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HomeMy WebLinkAbout2.0 PC Staff Report 05.14.1997PROJECT INFORMATION AND STAFF COMMENTS PC 5/14t97 Special Use Permit for Storage and Commercial Park Joe and Geraldine Rae Jammaron, Mark Gould A parcel of land located in a portion of Section 35, T65, R89W of the 6th P.M.; more practically described as a parcel located approximateiy 3 miles south of Glenwood Springs off of CR 154. The tract is approximale|y 103.23 acres in size. Hauled water Porta-potfy County Road 154 Afi, REQUEST: APPLICANTS: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: I. II. RELATIONSI{IP TQ THE COMPREHENSI\TE PLAN The subject properly is located in the Medium Density Residential (6-9 du/ac)District on the Cattle Creek Proposed Land Use Districts Map, Study Area I, of the 1995 Comprehensive Plan. DESCRIPTION OF TIIE PROPOSAL Site Description: The site, known as the Jamaron Gravel Pit, has been reclaimed from a gravel pit for a number of years. The mined area has been regraded and revegetated. with the exception of portions of the property near the river bottom. Project Description: The applicants are requesting the issuance of a speciai use permit to allow for the storage of construction related vehicles in a2.446 acre ponion A. DL), l1D m. of the old pit area. It is estimated that there will be between 20- 100 vehicles per day, depending upon the construction volume. It is also proposed to install a 8' x 26' pre- manufactured office and a 10,000 gallon diesel fuel tank. Drinking water will be hauled onto the site and portable toilets will be used for sewage treatment. Working hours have been identified as 6 to 6, Monday thru Friday. The operation will use the same road access as the previous use, which was an asphalt batch plant operation. History: The area proposed for the storage of the equipment was previously used for an asphalt batch plant processing operation that operated as a nonconforming use for a number of years. The same batch piant is operating in a gravel pit fuither south off of County Road 109. MAJOR ISST'ES AND CONCERNS 1. Zoning The requested land use is proposed to be added to the existing uses operating as nonconforming uses. The zoning resolution does have a provision for replacing a nonconforming use with a similar nonconforming use. The nonconforming use that exited previously was the processing of natural resources, the proposed use is for the storage of equipment. The requested permit has to be considered new'permit to be allowed . Since there are other uses on the property that are nonconforming uses, this use is not the principal use. A nonconrmercial lot is restricted to a single principal use, unless it can be approved as a commercial park. which is defined as foilows: Commercial Park: A structut'e or a groltp of structures whose use shall be limited by special use permit to specified uses involving sales or services and otheru,ise permitted by right, conditional use or special use within the zone district in which the structure or groltp of structures is to be located. Based on the above definition, staff recommends that any approval of this use be based on a commercial park with the proposed storage beins one use and the nonconforming office and associated uses consistent with correJpondence with the Cor.rnty Planning Departmen t in 1994. (See letters pgr ?* I ) it shouid be noted that the Special Use permit approval is based on the representations of use made in the application and that any releasing of the properry to another party will be subject to the same conditions of approval. Any modification of the uses permitted will be subject to the applicable process at that time. 'aoA. 2.Comprehensive Plan: The following statements are from the Garfield County Comprehensive Plan Urban Area of Influence Policies, Comprehensive PIan Goals, Objectives and Policies applicable to this application: L "Encourage the location of industrial development in areas where visual, noise, air quality and infrastructure impacts are reduced." 2. "The project review process will include the identification and mitigation of transportation impacts related to commercial and industrial development." Staff notes that the designation on the Comprehensive Plan is for Medium Density Residential, but that the majority of the uses in the nearby vicinity are light industrial uses. Consistent with the above noted statements, this may be an area that the Planning Commission cor.rld consider amending the Comprehensive Plan designation, if the access issues discussed later can be resolved. The location is not visible to most residents of this proposed use and there are a number of similar uses that are either nonconforming or permitted by special use in the immediate vicinity. Regulations Pertaining to Industrial Operations. Section 5.03.07 (attached) includes a description of an impact statement required as part of the SLP submittal. These Regulations require that the applicant provide the foilowing information: "..lts location, scope, design and constrttction schedtle, including an explanation of its operational characteristics. " This information, consistent with Section 5.03.07, was submitted wilh the application and is included with the Staff Report. (See Appiicarion pgt.? - l? s Furthermore, Section 5.03.07 establishes requirements for industrial operations. Each of these requirements are presented below, followed by a discussion regarding the conformange of the SIIP these requirements. Section 5.03.07 requires that the impact statement shall show that the use shall be designed and operated in compliance with ali applicable laws and regulations of the Countv, State and Federal Govemments, and will not have a significant adverse effect upon: A.) Existing lawful use of water through depletion or pollution of surface runoff, stream flow or ground waterl No depletion of existing ground water is proposed, since all domestic water will be hauled on site. It is proposed to keep the diesel fuel site in a concrete box for containment of spiils. There is no plan proposed for the containment of runoff from the site to prevent hydrocarbons from leaving the site. This 1 e3' B.) c.) D.) needs to be addressed before the permit is issued by the submittal of a drainage plan showing how the runoff will be contained on site. Impacts on adjacent land through the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; The adjacent land is being used for light industrial uses, similar to the proposed use. The residential uses across the river should not be affected give the difference in elevation and the Roaring Fork river between the houses. Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration and existing native vegetation, blockade of migration routes, use patterns or other disruptions; The site was an operational gravel pit, and the proposed use will not result in any additional land or vegetation disturbance beyond which is currently in place Affirmatively show the impacts of truck and automobile traffic to and from such uses their impacts to areas in the County; The appiicant has stated that there will be a similar number of trips or-rt of the site as tirere were for the asphalt batch plant operation. A11 access is onto State Highway 82. at the CR 15.1 intersection. The proposed truck trips will be added to the existing hear,y truck traffic. This intersection has been considered inadequate for a number of years. The applicant should be responsible for participating in any funding projects for the improvement of this intersection on a proportional impact basis, if an intersection upgrade is propose-d in the next two years. Additionally, no heavy equipment from this site shouid be allowed to access Highway 82, at the CR 11.1,rF{ighway 82 intersection. That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; The adjacent uses on the same side of the river are the simiiar to the proposed use. The nearest residentiai uses are approximately 900 ft. from the property and approximately 50 ft. in eievation higher than the proposed site There should be sufficient distances from abutting property. E.) l^L -el _). F.) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. The applicants need to agree to participate in the upgrading of the Highway 82/CR 154 intersection on the proportionate share basis utilizing a formula similar to the Road Impact fee formula developed for the subdivision regulations. It will be necessary for the County to establish a cost of the improvements, before a proportionate share can be established. G.) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; The applicant has stated that the site will be rehabilitated to existing conditions within 90 days after the lease expires. Building Codes: The applicant has proposed to install a 8' x 26' pre-manufactured office on the site. There are no provisions for a permanent placement of a pre- manufactured office of this size, urless it can be demonstrated that the structure wiil meet the Building Code structural requirements for that fype of occupancy. A condition of approval should require that the structure meet the IIBC requirements for this tvpe of occupancy. SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required by law for the public hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent fagts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the appiication is in compiiance with the Garfield County Zontng Resolution of i978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety. morals, convenience, order, prosperity and weifare of the citizens of Garfield County. IV. c -{- V.RECOIVIMENDATION APPROVAL of the proposed Special Use as a part of a Commercial Park Special Use permit, subject to the following conditions of approval: 1. All proposals of the appiicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. That the applicant be required to participate on a proportionate impact basis in the improvement of the State Highway 82/CR i 54 intersection, if the County establishes an improvement program during the term of any lease on the associated properly that is not tied to a nonconforming use. 3. That all vehicles accessing Highway 82 from the site will only use the CR 154,{Hwy. 82 intersection north of the site. No vehicies will use the CR 154iCR 114,/Hwy 82 intersection for access to the site. That any office structures meet the i994 Uniform Building Code requirements for the type ofoccupancy proposed. That the Commerciai Park Special Use permit is approved oniy for the storage of healy equipment and nonconfonning uses agreed to in ietters to Joe Jammaron dated November 2, 1994 and December 1, 1994, tiom the Garfield County Planning Department. Any modification of the Commerciai Park designation. will require the modification of the Special Use permit. through the applicable process in existence at the time of any proposed modification. 4. 5. e 0o GARFIELD COUNTY BUILDING AND PLAIVN/A/G December 1, 1994 Joe Jammaron PO Box 1631 Glenwood Springs, CO 81602 Dear NIr. Jammaron: Based on your 111?1194 ielter and the attached letter lrom K.R. Weatherly, Western Mobile, I concurr that a maximum of Lhirty (30) vehicles stored outside of the main building is a reasonable limit lor a nonconformilg use on your property. This does not prevent someone lrom requesting a rezoning or landuse permit, lhat may allow [or an increase in this ma.ximum. If y'ou have anv tlrther questions aboul this issue. leel free lo call or rvnle to lhis olTice. NIark L. Bean, Director Buil.ling and Planning Departinenl NILB;mb ' 9454212t6 7- 25-55711285-i9721O-q 8TH STREET. SUITE 303 GLENWOOD SPRINGS, COLORADO 81601 Sincerely. ,i/ n 1.77)pLiAZ4-r-