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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.12.2006June 12, 2006 — BOCC Exhibits for Public Hearing of the SUP — Storage of Heavy Equipment Applicant — Lyon Land and Cattle Co. Staff — Richard Wheeler Exhibit Letter (A to Z) A B Mail Receipts Proof of Publication C D Garfield County Zoning Resolution of 1978, as amended Garfield County Subdivision Regulations of 1984, as amended E F Staff Report dated 6-12-2006 G Application for the Special Use Permit H I J K L M N 0 P • • BOCC 6-12-06 RW PROJECT INFORMATION AND STAFF COMMENTS REQUEST: OWNER/APPLICANT: LOCATION: SITE INFO: ACCESS: WATER: SEWER: EXISTING ZONING: Special Use Permit for "Storage of Heavy Equipment" Lyon Land and Cattle Company Approximately one mile northwest of Silt, Colorado 9.282 acres CR 236 Well water Septic ARRD (Agricultural Residential Rural Density) 1. BACKGROUND The Building and Planning Department is in receipt of a Special Use Permit (SUP) application for "Storage of Heavy Equipment" and an ancillary office on a 9.282 parcel (tract 45 of Antlers Orchard). 2. PROPOSAL The Proposal is to move the equipment and office from the Town of Silt to the proposed site. Two new buildings are proposed: 6,000 Sq. Ft. and 5,850 Sq. Ft. There will be 6 dump trucks and 6-8 pickup trucks going in and out of the site on a daily basis. All parking and storage areas will be gravel or asphalt. Maintenance and repair of the equipment will take place on site. The proposal is to use the existing driveway for access 3. GENERAL REQUIREMENTS FOR ALL SPECIAL USE PERMITS §5.03 Conditional and Special Uses (Zoning Resolution of 1978, as amended) 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 Comments: The applicant has stated that water will be provided from an existing well. 1 • • Only a permit to construct a well and pump was submitted with the application. Should the Board approve the Special Use Permit, staff is recommending the applicant submit the actual well permit that allows water usage for this operation. Sewer will be provided by a septic system 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 Comments: Garfield County Road and Bridge Department has not issued a specific driveway permit for this project. Access will be to CR 236. The number of trips per day will be at least 28. Should the Board grant this approval, staff is recommending the applicant acquire the appropriate access Permit for GarCo Road and Bridge prior to issuance of the special use permit. 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 Comments: It appears that all operations and storage of the heavy equipment will take place in the two proposed buildings. The applicant is not proposing any landscaping. Fencing is being proposed along the County Road. §5.03.07 Industrial Operations (1) 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: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. Staff Comments: It appears the amount of disturbed land will require the applicant submit a Storm Water Management Plan with the State. The applicant has not submitted any materials for a SWMP with this application. (B)Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: The applicant has not directly addressed this issue. It is unclear to staff how this site will impact adjacent land from the above mentioned impacts. 2 (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 Comments: The applicant has not addressed any impacts this site may have on wildlife, domestic animals or how it will alter vegetation and migration routes of any animals. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Staff Comments: The applicant has stated that the existing road is used for industrial activities in the area and the proposed facility should have minimal impacts. Trips per day are estimated at 28. The adequacy of this road for the proposed and existing uses is questionable. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Staff Comments: The applicant not stated how this use will impact adjoining uses. (F)Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. Staff Comments: This has not been addressed by the applicant. (2) 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. Staff Comments: The applicant has not proposed any rehabilitation measures. The applicant has not submitted a weed inventory or a weed management plan for the site. (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. Staff Comments: This shall be at the discretion of the board 3 • • (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) §5.03.08 Industrial Performance Standards All industrial operations 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; (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. (A. 93-061) Staff Comments: The only sound that will take place on the site will be the actual operating of the trucks, maintenance and repair. Regardless, the applicant shall be aware of all sound volume standards and meet all State requirements. (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;. Staff Comments: It should not be an issue for this application. However, staff would like further information submitted by the applicant that no vibration will be perceptible at the boundary line of the facility (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. Staff Comments: Not applicable to this application. All vehicles shall be registered in the County. All emission standards for the operating vehicles shall meet state and federal requirements. (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. Staff Comments: Not applicable to this application 4 • • (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas : (A97-112). (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; (A97-112) Staff Comments: If the Applicant will be storing fuel for the vehicles on site, all applicable regulations shall be met (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; (A97-112) Staff Comments: The proposed use shall be contained in the proposed buildings. It is unclear whether additional screening will be needed. (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; (A97- 112) Staff Comments: It is unclear whether material wastes will be created and transported off the site. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) 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 • 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Comments: The proposed site is Tract 45 of Antlers Orchard Development. This tract is part of a platted subdivision. This is problematic, as it clearly does not meet this standard. (E) Any storage area for uses not associated with natural resources shall not exceed ten (1 0) acres in size. (A97-112) Staff Comments: The proposed site is less than 10 acres. (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). Staff Comments: The applicant has not submitted any lighting plans. Should outdoor lighting be used, the applicant shall ensure that all lighting is downward and inward facing towards the building and no light will trespass on adjoining property. (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. Staff Comments: The applicant has not submitted any information as to the affect this site will have on water pollution. 4. 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 not extensive and not all pertinent facts, matters and issues were submitted by the applicant. 3. The Applicant has not adequately addressed all of the Industrial Operation and Standards as set for in the Garfield County Zoning Resolution of 1978, as amended. 4. That the application is not in conformance with the Garfield County Zoning Resolution of 1978, as amended. Specifically, the applicant is proposing Heavy Equipment Storage on a lot that is part of a platted subdivision, which does not meet the Industrial Performance Standards as set forth in §5.03.08 (5)(D)(1). 6 • • 5. That the requested use is in the area of influence for the Town of Silt. This use is in conflict with the Town's Comprehensive Plan, in that industrial uses are not contemplated for the area. 6. That for the above stated and other reasons, the proposed Special Use Permit is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 5. STAFF RECOMMENDATION: Staff is recommending the Board deny the applicant's request based on the Staff's suggested findings.