HomeMy WebLinkAbout2.0 BOCC Staff Report 07.02.2007I /r,0 ?
Exhibits (Wffifl
A Proof of Mail Receipts
B Proof of Publication
C Carfietd County Zoning Resolution of 1978, a! amended (the Z
D Staff Memorandum
E Application
F Memo from the Town of New Castle dated 6/25101
G Memo from the Steve Anthony dated 6111107
H Memo from the Road and Bridge Dept dated 5116/01
Exhibit
'Letter
(A tsZ)
Exhibll
TYPE OF REVIEW
APPLICANT
LOCATION
PARCEL INFORMATION
EXISTING ZONING
AD.IACENT ZONING
PROJECT INFORMATION AND STAFF COMMENTS
BOCC 712107
MB
Special Use Permit for natural
resource extraction, storage and
material handling (logging).
Rocking Chair Ranch Irrevocable
Trust
The subject property is located
approximately between West Elk
Creek (CR 245) and CR 217
approximately 12 miles north of the
Town of Silt in Sections 1 & 2,
Township 4 S, Range 92W, 6th P.M'
739 acres
Agricultural Residential Rural Density
(ARRD)
Agricultural Residential Rural Density
(ARRD)
I. DESCRIPTION OF THE PROPOSAL
The Building and Planning Department received a Special Use Permit (SUP) application for
"natural resource extraction, storage and material handling (logging)" on property owned by
Rocking Chair Ranch Irrevocable Trust located on a 739 acre property approximately 12
miles north of the Town of Silt.
More specifically, the Applicant requests approval for the ability to cut and haul
approximately 250,000 board feet of dead and dying timber on various sections of their
property. The trees have pine beetles in the Spruce, dwarf mistletoe and fir beetles in the
Douglas Fir and broom rust and another form of beetle in the Sub Alpine Fir. The Colorado
Forest Service has assisted the applicants in developing a plan for the removal of the diseased
trees and thinning other areas in order to establish a healthy forest.
The CSFS will advertise next spring for loggers interested in cutting the trees marked on the
property. The U,S,D,A, Forest Service has approved a Private Road Special Use Permit for
a period of 5 years, of which there are 4 years left. This will allow loggers to haul through
the USFS land to CR 245. The contract will specify a one year period to complete the
cutting, even though it will take only 2-3 months to complete the contract.
The proposed timber cutting and hauling will occur between the hours of 7 a.m. go 7 p.m.,
during the months conducive to timber cutting, which is typically 5-6 months a year. Spring
run-off season from April-May, hunting season and heavy snow months limit the activity'
Generally there will be 1-3 pick up trucks a day going into the site, with 1 to 2 trips a day for
log hauling
REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03)
Pursuant to Section 5.03, as listed under tl'rcZone District Regulations, special uses shall
conform to all requirements listed there under and elsewhere in the Zoning Resolution, as
well as the following standards:
l. Utitities adequate to provi.de 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 coniunction with the proposed use.
Response
The applicant has stated that no water will be used in the logging. Even though it is not
stated, staff has to assume that each contractor will haul their own drinking water onto the
site. No provisions have been made for sewage disposal. Staff would recommend that the
applicant a portable toilet set up on the property, near the logging areas.
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 coniunction with the proposed use.
Response
The proposed amount of traffic generated, 1-3 pick ups and l-2 log hauling trucks a day
should not cause significant impact to the existing road system. If the log haulingtrucks are
going to run over weight, an over weight vehicle permit shall be obtained from the Garfield
County Road & Bridge Department prior to hauling.
3. Design of the proposed use is organized to minimize impact on andfrom adiacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and hy location of intensively utilized areas, access points,lighting and signs in
such a manner as to protect established neighborhood character.
Response
Since this site is fairly remote, impacts to adjacent properties will be minimal, if any at all.
The closest property is 300 feet from the road and any other summer cabins are further than
that away from the property.
REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTIONS 5:03.07 and 5.03.08
Pursuant to Section 5.03.07 and 5.03.08, as listed under the Zone District Regulations,
special uses shall conform to all requirements listed there under and elsewhere in the Zoning
Resolution, as well as the following standards:
5.0i.07
1. Existing lawful use of water through depletion or pollution of surfoce run-off, stream
flow or ground water;
Response: There will be no water use on the property as a part of this operation. The
operation does not include the use of heavy equipment to regrade the property, so soil
disturbance should be minimal and run-off impacts very limited, if at all.
2. Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanationsl
Response: The nearest property is located 300 feet south of the applicant's property and the
rest of the property is surrounded by USNFS land. lmpacts from the generation of vapor,
dust, smoke, noise, glare or vibration, or other emanations should be non-existent according
to the application.
j. Impacts on wildlifu and domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes, use
patterns or other disruptions;
Response: There should minimal or no impact to wildlife and domestic animals due to the
low volumes of traffic using existing roads and the fact that the operation is very short term
and only removing diseased and dead trees.
4. Affirmatively show the impacts of truck and automobile traffic to andfrom such uses
and their impacts to areas in the County;
Response: With only 1-3 pick-up trucks a day and 1-2loghauling trucks a day, traffic will
be minimal. If the log trucks are running overweight, then an overweight vehicle permit will
have to be obtained prior to operations being initiated.
5. That sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed use(s);
Response: The nearest private property is 300 feet south of the property and the remaining
property adjacent to the applicant's is USFS. There appears to be adequate separation from
the proposed activities to prevent any damage as a result of the operation.
6. Mitigation measures proposed for all of the foregoing impacts identified and for the
standards identifi.ed in Section 5.03.08 of thX Resolution
Response: No mitigation appears to be necessary for this application.
7. Permits may be grantedfor those uses with provisions that provide adequate mitigation
for the following:
(a) A plan for site rehabilitntion must be approved by the County Commissioners
before a permit for conditional or special use will be issued;
Response: No rehabilitation plan is necessary since the only residual material will be
slash, which will be stored in an open field and burned in the winter, when the property is
covered with snow. No major earth moving or disturbance is proposed
(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 Cou:nty Commissioners. Such commitments, bonds or check shall be payable to
and held by the County Commissioners;
Response: Since there is no mitigation proposed, there is no need for a bond.
(C) Impacts set forth in the impact statement and compliance with the standards
containedin Section 5.0i.08 of thk Resolution.
Response: No impacts have been identified requiring mitigation.
5.03.08
(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.
Response: No noise is projected to exceed the State noise standards.
(2) Vibration generated: every use shall be so operated that the ground vibration inherently and
recurrently generated is not percepttble, without instruments, at any point of any boundary line of
the property on which the use is located;
Response: No vibration is anticipated to go beyond property boundaries.
o
(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;
Response: No smoke or particulate matter is expected to leave the property, except in the winter
when the slash is burned
(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 exemptedfrom this provision;
Response: No emission of heat, glare, radiation or fumes is anticipated from the logging operation.
(5) 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 localfire codes and written
recommendations/comments from the appropriate local protection district regarding
compliance with the appropriate codes;
Response: No storage of flammable or explosive solids or gases is proposed.
(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;
Response: No fencing or landscaping of any storage is necessary. The slash pile will be on the
property and not visible to adjacent properties.
(C) No materials or wastes shall be deposited upon a property in such form or manner that
they may be transferred off the propefi by any reasonably foreseeable natural causes or
forces;
Response: The only disposal proposed the burning of the slash, which will be done in the
winter and should have no material transferred off the property.
(6) Any lighting of storage area shall be pointed downward and inward to the propefi center and
shaded to prevent direct reflection on adjacent property
Response: No lighting of any sort is proposed for the logging operation.
(7) Water pollution: in a case in which potentinl 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.
Response: No potential water pollution hazards were identified as a part of the application, so
no safeguards appear to be necessary.
il. ZONING & ADJACENT USES
The subject property is zoned Agricultural Residential Rural Density (ARRD), and natural resource
extraction, material handling and storage is allowed by Special Use Permit.
III. AUTHORITY & APPLICABILITY
Pursuant to Section 9.03.04 of the Zonrng Resolution, an application for a Special Use Permit shall
be approved or denied by the Board of County Commissioners after holding a public hearing thereon
in conformance with all provisions of the Zoning Resolution.
IV. REVIEW AGENCY AND OTHER COMMENTS
Comments have been received from the following agencies / community groups and are integrated
throughout this memorandum as applicable.
1. Town of New Castle: The Town staff expressed concerns about the traffic impacts of haul
trucks and potential environmental impacts, particularly water pollution. See Exhibit F
2. Garfield Count), Vegetation Management: Steve Anthony recommends that the applicant
map and inventory noxious weeds and provide a weed management plan for the inventoried
noxious weeds.
3. Garfield County Road & Bridee : Identified a haul route, requires compliance with the
County overweight vehicle permit requirements, the right to shut down haul operations and
notification of the commencement of hauling operations.
V. RBCOMMENDED FINDINGS
1. Proper posting and public notice was provided as required for the meeting before the Board of
County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard at that
meeting.
3. The above stated and other reasons, the proposed special use permit has been determined to be in
the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and
9:03) the Garfield County Zonrng Resolution of 1978, as amended.
VI. STAFF RECOMMENDATION
Staff recommends approval of the application with the following conditions of approval:
1. That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
2. That the operation of the facility be done in accordance with all applicable federal, state, and
local regulations governing the operation of this type of 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.
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.
5. 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.
6. Prior to hauling any logs out, the applicant will notify Jake Mall, Road & Bridge Dept of the
intent to haul. Truck owners shall obtain overweight vehicle permits, if they will exceed
County weight limits.
7 . The haul route for this operation shall be CR 245 to CR 226 to State Highway 325 to State
Highway 13.
8. The applicant shall map and inventory noxious weeds on the property and present a weed
management plan for noxious weeds, prior to the issuance of a Special Use Permit.
VII. RECOMMENDED MOTION
"I move to approve a Special Use Permit for a natural resource extraction, material handling and
storage for the Rocking Chair Ranch Irrevocable Trust with the conditions provided by Staff."
EXHIBIT
PLANNING STAFF MEMORANDUM
SUBJECT:SPECIAL USE PERMIT - ROCKING CHAIR RANCH LOG HAIILING
TO:
FROM:
DATE:
CC:
FRED JARMAN - GARFIELD COLINTY PLANNTNG DIRECTOR
DAVIS FARRAR. WESTERN SLOPE CONSULTING LLC
6t25t2007
TIM CAIN, DAVID BLANCHARD, JEFF SIMONSON
I am writing in response to your request for input on the proposed special use permit for the
Rocking Chair Ranch Irrevocable Trust. The applicant proposes to haul logs from their property
(parcel #1923-013-00-036 and parcel #1923-021-00-037) over County Road 245 to the "State
Highway road system". The application indicates that the project will harvest approximately
250,000 board feet of timber requiring 40 to 50 truckloads. It is anticipated that there will be
approximately 1 to 2 semi-truckloads per day during the "duration of the sale". Additionally, the
operation is expected to function 5-6 months per year and shut down for spring runoff (April-
May), possibly big game hunting season (October & early November) and during heavy winter
snows anticipated between January 1 and the end of March.
County Road 245 (New Castle Buford Road) is identified as the primary haul route. The
application generically states that halls will be made to "the State Highway road system" with no
specific reference to the actual haul routes. The most direct route to the State Highway road
system appears to be through New Castle. County Road 245 intersects with County Road 226
and ties into either 7th St or Castle Valley Boulevard within the New Castle municipal limits.
Both of these municipal roadways convey traffic through residential areas and in the case of
Castle Valley Boulevard past the Katherine Senior Elementary School.
Although the number of total truck hauls per day is low, New Castle has the following
concerns.
1. It is important that the vehicles do not operate in an overweight condition because
that will damage municipal streets as well as county roads. The County should have
some objective mechanism for verifying vehicle load weights. Will the applicant
have scales at the site and will the operators verify vehicle load weights for each trip?
Vehicles must operate within the maximum load limits established for all roadways
used.
2. Hauls through New Castle should occur on Castle Valley Boulevard and not on 7th
St to minimize adverse impacts to the community. Please note that 7th Street has a
weight limitation and prohibits large trucks. This should be a condition of the permit.
Our preference is that the trucks use a route that bypasses New Castle altogether.
3. Truck hauls should not occur during the peak vehicle traffic hours in the morning and
the evenings to reduce impacts to the I70 interchange an overall congestion during
those times.
4. Will the County be collecting a road impact fee from these applicants for this special
use permit? If the County collects a road impact fee, it should be allocated to the
sections of roadway impacted by this operation including streets within New Castle.
5. The applicant notes in the section of their narrative titled "Impact Statement" in
paragraph (1XD) that there will be "a few pickups" on the road in the morning and
evening and the estimated truck hauling will be limited to 1-2loads per day. The
County should establish maximum daily traffic to and from the site in the special use
permit based upon the applicant's representations. This will avoid unanticipated
problems that could arise if operations were accelerated and concentrated in a shorter
period of time thereby significantly increasing vehicle impacts.
6. The applicant's response to Section 5.03.08 "industrial performance standards" in
paragraph (3) states, "there should be no emissions of smoke and particulate matter."
This statement does not appear to be accurate with reference to emissions associated
with vehicle traffic, logging operations and burning of materials at the site.
Similarly, paragraph (5) notes that there will be no water pollution. lncreased
sedimentation in waterways could result from a lack of drainage management from
the site. This issue should be addressed during the application review process by the
County. It is important that this project does not cause adverse pollution impacts to
the Elk Creek and its tnbutary drainages.
The Town appreciates the opportunity to comment on this special use permit application. If
you have any questions about these comments or desire additional information, please do not
hesitate to contact me.
a
MEMORANDUM
To: Fred Jarman
From: Steve Anthony
Re: Comments on the Rocking Chair SUP
Date: June 11,2007
Thanks for the opportunity to comment on the SUP. My comments are as follows:
1. Noxious Weeds
A. lnventory and mapping-The applicant needs to map and inventory the
property for County listed noxious weeds.
B. Weed management-The applicant needs to provide a weed management
plan for the inventoried noxious weeds.
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
EXHIBIT
ta
-c.ooa
Date Sent: May 16,2007
Comments Due: .Iune 11,2007
Name of application: Rocking Chair Ranch Irrevocable Trust
Sent to: Garfield County Road & Bridee Dept.
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Fred Jarman
109 8th Sffeer, Suire 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 910-945-8212
General Comments: Garfield Countlr Road & Bridge Department has no objection to this
aoolication with the followins comments.
The access to Cr. 245 is an existing road that has been established for years and a
driveway access permit will be exempted for the purpose of this applications.
Thc lrauljt,uul"Xli.-liri:.Ililll"srii:r: it1;rll i:c {-lr._3ifuo Cr; l2irliLLtrloiaiirl Statc [":irghr"ili*
325 te: Coioraiio Statc Higlr_:.r,i*: 1.3. .......... -_.._ .."..."................. .... ..... -.................... . -...
The trucks haulins loes shall abide b)i the weieht limits imposed by Garfield County
Road & Bridge Department. The weight limit for Cr. 245 is 80. 000 pounds for a 5 axel
unit and no overweieht permits can be issued for this purpose as logs are a divisible load
and cannot exceed posted weieht limits. The weight limit is the same for Cr. 226.
Garfield Count), Road & Bridge Department would request contact information for
representatives of all parties involved in this logging operation. This should include
names and phone numbers furnished to Garfield County Road & Bridge Department prior
to startins of this losoins ooeration.
Garfield County Road & Bridge Department reserves the risht to shut down the log haul
for weather or other related causes that malz cause a safety issue or damage to Cr. 245.
The operator of the los hauling operation shall contact RE-2 school district to verify bus
route schedules for the roads used for this purpose. We would recommend that the log
haul trucks make all efforts to not interface the hauling operation with the school bus
time schedule.
We would ask that Garfield County Road & Bridge Department be notified one week
prior to the beginning of the los haul and of any situations that may arise involvins the
use of Cr. 245. such as accidents or citizens concerned directed at the log hauling trucks.
Name of review agency: Garfield County Road and Bridse Dept
Revised 3/30/00
By:Jake B. Mall
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Mav 11.2007
Revised 3/30/00