study conducted by 1 -Tankard Environmental; • Two indoor Architectural Stone Fabrication saws • One existing outdoor saw • Four forklifts • Flatbed delivery trucks 14. The proposed building envelope may only be utilized for housing administrative operations; 15. The existing building shall not be expanded to accommodate an increase of equipment not Pine's Stone Special Use Permit BOCC — 2/20/07 Page 15 represented in the application; 16. The Subject property shall comply with the dimensional requirements defined in Section 3.02 of the Garfield County Zoning Resolution. 17. The Applicant shall place and maintain a stop sign at the exit of the property. 18. The Applicant shall provide proof that the ISDS is adequate for the existing and any proposed uses allowed by this resolution, certified by a Registered P.E; 19. The Applicant shall provide Garfield County with a drainage plan demonstrating the ability to manage surface run-off from the property so that it does not adversely affect Cattle Creek or adjacent properties, the plan must be certified by a Registered P.E.; 20. The Applicant shall provide Garfield County with a Sound Analysis that demonstrates the impacts of all equipment utilized onsite. 21. Only equipment used in the operation of this use and represented in the application shall be stored onsite; 22. All repairs to equipment shall take place during the designated outdoor operating hours; 23. Storage of flammable fluids will comply with all regulations of the Carbondale Fire Protection District; 24. Prior to the issuance of any new building permits the Applicant shall provide written approval of the Carbondale & Rural Fire Protection District's ability to provide fire protection for the proposed use. 25. This Special Use Permit shall not be issued until all conditions of approval have been met. 26. Any violations of the terms, interpretations or agreements made or represented to Garfield County by the Applicant pertaining to or included in this special use permit, shall be considered a breach of the terms of conditions, further the Applicant shall cease and desist all activities resulting in a revocation of the special use permit, until the issue is remedied.