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HomeMy WebLinkAbout3.0 PC Staff Report 04.14.1999�� k F • g t©P G �t� i2.c,o 2,v 1MT/ p G -A -k -cd Lo t C " tsUbd t✓ -c PC 4/14/99 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit to allow timber harvest. APPLICANT: Gary Hiner —1 ylir . LOCATION: Due south of Sunlight peak, at the southern end of Belodi Creek, south east of Garfield Creek SITE DATA: 480 Acres ACCESS: Private access easement from CR 312 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is classified as District F, Rural Areas in the 1984 Garfield County Comprehensive Plan. This District is characterizes as a rural area with severe environmental constraints. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: The applicant is requesting to harvest approximately 12,000 tons of forest material. The project would operate between June and August 1999, from 7-5 Monday through Friday. The applicant estimates they will generate twenty loads per day. III. MAJOR ISSUES AND CONCERNS A. Zoning: The proposal is an identified Special Use in the A/R/RD zone. B. Legal Access: Legal access will be via an existing roadway on private property connecting to CR 312. C. Water and Sewer: No water is required for this operation. G. Drainage: The drainage patterns in this area are to the north and west, draining 1 BoccliPreav 1S -1 -re Dor+r TeVCi.4 G ✓ 0,-1 M A-A4A 6-E te into Belodi and Garfield Creeks. The logging areas should leave a reasonable ',buffer of standing timber to protect all perennial and annual drainage areas from erosion. The buffer areas should be identified by the State Forrester. H. Fire Protection: The site is located within the general service area of the Glenwood Springs Fire Protection District. Rural access is difficult into this area and fire crews could only utilize water and equipment carried on their trucks. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Planning Commission. 2. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 1. That all representations of the applicant, either within the application or stated at the hearing before the Planning Commission, shall be considered conditions of approval. 2. The Special Use Permit shall be issued when all conditions are met, and shall expire on , 4v / z D O 3 All activity shall be in compliance with the application as submitted. 4. Prior to mobilization and/or cutting, the applicant shall obtain approval of all proposed crossings of County Roads from the Garfield County Road and Bridge Department including appropriate notification of the public as may be necessary for road closures or other activities as required. 2 5. Prior to mobilization and/or construction, the applicant or the applicant's contractor(s) shall obtain overweight vehicle permits (if applicable) from the Garfield County Road and Bridge Department. e‘4 4 ACID (oo,�- 6. . .. • • ._ ',Off s a le 1 -• • - .. s . n • : " • ge epartmen • be used for the repair of CR 312, from possible damage caused by the logging activity. The bond shall remain valid for the period of logging activity, and any subsequent use of the county road for a period of 30 days following closure of the principal logging activity. 7 The haul route for the timber and overweight vehicles must be approved by the County Road and Bridge supervisor prior to commencing activities. tN/(l0444'4n Phce arrange, prior to cutting, a si e visa e• Tuner areas. io+ - • • e app icant shall, upon iva aes, ave the revegetation mi app. roved to the satisfaction of the Colorado-State-Perest-S-ervite. 9. All revegetation shall be done using a weed free seed mix. 10. The applicant shall follow the Best Management Practices, as indicated by the Colorado Forest Stewardship Guidelines for all logging, restoration and road building activities. SM2 lutk ���Il ktnelk6 ) , IAALL . 3 0 0 BOCC 6/7/99 PROJECT INFORMATION AND STAFF COMMENTS PLANNING COMMISSION ACTION: At their April 14, 1999 hearing, the Planning Commission moved to APPROVE this special use permit. REQUEST: A request for review of a Special Use Permit to allow timber harvest. APPLICANT: Larry & Virginia Schmueser LOCATION: Due northwest of Sunlight peak, at the southern end of Belodi Creek, south east of Garfield Creek SITE DATA: 480 Acres ACCESS: Private access easement from CR 312 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN II. The site is located in District F- Rural Area Severe Environmental Constraints as designated by the 1984 Garfield County Comprehensive Plan Management District Map. The following Comprehensive Plan standards apply to the application: District F- Rural Area Severe Environmental Constraints Least ability to absorb growth This district includes all lands which have severe environmental constraints included in the boundaries of a District A or B are considered within District F. Site specific areas of minor or moderate environmental constraints may be included in this District. Severe environmental constraints should include, but are not limited to areas of active land slide, debris slide, unstable slope, bedrock slide, major mudflow, radioactive mill tailings, actual subsidence, slopes over 25%, and 100 year flood plains. • Performance Standards These performance standards are intended to encourage a working relationship between the developer and the County to solve the potential problems and conflicts caused by new growth. They are designed to provide flexibility in the location, design and type of development. At the same time, they are suggested means to overcome the impacts of new growth on existing development. Finally the performance standards are suggested guidelines for new development to use in responding to the problems and constraints posed by the project site to the proposed development. Natural Environment Steep Slopes (25% and over) and Moderate Slopes (16%-24%) Potential Problems - The timber operation will be following Best Management Practices to ensure that the timber operation will not adversely affect existing drainage patterns. Surface Drainage from New Development Potential Problems - Timber cutting may affect the existing drainage and run-off patterns causing on and off site damage. The applicant has indicated that through BMP the following potential conditions can be mitigated. 1. Disturbance of natural drainage patterns- The BMP calls for Stream side Management Zones which function to protect water quality along streams, lakes, and other water bodies by maintaining a natural sediment filter. These areas are identified as riparian areas characterized by high water tables and specific vegetation. 2. Increase of downstream flow and velocity- The SMZ areas protects groundcover which in turn protects the watercourse from increased run-off and erosion. A. Performance Standards- As identified the following standards should be applied to the entirety of the project: 1. Disturbance to natural drainage courses should be minimized. 2. The existing natural drainage system should be utilized to the fullest extent practicable in its unimproved state. 2 • • Vegetation A. Potential Problems- Plant communities in the generalized area of the parcel are typical sub alpine semi -arid contact zone consisting of high canopy Aspen, Spruce and Douglas Fur. Lower canopy foliage can range from Oak scrub to Big Sage and Wheat grasses. Timber harvest may produce the following conditions: Excess wind blown dust due to clearing and grading- Site specific measures in road construction should abide by Best Management Practices. 2. Increased erosion, sedimentation and runoff due to the removal of plant materials- SMZs must be identified and managed to ensure the least impact to on and off site drainages. 3. Unnecessary removal of the few existing trees or tree stands in the area - Any decrease in existing plant communities reduces bio -mass and increases potential erosion. B. Performance Standards- All uses and development should meet the following standards: 1. Development construction should minimize the disturbance of the existing vegetative cover. 2. No vegetation should be removed on slopes 25% or over unless otherwise approved by the County Commissioners. 3. Vegetation stands along creeks and rivers should be sensitively managed where these corridors have wildlife habitats. Transportation Road System A. Potential Problems- The applicant currently has an outstanding $1,000,000 bond in place with the County. All access will be required to meet County road access standards and to obtain access permits from the Road and Bridge Department. 3 w • Compatibility Compatibility: General A. Potential problems- The proposal should not have an adverse effect to the desirability of the area nor alter the basic character of adjacent lands or impair the stability or value of adjacent or surrounding properties. II. DESCRIPTION OF THE PROPOSAL B. Site & Project Description: The applicant is requesting to harvest approximately 12,000 tons of forest material. The project would operate between June and August 1999, from 7-5 Monday through Friday. The applicant estimates they will generate twenty loads per day. III. MAJOR ISSUES AND CONCERNS A. Zoning: The proposal is an identified Special Use in the A/R/RD zone. B. Legal Access: Legal access will be via an existing roadway on private property connecting to CR 312. C. Water and Sewer: No water is required for this operation. G. Drainage: The drainage patterns in this area are to the north and west, draining into Belodi and Garfield Creeks. The logging areas should abide by the BMP and maintain all SMZ areas to protect perennial and annual drainage areas from erosion. H. Fire Protection: The site is located within the general service area of the Glenwood Springs Fire Protection District. Rural access is difficult into this area and fire crews could only utilize water and equipment carried on their trucks. W. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting, 4 111111 That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION The Planning Commission recommends APPROVAL, with the following conditions of approval: 1. That all representations of the applicant, either within the application or stated at the hearing before the Planning Commission, shall be considered conditions of approval. 2. The Special Use Permit shall be issued when all conditions are met, and shall expire on August 1, 2000. 3. All activity shall be in compliance with the application as submitted. 4. Prior to mobilization and/or cutting, the applicant shall obtain approval of all proposed crossings of County Roads from the Garfield County Road and Bridge Department including appropriate notification of the public as may be necessary for road closures or other activities as required. 5. Prior to mobilization and/or construction, the applicant or the applicant's contractor(s) shall obtain overweight vehicle permits (if applicable) from the Garfield County Road and Bridge Department. 6. The existing road bond shall remain in place with the Road and Bridge Department to be used for the repair of CR 312, from possible damage caused by the logging activity. The bond shall remain valid for the period of logging activity, and any subsequent use of the county road for a period of 30 days following closure of the principal logging activity. 7 The haul route for the timber and overweight vehicles must be approved by the County Road and Bridge supervisor prior to commencing activities. 8. All revegetation shall be done using a weed free seed mix. 9. The applicant shall follow the Best Management Practices, as indicated by the Colorado Forest Stewardship Guidelines for all logging, restoration and road building activities. Following the Planning Commission review of this application, staff has reached a negotiated settlement regarding haul weights on CR 312. The following memo dated 5/28/99 outlines six conditions which staff recommends as further conditions of annroval- GARFIELD COUNTY ROAD AND BRIDGE P.O. BOX 2254 Glenwood Springs, Colorado 81602-2254 Phone 945-6111 DATE: May 28, 1999 TO: John - Garfield County Planning Department FROM: King RE: Log Hauling On County Road 312 In meetings with Gary Hiner of Louisiana Pacific, it has been discovered that L.P. has already heavily invested in this project based on hauling information that was given out last year by the Road and Bridge Department. Since that time, weight limits and road conditions have been re-evaluated and based upon problems that were showing up on County Road 312, the legal weight limit was reduced from 80,000 #, to 70,000 #, to reduce problems in maintaining the road. In the meetings we have had recently, staff has explained to L.P. that they could be jeopardizing their road bond hauling at 80,000 pounds. In an effort to work out an agreement, we have agreed to the following conditions: 1: They will buy permits to haul at 80,000 pounds. 2: The road will be inventoried and conditions documented 3: With the first signs of damage, the hauling will be reduced to 70,000 pounds and L.P. will pay for ail repairs needed. The work will be done by a qualified contractor as negotiated by L.P. with the County's approval as to scope of work and type of repairs. The paved portions of the road will be repaved with a 3" hot mix asphalt and appropriate sub -grade materials. Repairs are to be made within 10 (TEN) calendar days after notification by the County. 4: There are no guarantees by the County that the 70,000 pound limit will eliminate road damage. L.P. will remain liable for repairs due to their hauling operation under the conditions outlined in #3 above. -6 - • L.P. Permit County Road 312 Page TWO 5: Truck speeds will be posted at 20 MPH, and they will pull over to let convoys of 2 (TWO) or more smaller vehicles pass.' 6: Loads arriving at the mill weighing more than 80,000 pounds or 70,000 pounds as permitted. The excess._ will not be paid for' If you have any questions, please give me a call. Thanks, King cr3121p -7144. C ,,L • • GARFIELD COUNTY Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Phone: 945-8212 / Fax: 285-7972 Sent to: REFERRAL FORM Date Sent: 9/1/98 Return Requested: 9/12/98 Mt. Sopris Soil Conservation District P.O. Box 1302 Glenwood Springs, CO 81602 Type of Application: Special Use Permit to allow Timber Harvest Project Name: L&P 480 File Name: Louisiana and Pacific Corp. Location: South of Sunlight Peak and east of the Garfield Creek State Wildlife Area Request: SUP for harvest of 97 acres to yield Apx. 8,500 tons. The Garfield County Planning Department has received a land use request for the above referenced property. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments, please return this form no later than Sept. 12.1998. If you have no comment, please indicate by circling the following: NO COMMENT Please return the no comment sheet to the address listed above. If you have a comment please write in the spaces below, or use a separate sheet. After all the trees are cut and remove we would like to have it revegated to prevent erosion. Weed free seed should be used for any reseeding of the area. Thank -you Mt. Sopris District SCD Thank you for your cooperation. GARFlifiLo OC LINTY • 1 GARFIELD COUNTY Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Phone: 945-8212 / Fax: 285-7972 Sent to: Ef 17 - REFERRAL FORM D Date Sent: 9/1/98 Return Requested: 9/12/98 Bureau of Land Management Attn: Kendal Leatham Western Colorado Area Northern Division 2764 Compass Drive Grand Junction, CO 81506 1998 SEP -3 Pi 3: 1 1 Type of Application: Special Use Permit to allow Timber Harvest Project Name: L&P 480 File Name: Louisiana and Pacific Corp. Location: South of Sunlight Peak and east of the Garfield Creek State Wildlife Request: SUP for harvest of 97 acres to yield Apx. 8,500 tons. OFFICIAL FILE COPY RECEIVE NORTBOR DiVViSIONO. SEP 31998 LL i- 55.2. The Garfield County Planning Department has received a land use request for the above referenced property. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments, please return this form no late "8. 8. If you have no comment, please indicate by circling the foll Please return the no comment sheet to the address listed above. NO COMMENT If you have a comment please write in the spaces below, or use a separate sheet. Thank you for your cooperation. • GARFIELD COUNTY Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Phone: 945-8212 / Fax: 285-7972 Sent to: REFERRAL FORM Date Sent: 9/1/98 Return Requested: 9/12/98 Glenwood Fire Dept. 806 Cooper Ave. Glenwood Springs, CO 81601 Type of Application: Special Use Permit to allow Timber Harvest Project Name: L&P 480 File Name: Louisiana and Pacific Corp. Location: South of Sunlight Peak and east of the Garfield Creek State Wildlife Area Request: SUP for harvest of 97 acres to yield Apx. 8,500 tons. The Garfield County Planning Department has received a land use request for the above referenced property. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments, please return this form no later than Sept. 12,1998. If you have no comment, please indicate by circling the following: CO COMMEN 1.3 Please return the no comment sheet to the address listed above. If you have a comment please write in the spaces below, or use a separate sheet. ,609- //1J (j1 Gce✓ T76-71 /4' N- % GU/7 7/ B 7 £/e- 7?_ 6y? 04--- -7.., . !i'/-97 ��%7f 1 L"5,"j/YL%� Thank you for your cooperation. SEP 03 1998 COUNTY