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HomeMy WebLinkAbout3.1 Conditions of ApprovalPROPOSED LIST OF CONDITIONS 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 Summer Hours: 6:30 a.m. to 7:00 p.m. Monday thru Friday (April — October) 7:00 a.m. to 1:00 p.m. Saturday Winter I-Iours: 7:00 a.m. to 5:30 p.m. Monday thru Friday (November — March) 8:00 a.m. to 1:00 p.m. Saturday [Rational: The proposed hours of operation constitute an average decrease in the outdoor operation times permitted under the existing SUP. The existing SUP allows for outdoor operations year -around during daylight hours. In the Summer months, this can be as early 5:40 a.m. and as late as 8:40 p.m. Thus, the Summer hours of operation constitute a decrease by over one hour in both the morning and evening from the existing SUP. Similarly, during the Winter months, the existing SUP allows Pine's Stone to start operations before 7:00 a.m. and end as late as 7:00 p.m. The proposed hours of operation reflect Pine's Stone's current operations. During the Summer construction months longer hours are needed to meet production demands. During the Winter months shorter outdoor operation hours are appropriate.] 3. In compliance with Condition No. 7, 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; [Rational: As a condition of approval, Pine's Stone is required to comply with the State Noise Statute. This is true whether Pine's Stone uses the existing two indoor saws, or, for example, replaces those saws with 4 smaller indoor saws. Pine's Stone needs the operational flexibility to upgrade its saws as technology and the market dictate. Changes in equipment should not necessitate a new SUP from the County] 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. Food waste that is created shall be housed within a bear -proof garbage receptacle and disposed of accordingly; [Rational: Certain waste by-products of stone processing (such as waste rock or used pallets) do not attract wildlife and can be safely stored in non -bear -proof containers.] 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; - Two indoor Architectural Stone Fabrication saws - One existing outdoor saw - Four forklifts - Flatbed delivery trucks All operations and equipment on the property, current and future, shall comply with Condition Nos. 4, 7, and 11 of this SUP. [Rational: The purpose of the Hankard Environmental sound study was not to lock in the use of existing equipment at Pine's Stone. Rather, the purpose of the study was to respond to certain neighbor concerns about sound levels and to assess Pine's Stone's compliance with the State Noise Statute. Pine's Stone needs the flexibility to make business decisions about adding or updating equipment. Because Garfield County lacks a SUP amendment process, the proposed staff Condition would require a new SUP each time Pine's Stone replaced an older (and likely louder) piece of equipment. The County surely does not want the administrative burden of having a public hearing every time Pine's Stone updates its equipment. Under the proposed condition, Pine's Stone is required to comply with the State Noise Statute, regardless of the equipment on the property.] 14. The proposed building envelope may only be utilized for housing administrative operations used in conjunction with the specific uses permitted in this SUP or the uses by right in the A/A/R/D zone district; [Rational: any structure built in the building envelope must be permitted either by the SUP or the uses by right in the zone text. Pine's Stone may decide that it does not need additional administrative space, but does need a garage for equipment or a pole barn to store supplies. Both uses are permitted and both structures would have the benefit of further shielding neighboring properties from sound impacts.] 15. icpresentcd in the application; [Rational: as discussed, Pine's Stone needs the flexibility to update equipment, modify operations, and add production facilities without seeking a new SUP from the County. Any changes in operation must comply with the Conditions in the SUP which include specific limits on impacts such as traffic, noise, lighting, and hours of operation. Compliance with these Conditions will have the effect of limiting future uses of the property consistent with the approved SUP uses.] 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. At the time that a new wastewater generating use is added to the property, the Applicant shall provide proof to County staff that the ISDS is adequate for the existing and any proposed uses allowed by this resolution, certified by a Registered P.E; [Rational: Pine's Stone has a permit for the existing ISDS on the property. There is no evidence that the existing ISDS is insufficient for the existing operations. If a new wastewater producing use is added to the property, Pine's Stone will obtain a review by a registered P.E. to be approved by County Staff.] 19. Within 120 days of approval of this SUP, the Applicant shall provide for approval by Garfield County staff 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.; a Sound Analysis that -demonstrates the impacts of [As discussed, Pine's Stone is required by the SUP to ensure that its operations and equipment, current and future, comply with the State Noise Statute.] 21. onsite; [As discussed, Pine's Stone is required by the SUP to ensure that its operations and equipment, current and future, comply with the Conditions in the SUP.] 22. All outdoor 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 the drainage plan Condition is fulfilled. all 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 thc-spccial use permit, until the issue is remedied.