HomeMy WebLinkAbout2.0 BOCC Staff Report 03.17.2008Exhibits for a Public Hearing held on March 17th, 2008 (Pollard — Jackie's Porta Potties)
Eibibtt T;etf
(A'to,Z),`"
A
Mail Receipts
B
Proof of Publication
C
Garfield County Zoning Resolution of 1978, as amended
D
Garfield County Comprehensive Plan of 2000
E
Application
F
Staff Report
G
Email from Brit McLin of the Burning Mountain Fire Protection District, dated
February 20, 2008
A
Email from Jake Mall of the Garfield County Road and Bridge Department dated
February 25, 2008
I
Email from Steve Anthony of the Garfield County Vegetation Management
Department dated February 27, 2008
J
Letter from ChtisHale of Mountain Cross Engineering dated March 4, 2008
BOCC 3/17/2008 DP
Wayne Pollard
Special Use Permit
REQUEST
APPLICANT / OWNER
REPRESENTIATIVE
LOCATION
SITE DATA
EXISTING ZONING
ADJACENT ZONING
I REQUEST
Special Use Permit to allow a Contractors Yard
in the ARRD Zone District
Wayne Pollard (Jackie's Porta Potties)
Wagon Wheel Consulting (Cody Smith)
Approximately 2.5 miles east of the Town of Silt
off County Road 233
35.313 acre property (0.7 acre site)
ARRD (Agricultural / Residential / Rural Density)
ARRD (Agricultural / Residential / Rural Density)
The Applicant requests that the Board of County Commissioners (the Board) approve a
Special Use Permit (SUP) allowing a "Contractor's Yard" on a 35.313 acre parcel zoned
Agricultural / Residential / Rural Density (ARRD). The intent is to utilize existing
agricultural infrastructure to store portable restrooms, mixing tank, supplies and parking of
pumper trucks. No water or wastewater facilities are proposed to be used at this facility.
Traffic generated by the proposed use will be up to twenty (20) vehicle trips per day at
predicted peak future activity but is expected to be approximately twelve (12) vehicle trips
per day with current operations. The activity area is represented to be less then one acre.
Aerial photo of proposed Contractor's Yard site.
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BOCC 3/17/2008 DP
The Applicants request is consistent with the definition of a Contractors Yard approved
by the Board of County Commissioners.
Contractors Yard Definition:
"The use of land for the purpose of storing machinery, equipment and supplies for an
individual business that provides services to clients through the use of the machinery,
equipment or supplies. Such use may include once and repair facilities. r
The Applicant has represented this application in the following manner:
The proposed use of the property will be a Contractor's Yard.
Specifically, the usage will be for storage of portable
restrooms, mixing tanks, supplies and parking of the
pumper trucks.
Existing structures to be used will be a three -sided shed for
truck parking and supply storage. Open outside storage will
be utilized for the portable restrooms behind a 5.5 foot
privacy fence, opposite of the three -sided structure. A
1,550 gallon dear plastic tank will be utilized for mixing and
storage of products to reduce wintertime freezing in trucks
and restrooms. This tank will only be utilized from the
months of November through April. The dimensions of the
dear plastic tank are 5.5 foot high by 7.0 foot wide. This
tank will be stored within a 12" x 12' metal container.
The hours of operations will vary depending on season and
daylight hours. In the summertime the hours of operation
typically are 6:00 am - 6:00 pm and in the winter months
typically from 7:00 am - 5:00 pm. The stored trucks will
consist of three to five one -ton standard pumper trucks.
Currently the company owns and operates three trucks. All
three trucks are currently being used on routes Monday -
Friday. Typically, each truck leaves the yard fn the morning
and returns in the evening.
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BOCC 3/17/2008 DP
Town of Sift
*avail w,+
wnx.+
Wayne Pollard -
Contractors Yard for Jackies Porta -Potties
0
550 1,100
I
2,200 Feet
1 1
W+E
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BOCC 3/17/2008 DP
Subject Property
Wayne Pollard -
Contractors Yard for Jackies Porta -Potties
0 55 110 220 Feet
I I lilt
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I _,.,vv ,ya,I
:=B17 NUR
1
I
BOCC 3/17/2008 DP
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II REFERRALS
Town of Silt:
Burning Mountain Fire Protection District:
CDPHE:
Garfield County Road and Bridge Department:
Mountain Cross Engineering:
Garfield County Vegetation Management:
Division of Wildlife:
III S 5.03 Review Standards
(1)
BOCC 3/17/2008 DP
No Comments Received
See Exhibit G
No Comments Received
See Exhibit H
See Exhibit J
See Exhibit I
No Comments Received
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 Finding
The proposed Contractors Yard is not to include any restroom facilities for employees or
any vehicle washing facilities. As a result, no wastewater disposal is required as apart of
this application. In addition, the Applicant has represented that no water will be used in
association with the proposed Contractor's Yard which originates from the Subject
Property. The Applicant has made the following representations regarding the requested
Special Use Permit:
Jackie's Porta Potties has submitted the Special Use Permit for the sole purpose of being
allowed to park their pickups and to store portable restrooms as needed. In regards to
line item 1) in your letter stating Section 5.03 (1) of the Garfield County Zoning
Resolution of 1978, as amended, requiring that adequate water be provided to the
proposed facility; Jackie's Porta Potties will not be using any water from the existing
property for their operations. The portable restrooms that are owned and maintained by
Jackie's will be washed and cleaned in the field at the locations where they are placed.
Water for this will be purchased from water filling stations within the area, such as the
public water filling station Iocated in Silt or Rifle. For the cleaning of' vehicles
employees will wash their trucks at approved car washes in the area. Any water needed
for mixing chemicals will also be purchased at one of the local water filling stations. As
a result of these actions no water will be used from the existing property.
(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;
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BOCC 3/17/2008 DP
Staff Finding
The Applicant has submitted the following traffic analysis regarding this application:
JACKIE'S PORTA POTTIES
TRAFFIC ANALYSIS
Per Garfield County requirements under Section 5.03 (2) of the Garfield County Zoning
Resolution of 1978, as aznended, a tragic generation analysis has been completed by
Wagon Wheel Consulting, Inc. to identify the AM and PM peak volumes to be expected
at the ptuposcd site for Jackie's Porta Potties. The imposed site for the Contractors yard
is existing and is located on the south side of Garfield County Road 233 (Silt Mesa Road)
at the ini ascctions ofCt. Rd. 233 and a. Road 237 (Harvey dap Road).
Jackie's Porta Potties is proposing to have a total of 12 trips per day for their current
operations and up to 20 trips per day for firtum expansion of operations. 13elow in Table
1 these trips are broken out into AM and PM peak volumes for the current operations and
future.
TABLE 1
The vehicles that will be used for the operations of Jackie's Porta Patties will be of a
maximum size of a one ton pickup with associated equipment, and smaller vehicles
owned by employees. These vehicles will access the county mad from the existing
access which will have an asphak apron or an apron that is acceptable by Garfield County
Road and Bridge. Jackie's Porta Potties is not proposing to utilize any large trucks for
their operations except for any deliveries which may occur on a rare basis.
Staff referred this application to Garfield County Road and Bridge Department (Road and
Bridge). The Road and Bridge Department has indicated that they have no objections to
this proposal and that the access is adequate for the proposed traffic.
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TRAFFICGEN F„RATION (CwrentOpormdons)
Vehicle Trlps
DAILY
AM Peak Hours
PM Peak Hours
IN
OUT
TOTAL
IN
OUT
TOTAL
12
.
3
3
6
3
3
6
The vehicles that will be used for the operations of Jackie's Porta Patties will be of a
maximum size of a one ton pickup with associated equipment, and smaller vehicles
owned by employees. These vehicles will access the county mad from the existing
access which will have an asphak apron or an apron that is acceptable by Garfield County
Road and Bridge. Jackie's Porta Potties is not proposing to utilize any large trucks for
their operations except for any deliveries which may occur on a rare basis.
Staff referred this application to Garfield County Road and Bridge Department (Road and
Bridge). The Road and Bridge Department has indicated that they have no objections to
this proposal and that the access is adequate for the proposed traffic.
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TRAFFIC GENERATION (Future Oparatkyna!
Vehicle Trips
DAILY
AM Peak Hours
PM Peak Hours
IN
OUT
TOTAL
IN
OUT
TOTAL
20
5
5
10.
5
5
10
The vehicles that will be used for the operations of Jackie's Porta Patties will be of a
maximum size of a one ton pickup with associated equipment, and smaller vehicles
owned by employees. These vehicles will access the county mad from the existing
access which will have an asphak apron or an apron that is acceptable by Garfield County
Road and Bridge. Jackie's Porta Potties is not proposing to utilize any large trucks for
their operations except for any deliveries which may occur on a rare basis.
Staff referred this application to Garfield County Road and Bridge Department (Road and
Bridge). The Road and Bridge Department has indicated that they have no objections to
this proposal and that the access is adequate for the proposed traffic.
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(3)
BOCC 3/17/2008 DP
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 Finding
The surrounding land uses are predominantly residential and agricultural. The area which
is to be used for truck parking and portable toilet storage are existing agricultural buildings
and fences. The Applicant is proposing to construct a five (5) foot tall wood fence to
contain the portable toilets and limit their visibility. The Applicant has represented this
project in the following manner:
The proposed contractor storage yard will utilize existing buildings for
storage of vehicles and equipment associated wit daeide's Porta Potties. A
five (5') foot wood fence will be constructed to contain portable toilets to
minimize visual impacts from adjacent properties.. All. proposed structures
at the site are existing and currently being utilized for storage of Farm and
Ranch equipment, which will cont nze to be stored, in buildings along with
the equipment associated with the proposed. use. Pio new structures are
proposed for the contractor's yard. The proposed use is aptcted to have no
foreseeable impacts or change to the established neighborhood
characteristics.
Views of area proposed to be used for portable toilet and truck storage within the Pollard
Property looking generally to the South
Given the general openness to the proposed site, Staff recommends that a Condition of
Approval be added to the Special Use Permit requiring that all potable toilet units and
vehicles be obscured from the public view by storing all equipment within a fenced area
and screened from the view of the general public. In order to fully screen the portable
toilets and vehicles from the public view, Staff recommends that an obscuring fence eight
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BOCC 3117/2008 DP
(8) feet high be constructed as a condition of approval for this Special Use Permit.
Section 5.03.07 Industrial Operation
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:
(1) Existing lawful use of water through depletion or pollution of surface
run-off, stream flow or ground water;
Staff Finding
The Applicant has provided the following information regarding depletion or pollution of
surface run-off, stream flow and ground water for this application:
The proposed contractor's yard will only use existing water sources
associated with the property and the current use of the property. No water
will be used from any surface runoff, stream flows, or ground water. Any
chemicals stored at thesite will he stored in approved containers with
secondary containment. Jaeide's Port* Potties is proposing one small mixing
tank at the site for mixing wateraad chemicals associated with the chemicals:
needed to clean portable toilets, this tank will be contained within in a
secondary containment to prevent any pollution to surface waters and soils,
all chemicals used are water soluble.
In addition, the Applicant has made the following statement:
Jaekie's Porta Potties has submitted the Special Use Permit for the sole purpose of being
allowed to park their pickups and to store portable restrooms as needed. In regards to
line item 1) in your letter stating Section 5.03 (1) of the Garfield County Zoning
Resolution of 1978, as amended, requiring that adequate water be provided to the
proposed facility; Jackie's Porta Potties will not be using any water from the existing
property for their operations. The portable restrooms that are owned and maintained by
Jackie's will be washed and cleaned in the field at the locations where they are placed.
Water far this will be purchased from water filling stations within the area, such as the
public water filling station located in Silt or Rifle. For the cleaning of vehicles
employees will wash their trucks at approved car washes in the area. Any water needed
for mixing chemicals will also be purchased at one of the local water filling stations. As
a result of these actions no water will be used from the existing property.
To this extent, it is Staffs opinion that since no water is to be used on the site and that
restroom facilities will not be provided at the site, this standard is met. Staff recommends
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BOCC 3/17/2008 DP
that a condition of approval be added to the Special Use Permit restricted the use of
water originating from the Subject Property for any purpose at the proposed site.
The Applicant has represented that there will be no additional grading to the site. If the
applicant changes the topography of the area, the Applicant may be required to obtain a
grading permit.
(2) Impacts on adjacent land from the generation of vapor, dust, smoke,
noise, glare or vibration, or other emanations;
Staff Finding
Staff recommends periodic treatment of the gravel driveway to reduce dust emissions.
A sound analysis prepared by Wagon Wheel Consulting demonstrates general
compliance with the State Statute regarding noise. The following representation was
made within the application:
Sound levels were measured and recorded at one location at the proposed property.
Equipment was set up 25 fl. off of the main access point into the property from County
Road 233 (See attached map for GPS location of equipment). Sound measurements were
taken on June 13, 2007 and June 14, 2007. Noise levels were recorded for a twenty-four
(24) hour period to show sound levels during peak traffic volumes morning and night.
During the test between the hours of 7:00 a.m. and 8:30 a.m. Jackie's Porta Potty bad
their trucks arrive on site to perform some of the normal operations that will go on during
regular work schedules. During the period of time that the trucks were present was when
noise volumes were lowest, averaging around 38 dBA to 55 dBA, except fbr a few
instances where sound readings ranged as high as 66 dBA for a couple seconds. The
level recorded during the time that tackle's Porta Potty technicians were present
demonstrates compliance with the Colorado State Statutes for noise levels under
Residential Zoning.
As represented, noise generated by the proposed use is consistent with existing
neighborhood character and generally complies with State Statute.
As the portable restrooms are not to be washed or cleaned on the property, Staff does not
anticipate that odor will be an issue.
(3)
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 Finding
The Applicant has represented the following information in the application regarding
wildlife impacts:
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BOCC 3/17/2008 DP
The contractor's yard is not expected to have any impacts to wildlife and
domestic animals. ,All structures proposed for this use are ell existing. No
Impacts will occur to native vegetation, or migration routes. Current
operations at the site are associated with Farming and Ranching operations.
Domestic aohnais will not be impacted by the new proposed operations:.
With exception to a proposed obscuring wood fence, all proposed structures already exist
on the property. Staff understands that a 1550 gallon chemical mixing tank will be stored
and used on the property. Staff recommends that this tank be contained within a secured,
locking gated area to prevent wildlife and domestic animals from accessing these
chemicals. In addition, Staff recommends that the portable toilets be contained within a
secured, locking gated area to help prevent animals from accessing the portable toilets
themselves. As the area is already disturbed however, Staff does not foresee any
negative impacts to native vegetation or that the site will create a blockade of any
migration routes. This application was referred by Staff to the Colorado Division of Wildlife
(CDOW), the Colorado Department of Public Health and Environment (CDPHE) and the
Garfield County Vegetation Management Department.
(4) Affirmatively show the impacts of truck and automobile traffic to and
from such uses and their impacts to areas in the County;
Staff Finding
The Applicant has submitted the following traffic analysis regarding this application:
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BOCC 3/17/2008 DP
JACKIE'S PORTA POTTIES
TRAFFIC ANALYSIS
Pin Garfield County requirements under Section 5.03 (2) of the Garfield County Zoning
Resolution of 1978, as amended, a traffic generation analysis has been completed by
Wagon Wheel Consulting, Inc. to identify the AM and PM peak volumes to be expected
at the proposed site forJackie's Poria Potties, The proposed site for the Contractors yard
is existing and is located on the south side of Garfield Courcy Road 233 (Sit Mesa Road)
at the Intersections ofCt. Rd. 233 end Q. Road 237 (Harvey Gap )toad).
Jacdcie's Porta Potties is proposing to have a total of 12 trips per day for their entreat
operations and up to 20 trips per day for future expansion of operations. Below in Table
1 these trips are broken out into AM and PM peak volumes for the curtest operations and
future.
TABLE 1
TRAFFIC GENERATION (Future OperattWOs)
TRAFFIC GENERATION (Current Operations)
DAILY
AM Peek Hours
Wilkie Trips
IN
DAILY
IN
AM Peak Hcora
PM Peak Hours
IN 1
OUT TOTAL
IN
OUT
TOTAL
12
.
3
3 6
3
3
6
TRAFFIC GENERATION (Future OperattWOs)
Vehk(eTrips •
DAILY
AM Peek Hours
PM Peak Hours
IN
Off TOTAL
IN
OUT TOTAL
20
6
5 10.
5
5 10
The vehicles that will be used far the operations of Jackie's Porta Potties will be of a
maximum sire of a one ton pickup with associated equipment, and smaller vehicles
owned by employees. These vehicles will access the county road from the existing
access which will have an asphaleapron or an apron that Is acceptable by Garfield County
Road and Bridge. Jackie's Porta Potties is not proposing to utilize any large tucks for
their operations except for any deliveries which may occuron a rare basis.
Staff referred this application to Garfield County Road and Bridge Department (Road and
Bridge). The Road and Bridge Department has indicated that they have no objections to
this proposal and that the access is adequate for the proposed traffic (See Exhibit H).
(5) That sufficient distances shall separate such use from abutting
property which might otherwise be damaged by operations of the
proposed use(s);
Staff Finding
The Applicant has represented the following with the application:
The proposed facility is located approximately .25 miles from the closest
residence and i00' from the closet property linea that are not associated with
the property, There are two houses on the property that are associated with
the landowner, but are not associated with the proposed use. The new
proposeduse is not expected to have any foreseeable impacts or adverse
effects on any of the abutting properties.
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BOCC 3/17/2008 DP
The surrounding land uses are agriculture and residential. The property owner's
residence is fairly close to the proposed location and appears to be about 50 to 75 feet to
the west (See photo below).
As the noise analysis shows that the proposed use will likely not exceed state statute and
since the area where the storage of the portable toilets and trucks are to be located will is
already disturbed, it is Staffs opinion that as long as adequate screening is conducted,
the operation will damage neighboring property owners.
Permits may be granted for those uses with provisions that provide adequate
mitigation for the following:
1) A plan for site rehabilitation must be approved by the County
Commissioners before a permit for conditional or special use will be
issued;
2) 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;
3) Impacts set forth in the impact statement and compliance with the
standards contained in Section 5.03.08 of this Resolution.
Staff Finding
The visual impact from the proposed use is expected to be the greatest impact to
surrounding property owners and to the character of the area. As such, Staff recommends
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BOCC 3/17/2008 DP
that an eight (8) foot tall obscuring wood fence be installed which shall prevent the mixing
tank, parked trucks and portable toilets from being visible to the general public. In
addition, Staff recommends that this fence be locking in order to prevent wildlife from
entering the area where the trucks, mixing tank and portable toilets are held.
IV §5.03.08 Industrial Performance 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;
Staff Finding
Wagon Wheel Consulting prepared a sound analysis. Measurements were taken on-site
during the operation of equipment including a forklift and a semi truck. The sound analysis
demonstrates general compliance with the State Noise Statue (See results above).
(2) Emission of smoke and particulate matter: Every use shall be
operated so as to comply with all Federal, Sate and County air quality
laws, regulations;
Staff Finding
All vehicles accessing the site shall be licensed and in compliance with State and Federal
requirements.
The entrance to the subject property is currently gravel and dirt. And as such, Staff
recommends a condition of approval to maintain the driveway in a condition to keep dust
to a minimum.
(3)
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 Finding
The Applicant has represented the following within the application:
No emissions of heat, glare, radiation or fumes aro expected to result from
the operations at the proposed Contractor's Yard. Chemicals will be stored
in approved containers with secondary containment systems in place. The
proposed storage tank will be located in an area as to eliminate view of tank.
The tank will bo a plastic/ Ober glass tank eliminating the risk of glare on
adjacent properties. Portable toilets will be stored behind a fence to block
vlew from adjacent landowners.
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BOCC 3/17/2008 DP
Staff recommends that a condition of approval be added to the Special Use Permit
requiring that all chemical be stored sealed, air tight containers to eliminate the emission
of fumes, reduce the possibility of spillage and further prevent the chemicals from being
available to wildlife.
(4) 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 local fire codes and written recommendations/comments from the
appropriate local protection district regarding compliance with the
appropriate codes;
Staff Finding
All storage of flammable or explosive solids or gases shall comply with all applicable laws
at the national, state and local levels. The applicant has represented the following
information:
No storage of flammable or explosive solids, gasses or chemicals is
anticipated to occur in assochition with the proposed spode' use. Chemicals
to be stored are classified as water soluble and non hazardous chemicals,
MSDS sheet will be available at the site for all chemicals stored and that are
associated with the proposed use. Jackie's Porta Potties agrees to comply
with all Federal, State, and Local Fire Codes and written recommendations.
The Burning Mountain Fire Protection District has reviewed this application (see exhibit
G) in which they have no comment regarding the proposed facility.
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;
Staff Finding
The applicant has represented the following in the application:
Storage of portable toilets will be behind a live (5') foot wood fence to screen
the portable toilets from die. All other equipment will be stored within to
separate existing buildings at the site that are currently be utilized for
agricultural purposes.
Staff recommends that the height of the wood screening fence be increased in height to
at least eight (8) feet to fully obscure the portable toilets and vehicles from the view of the
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BOCC 3/17/2008 DP
general public. Further, Staff recommends that this fence be installed fully within the
setbacks of the property and be gated and lockable to help prevent the intrusion on
wildlife into the area.
In addition, Staff recommends that as a condition of approval, the applicant shall provide
evidence that all buildings which are to be used for the purposes identified within the
Special Use Permit have obtained a Garfield County Building Permit. If any of these
buildings have not obtained a Building Permit, the Applicant shall be required to obtain a
Building Permit prior to issuance of the Special Use Permit.
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;
Staff Finding
The Applicant has represented the following within the application:
No materials or waste associated with the proposed use will be damped or
deposited on any portion of the proposed site or associate property. No
uncontrolled release of any stored chemicals or materials is foreseeable. All
storage containments will have secondary containment, systems for added
protection.
Staff recommends that the storage of material that may be transferred off-site shall be
conducted indoors.
d) Storage of Heavy Equipment will only be allowed subject to (A) and (0)
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.
Staff Finding
The applicant has made the following representation in the application:
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BOCC 3/17/2008 DP
daclde's Porta Potties is not proposing any storage of heavy equipment other
than full size pickups at the proposed site. Alt regulation and standards
governing storage of this proposed use will be met. Most generally any
repairs needed to be made will be on vehicles and will occur at a service
repair shop, for any repairs that need to be niade on site, .laclde's Porta
Potties agrees to comply with the above listed hours and days of operations.
The applicant is proposing to store pickup trucks and portable toilets at the site. Staff is
recommending that the potable toilets and the associate trucks be obscured by an eight
(8) foot tall wood obscuring fence. It is staffs view that an eight foot tall fence is an
appropriate height to obscure the portable toilets and the trucks. However, since the
Garfield County Zoning Resolution does not have a definition of "heavy equipment", there
is not clear direction as to whether the trucks and portable toilets fall into this category. It
is Staffs Opinion that the portable toilets and pickup trucks are not considered "heavy
equipment" and as such are not specifically subject to the provisions as set forth in this
section.
(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.
Staff Finding
Staff has included this requirement as a condition of approval.
(5) Loading and unloading of vehicles shall be conducted on private property
and may not be conducted on any public right-of-way.
Staff Finding
Staff has included this requirement as a condition of approval.
a) Any storage area for uses not associated with natural resources shall not
exceed ten (10) acres in size.
Staff Finding
The proposed use is in compliance with this standard.
b) Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property.
Staff Finding
Staff has included this requirement as a condition of approval.
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(5)
BOCC 3/17/2008 DP
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 Finding
All Regulations of the Environmental Protection Agency and all other applicable Federal,
State and Local regulations shall be complied with at all times. The Applicant has made
the following representation within the application:
The proposed Contractor's Yard will not fell under any additional
regulations other than Garfield Comity's. In good faith to protect the
environment Jackie's Porta Potties plans to install secondary containment
for all storage tanks and chemicals. A storm water permit will not be
required due to size of site and due to everything is existing and no new
disturbances will occur resulting in the need for a Storm Water permit
through the Colorado Department of Public Health & Environment
(CAPBE). Jackie's Porta Potties will comply with all regulation as to protect
the environment and surrounding community to the best of their ability.
This Application has been forwarded to the CDPHE and has been discussed with the
Garfield County Public Health Department. Staff recommends that secondary
containment for the mixing tank be lined and sized in accordance to hold the full amount
of the tank (1550 gallons). Further, as the Applicant has represented, Staff recommends a
condition of approval be placed on the Special Use Permit stating that no waste or
wastewater shall be transported onto or stored at the site.
V 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 extensive and
complete and that all interested parties were heard at that meeting;
3.) The Application is in conformance with Garfield County Zoning Resolution of
1978, as amended;
4.) That for the above stated and other reason, the proposed Special Use Permit is
in the best interest of the health, safety and welfare of the citizens of Garfield
County;
- 18 -
BOCC 3/17/2008 DP
V STAFF RECOMMENDATION
Staff recommends approval of the proposed Special Use Permit allowing a "Contractors
Yard" in the ARRD zone district with the following conditions:
1. That all representations made by the Applicant in the application and as
testimony in the public hearing before the Board of County Commissioners shall
be conditions of approval, unless specifically altered by the Board of County
Commissioners;
2. The Applicant shall comply with all standards as set forth in §5.03.08 'Industrial
Performance Standards" of the Garfield County Zoning Resolution of 1978 as
amended and included here as follows:
a. Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes,
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
9,
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 shall include sight obscuring wood fencing.
h. Any repair and maintenance activity requiring the use of equipment that will
- 19 -
BOCC 3/17/2008 DP
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.
i. Loading and unloading of vehicles shall be conducted on private property
and may not be conducted on any public right-of-way.
j. Any storage area for uses not associated with natural resources shall not
exceed ten (10) acres in size.
k. Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property.
3. The "mixing tank" shall include an impervious secondary containment system
designed to contain the full amount of the contents of the mixing tank (1,550
gallons) in the case of a leak or spill. In addition, all chemical must be stored in a
sealed, air tight container to eliminate the emission of fumes, reduce the
possibility of spillage and further prevent the chemicals from being available to
wildlife.
4. At no time shall wastewater or other solid waste be transported to or stored at the
permitted site.
5. All portable toilets and the mixing tank (including secondary containment) shall
be stored either within the fenced area and completely obscured from site of the
general public or indoors. In addition, all pumping trucks must either be stored
within the fenced area identified within this Special Use Permit and completely
obscured fromsite of the general public or within another structure or garage
which similarly obscures the site of these vehicles from the general public.
6. At no timeshall the total number of pumping trucks or other vehicles associated
with this Contractor's Yard stored on the site exceed five (5) vehicles.
7. The Applicant shall obtain any necessary access or driveway permits from the
Garfield County Road and Bridge Department.
8. In order to control dust, the Applicant shall periodically treat the driveway with an
approved dust suppressant.
9. Since no wastewater treatment system is proposed for this use and that no water
is proposed to be used in conjunction with this Special Use Permit, the Applicant
shall not install any restroom facilities and shall not wash any trucks in
association with the approved use.
10. Specific to water use in conjunction with the approved Special Use Permit, the
Applicant shall not wash or clean any portable restrooms on the premises; trucks
- 20 -
BOCC 3/17/2008 DP
or other vehicles shall not be washed an the permitted site; and any water used
to mix chemicals shall not come from any water rights associated with the
Subject Property. The Applicant has represented that no water will be used from
water rights belonging to the Subject Property in conjunction with the Special Use
Permit.
11. The Applicant shall construct an eight (8) foot tall, completely obscuring, wood
privacy fence in the area identified within the Special Use Permit to screen the
portable restrooms, mixing tank and any vehicles associated with this Special
Use Permit from the view of the general public. This fence shall have a lockable
gate to prevent entrance by wildlife into the storage area.
12.AII vehicles associated with this Special Use Permit must be licensed and in
compliance with State and Federal requirements.
13. Prior to issuance of the Special Use Permit, the Applicant shall provide evidence
that all buildings to be used in conjunction with this Special Use Permit have
obtained a Garfield County Building Permit. If it is found that a building which is
to be used in conjunction with the Special Use Permit has not obtained a Building
Permit, then the Applicant shall obtain a Building Permit for that building prior to
issuance of the Special Use Permit.
14. The total area to be used for the Contractor's Yard shall not exceed one (1) acre.
-21 -
David Pesnichak
From: chief 800[burningmountainschieffmmsn.com]
Sent: Wednesday, February 20, 2008 11:35 AM
To: David Pesnichak
Subject: Jackie's Porta Potties, GGU Rodreick 21B SWD Water
Page 1 of 1
David:
I have reviewed the above mentioned proposals and have no comment at this time.
Brit C. McLin
2/20/2008
David Pesnichak
From: Jake Mall
Sent: Monday, February 25, 2008 2:28 PM
To: David Pesnichak
Subject: RE: Jackies Porta Poties (Wayne Pollard) - SUP Refferal
David:
I must not have got a comment form for this application. I don't' find where I commented
on it. If what you have is enough for my comments that's fine if not let me know and I
would be glad to do more.
The driveway at the location is adequate for the type of business that they are
requesting.
Jake B. Mall
Administrative Foreman
Garfield County Road and Bridge Department
970-625-8601 Office
970-618-6194 Cell
Original Message
From: David Pesnichak
Sent: Monday, February 25, 2008 11:51 AM
To: Jake Mall
Subject: RE: Jackies Porta Poties (Wayne Pollard) - SUP Refferal
Hi Jake,
Should I count this email as your comments to this application or do you want to submit
the standard form?
Dave
David Pesnichak
Senior Planner - Long -Range
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Tel: (970) 945-8212
Fax: (970)384-3470
Email: dpesnichak@garfield-county.com
www.garfield-county.com
Original Message
From: Jake Mall
Sent: Monday, February 25, 2008 11:46 AM
To: David Pesnichak
Subject: RE: Jackies Porta Poties (Wayne Pollard) - SUP Refferal
David:
Thanks for the update, this small amount of traffic will definitely not affect the total
traffic volume on Cr. 233.
Jake B. Mall
Administrative Foreman
Garfield County Road and Bridge Department
970-625-8601 Office
970-618-6194 Cell
Original Message
1
From: David Pesnichak
Sent: Monday, February 25, 2008 11:37 AM
To: Jake Mall
Subject: Jackies Porta Poties (Wayne Pollard) - SUP Refferal
Hi Jake,
I am not sure if you got this as apart of the Jackies Porta Potties application (Wayne
Pollard) near Silt. It is an updated and more flushed out traffic analysis then was
conducted in the application for the proposed project.
Best,
Dave
David Pesnichak
Senior Planner - Long -Range
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Tel: (970) 945-8212
Fax: (970)384-3470
Email: dpesnichak@garfield-county.com
www.garfield-county.com
Original Message
From: DAVID P [mailto:dpesnichak@garfield-county.com)
Sent: Monday, February 25, 2008 9:32 AM
To: David Pesnichak
Subject:
This E-mail was sent from "RNPC9D6E4" (MP 5500/LD255).
Scan Date: 02.25.2008 11:31:33 (-0500)
2
David Pesnichak
Page 1 of 1
From: Steve Anthony
Sent: Wednesday, February 27, 2008 2:21 PM
To: David Pesnichak
Subject: RE: question on Pollard Potties
Thanks Dave. I believe you are correct.
No comment needed from me.
From: David Pesnichak
Sent: Wednesday, February 27, 2008 2:15 PM
To: Steve Anthony
Subject: RE: question on Pollard Potties
Hey Steve,
This one looks like the total area to be used is 0.7 acres, but there does not appear to be any new disturbance
associated with this project. I have attached some photos of the site to give you an idea of what the site look like —
there may not be anything for you to comment on in this case...
Dave
David Pesnichak
Senior Planner- Long -Range
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Tel: (970) 945-8212
Fax: (970)384-3470
Email: dpesnichak@garfield-county.com
Lanimtgarfieid-county com
From: Steve Anthony
Sent: Wednesday, February 27, 2008 2:04 PM
To: David Pesnichak
Subject: question on Pollard Potties
Dave
I can't tell if there is going to be any new surface disturbance on this one.......are they basically requesting
permission to store the porta-potties on an existing, graveled site?
Steve Anthony
Garfield County Vegetation Management Director
POB 426
Rifle CO 81650
Office: 970-625-8601
Fax: 970-625-8627
Email: santhony@garfeid-county.com
2/27/2008
t-}- MOUNTAIN CROSS
ENGINEERING, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
March 4, 2008
Mr. David Pesnichak
Garfield County Planning
108 8`" Street, Suite 401
Glenwood; Springs, CO 81601
RE: : Special Use Permit Application for Jackie's Porta Potties
A revieww has been performed of the documents for the Special Use Permit application of Jackie's Porta
Potties. The package was found to be well organized. The following comments, questions, or concerns
were generated:
1. The application states that the proposed yard will only use existing water sources associatedwith the
property. However the application does not say if the water amounts will increase, what the
allowable usages are of the existing source, and the legal rights to the existing source. The
Applicant will need to address these.
2. The application does not discuss potential impacts from odor. This would be located under "other
emanations" within Section 5.03.07.
3. Any site modifications to the existing topography are not discussed within the application. Grading,
drainage, and erosion control maybe applicable. The Applicant will need to address this.
Feel free to call if you have any questions or if any of the above needs further clarification.
Sincerely,
Mountain4ross Engineering, Inc.
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com