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HomeMy WebLinkAbout3.0 PC Staff Report 07.11.2001Planning Commission July l lth, 2001 PROJECT II\IFORMATION Ai\tD STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: SEVt/ER: EXISTING ZOITIING: N)JACENT Z)NING: Special Use Permit to develop a construction waste material transfer facility Mid-Con Realty 1058 County Road 100, Carbondale, CO Located on the Mid-Continental load out site Portable Toilets Light Industrial A/RIRD 1. RErI\TTONSHIP Tq TEE COMPREEENSIyE PLAN This proposal is located in Study Area I of the Compreheniive Plan and very close to the Town of Carbondale; therefore an in-depth look at what the Comprehensive Plan says that Industrial uses is in order. 7.0 Commercial & Industrial Land Uses The grourth of commercial and industrial land uses within the County represents the transition from an agricultural-based economy to a more diverse land use pattern. These changes reflect the need to provide goods and services, in addition to economic opportunities to serve the local community. The following discussion is based on the tree following items; collecting data that defines the scope and diversity of existing commercial and industrial uses within the County; assessing the effectiveness and impact of current zoning designations that permit commercial or industrial uses under existing land use policies and lastly; explore strategies to encourage the diversification ofthe local economy. 7.2 Industrial Land Uses Industrial uses are defined by using the following Standard Industrial Classifications: Minins: mining includes metal mining, bituminous coal and liquid mineral extraction, oil and gas extraction and non-metal mining. Construction: Construction includes general building, heavy construction and construction related special trades. Manufacturing: Manufacturing includes lumber, printing and publishing and stone I clay I gl as s manufacturin g. Transportation. Communication and Public Utilities: This category includes nL_/ Trucking and warehousing, transportation services, communications and ElectricaUgaVsanitation activities. 7.4 Commercial I Industrial Zoning Commercial Uses are currently a "Use by Right" in both the Commercial Limited (clL) and commercial, c/3 (General commercial ) and c/4 (Resort District). The Industrial Districts include the followi ng I/I (General Industrial); 72 (River Industrial); WLidhtlndustrial and Office. Carbondale: The Town of Carbondale has recently updated the Town's Zoning Code. The new revisions currently in the review and adoption process include the refinement of commercial and industrial districts. These refinements are based on the intensity, size and design components among industrial and commercial land use proposals. The majority of developable commercial and industrial land is located along the Highway 133 corridor. Industrial Business park and General Industrial- zone land is currently located west of Highway 133 between CR 109 and the railroad tracks. Significant portions of commercial land, currently zoned "Planned community commercial" (PCC) are available on the northwest comer ofMain Street and Highway 133, opposite Crystal Village plaza. 7.7 Analysis of Existing County Commercial and Industrial Zoning The existing zoning applicable to commercial and industrial zonrngwithin the county is very permissive and gives the county Board of commissioners, Planning commission and stafflittle, if any, discretionary authority in regard to specific proposed uses, including the scope, intensity, compatibility or location of the proposed prqects. Issues Related to Industrial Development Specific issues related to industrial developments within the county are as follows: Due to the wide variety of potential industrial uses allowed within existing zone districts, little control exists to ensure compatibility with adjacent uses also permitted in the same zoning designation. The existing zoning ordinances gives the Board of County Commissioners, the Planning Commission and staffliule authority to control the interface between existing and proposed uses. Industrial uses, particularly heavy manufacturing processes, require a level of infrastructure not typically available in some areas currently permitting these uses. Ensuring the availability, or potential availability of these resources in the industrialzone districts, may increase the build out potential. Su ggested Modifi cations and Performance Standa rds It is suggested that refinements occur with the zoning ordinance to provide for a more orderly development of potential industrial and commercial n \- -/nl/ development in unincorporated portions of the County. The following discussion "Compatibility Analysis" points out specific examples of improvements that would establish more appropriate zoning designations:o Distance from urban centers.o Site specific ground water and soils conditions.. Condition and impacts on adjacent transportation systems.r Adjacent land uses, densities and future land opportunities.o Environmental factors such as surface water, noise, dust generation and wildlife diversity.o Visual impacts to important corridors.. Site specific design components including building material, signage, location and functional aspects of parking. A performance criterion can also be applied to assist in ensuring compatibility within areas zoned for a particular commercial or industrial use, for example:o Volume of sound generated. o Vibration generated. o Smoke, particulate, glare and fume emission.o Storage of hazardous wastes and equipment. Industrial Zone Districts The primary intent of establishing specific industrial zoning districts is: Provide appropriate locations for industrial uses which have access to major transportation corridors or rail systems, are compatible with adjacent land uses and do not represent a visual or environmental intrusion to residents and visitors to the area. Encourage industrial areas be located to accommodate a broad range of industrial activities and employment opportunities ranging from administrative and research facilities to areas appropriate for concentrated manufacturing and processing sites. Suggested districts are as follows: Light Industrial District (LI) The traditional purpose for developing Light Industrial districts is to concentrate low-intensity industrial uses in close proximity t o adequate transportation facilities. In addition, these areas are typically used to buffer heavier industrial uses from adjacent land uses. Examples of traditional uses encouraged in these areas include electronic assembly plants, small appliance assembly, data processing facilities and storage of machinery and equipment. Constraints to Commercial and Industrial Development It is important to note that rezoning land for commercial and industrial uses will not result in increased development and employment opportunities. II. m_ FromSection3.l2oftheci'r@solution,LightIndustrial Zone text: There is a great deal of historicar dvidence that market forces play amuchgreater role in land use decisions than regulatory approaches such as zoning. The economic liabilities of relying on natural resource development andagricultural are well documented. However, the need to diversify the localeconomy is faced with several constraints. A major barrier, particularly withrespect to increasing manufacturing and industrial development, is the iack of learby major market areas. This reality increases transportation costs anddistances, particularly for market-orienied industries. In addition togeographical constraints, the availability of appropriate skills in the labor pool has limited economic expansion in the past. Arth;ugh Garfierd county is weilserved by colorado Mountain colrage, ihere is a lacf of informational andresearch capabilities typical associated with four-year schoors. This is oftenconsidered essential for certain types of highly technical industries that mightotherwise be attracted to rerocate or expand into rural communities. Thecloses institution of this type is Mesa cbttege in Grand Junction, and it islimited in its research capabilities. ON E 3e^1orl:un,*d erop on apar99l of their property a construction waste material transfer site. The Zo"*:?":ln9,g"d the site pran to rn_crudea buirding measuring 64 feetbylz te91(4,608 sq ft total) and sranding 35 feet high to ",i"ror. ti";il;;;;;;q -- -""Y- :1 y..*.lrl. :,o,Tttrytti o.l lvasJe qatgrr al wi il b Jdepo s i ted fo r separati on.Maximum building height in the Light Industrial zoneis 35 feet andmaximum lot coverage is 85 p"r.eri. The Ieased parcel that this facility willoperate on is 0.41 acresor 17,860 ft. rq., therefore lot coverage will be just at25 percent ofthe entire leased parcel. In order to make this site feasible, the applicant distributes to large metaldumpsters to various construction clienis. once full, the dumpsters are lgtrieye$ and dumped on the concrete srap where employees sort by type.Material deemed to be waste is sent to the landfill; mat*at deemed to havet4y9 is recycled. According to the site plan produced uy itre applicant therewill be a total of eight recycling bins near thsconcrete siab. No hazardous material wilr be handled or processed at this site. rn casehazardous waste is found a contract with Source International is in placeand source will properry remove and dispose of the waste. Minimum Lot Area; when individual well and individual sewer disposal systems are utilized: Two acres and as further provided under Section 5.00, Supplementary Regulations; when central water is provided and individual sewer disposal systems are utilized: one acre and as further provided under section 5.00, Supplem entary Regulations; When central water and sewer are utilized: One-half ( ll2) acreand as further Provided under Section 5.00, Supplementary Regulationi. Maxirnum Lot Coverage: Fifty percent (50%) The County Commissioners may require adequate screening of all parking and And roadway areas, from adjoining residential uses and pudlic streets, in ight industrial zone districts. A maximum of ten percent ttOblof the total parfing and roadway areas may be required to be devoted exclusively to landscaping ' of trees, shrubs and ground cover to reduce visual impacts. Minimum Setback: Front yard: (a) Arterial street seventy-five feet from street centerline or fifty feet from the front lot line, whichever is greater; (b) Local streets, fiffy feet from the centerline or twenty-five feet from the froni lot line, whichever is greater. side yad: ten feet from side lot line, or one-half (ll2) the building height, whichever is greater. Maximum Height of Building: Thirty-five feet. The applicant is complying with these criteria in the following ways: The applicant is not proposing a water or sewer system to this site except portable sources for employee uses. Therefore a minimum size lot should notbe required. This site scales to approxim ately % acre (22,000 sq. ft.) and the concrete pad measuring 40' by 60' (2,400 sq. ft.) or just a littie more than 109/o of the site. In order to screen the site the applicant will leave the existing coffon wood trees and plant evergreen bushes alongthe road corridor. Ii should also be noted that the site sits across the railroad tracks for CRl00. Proposed setbacks for the property are: front yard setback that lot line closes toCR 100 scales to over 300 feet. The side yard setbacks are greater than 25 feet and 50 feet, respectiygtv and the rear yard.setback scales toipproximately 30feet. There is no building height as only a concrete slab is proposed. Hours of operation for this proposal are Monday through Saturday, i *tto 6pM. In accordance with section 3.12.09 and 5.03.07 the applicant has completed an Industrial Operation Impact Statement:a. Existing lar,vful use of water through depletion or pollution Of run-ofi stream flow or ground water:b. Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare, vibrations or other emanations; 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: d. Affirmatively show the impacts of truck and automobile Traffic to and from such uses and their impacts to areas in the County: That sufficient distances shall separate such uses from abutting property, which might otherwise be, damaged operations of the proposed use(s). Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. The applicant responded in the following way to the above questions. Item A is not relevant as there is no water usage for this property. Surface flow of water goes into a sump pond that is stated to control a 100-year event and there is a ditch and l8 inch berm that surrounds the entire proposal. All run offwill be directed to the lined sump pond at the west edge of the property. To direct all flows to this point, understanding that the natural slope of the land is to the west, the applicant has re-designed the site to accommodate an 18-inch berm completely surrounding the site and along the north and south sides an l8-inch ditch will be dug. The sump pond, measuring 1,238 sq ft in size will be fully lined with a geosynthetic clay liner and large enough to handle all the material from a 100-year, 24-hotr storm event. The engineer that designed this system state that, "overall, the combination of berms, ditches and lined collection sump should provide more than adequate protection against contamination of the soil. Washington Infrastructure Services, Inc. conducted a traffic analysis on this site for the proposed construction waste material transfer site (copy attached). The analysis was conducted on June l3th, 2001 between the hours of 4:00 and 5:30 PM, because the facility will be in operation and the traffic counts on the roadway will be the highest. The traffic volumes during this time period were 121 vehicles eastbound and236 westbound. Traffic generated by this site is assumed to be two laborers and a small fleet of trucks. There is an assumed maximum of 20 truck trips per day involving these trucks and then 2 employee trips per day entering and exiting the site. It is also assumed that 20 percent of the truck trips will be done during the peak PM hours, 90 percent of the trucks will to / from the east and l0 percent to / from the west. Based on the above assumption, there will be an estimated 2.8 percent increase in traffic on CR 100. Therefore the engineer conducting the survey calculated that CR 100 would still provide C or D level of service and that the proposed facility should have no impacts to traffic conditions on CR 100. Level of traffic impact range from A though F with A being the best possible level of service and F being the worst. Levels of service in the C and D category are considered acceptable with anything else considered a bonus. Per Section 5.03.07 (1XF); Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution that states All industrial operations in the County, State and Federal regulations regulating water, air and noise pollution and shall not be conducted in such a manner as to minimizeheat, dust smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the properties in which said uses a relocated, in accordance with the following: e Volume of sound generated shall comply with the standards set forth in Colorado Revised Statutes at the time any new application is made 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; Emission 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; Emissions of heat, glare, radiation, or fumes, which substantially interfere with the existing use of adjoining property or which constitute a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks or other such operation which may be required by law as safety or air pollution control measures shall b4e exempted from this provision;o Storage areas, salvaged yards, sanitary land fill and mineral waste disposal areas: At the discretion of the Board of County Commissioner, all outdoor storage facilities may be required to be enclosed by a fence, landscaping or wall adequate to conceal such facilities from adjacent property. Water Quality and Environmental Concerns: In 2000 Mid-Con Realty did test drills on this site and found ground water about 130 feet below the surface. In order to prevent potential contamination to groundwater the applicant has agreed to erect a building over the concrete pad and entered into an agreement with Source International, Inc. a hazardous materials handling firm located in Denver, CO to remove any hazardous found at the site. Mid-con is also proposing to completely seal the sump pond with a geosynthetic clay liner. The building should prevent loose material from being removed from the site by wind or rain. Source International, Inc. is qualified to handle and dispose of hazardous material in an appropriate and Iegal manner. With the transfer area being covered, any hazardous material found can be stored inside until the disposal team arrives. While the building prevents construction material from Ieaving the site it also reduces ventilation. stafftherefore recommends a ventilation source inside the building adequate to provide fresh air to the employees and further recommends that employee be provided with some t1'pe of safety breathing-apparatus. The sump pond is a critical step to protecting the environment and groundwater from this operation. The applicant is building the pond to handle a 100-year 24- hour storm. The pond will measure some 1,238 sq ft and be 7 feetdeep. the bottom of the pond will be lined with a geosynthetic clay liner that has an overlap of two feet where seams meet. Once this step is complete the GCL will receive alayer of granular bentonite which will then be covered with fill material, either soil or sand. The engineer that designed this system state that , 'ooverall, the combination of berms, ditches and lined collection sump should provide more than adequate protection against contamination of the soil, surface or groundwater. Subdivision Regulations and Leased Land If Mid-Con Realty can get the requested Special Use Permit they should be able to operate this type of a facility simply on land set aside for this construction waste transfer site. However, if they intend to long-term lease the property to an outside agent then the Subdivision Regulations and Zoning Regulation of Garfield County, Minimum Lot Size become applicable. 1.0 GENERAL PROVISIONS 1:10 SHORT TITLE These Regulations shall be known and may be cited as the "subdivision Regulations of Garfield county, colorado of 1984" and may be referred to herein as "subdivision Regulations" or "these Regulations'; 1:20 PURPOSE l:21 The Subdivision Regulations are designed and enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of Garfield county by encouraging orderly development, in accordance with 4established County policies and plans and, in furtherance, of the general policy of balancing the diversified needs of a changing population, including lessening congestion on streets or roads, reducing water in excessive amounts of roads, securing safety from fire, flood waters and other dangers, providing adequate lig.ht and air, classifuing land uses and the distribution of lind developmint and utilization, protecting the tax base, securing economy in governmental expenditures, fostering agricultural and other industries, and protecting both urban and non-urban development. l:22 The Board of county commissioners may deem land premature for subdivisionwhen $owth patterns of such form and pLysical rnuf.'u.. created such thatgovemmental inefficiencies, unnecessary public .ori, o, financial burdens iesultfrom_providing the extension of public slrvices urJpruti. support facilitieswhich cannot be accomplished in a planned, ordereio, Lm.i.nt manner, orwhen the services or resources necessary foi the riaUiirty ora subdivision areneither assured nor reasonable certain. 1.23 with regard to the provisions of a proposed statewide initiative for anamendment to the Colorado Constitution establishinl u n.* Article )g(y1IIthereto, known as "citizen Management Growth,,, a1,v ariddeveropmentapplication" shall mean any initial application and all subsequent applications orphases related thereto amendments thLreof and includinj applications or phasesmade under the Garfierd county Subdivision n.guratior", for an approved orsubmitted PUD, submitted pursuant to these nefrlation, to th. cameta counryBuilding and Planning Department on or before-the date on which the 2000General Election BaIot i1c9{neo by the cororado sec.etary of state. A..validdevelopment application" shall include all applicatiompreviously submiffed toand apprwed by G^arfierd county, which approvars rr,,luiio. The puD processas set forth in the Garfield County zoningitesolution ir ulro an integral part ofthe subdivision process. Moreovlr, sketch pran, preriminary ptan and final pratare steps or phases in thg subdivision process. A ..varid deveropmentapplication" for any of these steps or ih"r", shalr be "orrri*"0 as a..validdevelopment application for all iubsequent phases for the entire subdivisionprocess through its conclusion to final plat approvat. a ivatio developmentapplication" for a PLID shall also be considered a valid development applicationfor purposes ofall steps and phases ofthe subdivision pio"rm for the propertyyitlt the PUD, whether or not any such step or prrur"'tr. ueen initiated. A"valid development application" shall be deemed to substantively meet all therules of submission and be timery and complete as of the date on which it issubmitted to the Garfield county Building *a prun-rg o.punrent, if at anytime after submittar it is accepted as being in technicar"compliance by saidDepartment, based o-n originalry submitted or supplem*ui o. amendedinformation (2000-69) 1:30 AUTHORITY The Subdivision Regulations are authori zedby Title 2l,Article 29 andTitle 30,Article 28 of the cororado Revised statutes oi rg73,as amended. 1:40 JURISDICTION Thgse Regulations shall apply to the subdivision of land within theunincorporated area of Cameta County. l:50 GENERAL PROCEDURE 1) 2) 3) 1:51 The subdivision reguratory process is a three-step procedure: Sketch PIan Review; Preliminary plan, and Final Plat No approval or conditionar approvar shail be given for any one step until ailrequirements of the preceding step have been-succerrruiiy compreted. The Yo3r9 of counry Commissioi"rr ruy "^.rp, uJiu*o]-, oflund from rhedefinition of subdivision or subdivided land (see s.rti* g:00); such Iand isthereby exempted-from these general procedures. No subdivision shall beapproved unless all plans, desrgn and iocum.rtr."qrii.a uv the Board havebeen_ submitted, reviewed and lound to meet the requirements of theseregulations. 1:52 unless otherwise provided herein, the expiration of any time limitation imposedupon the Board of county commissioneri, the Hannrng commission, or anyother counfy representative, shail be interpreted-1s lraring consequence onry inentitling an interested pary to request judicial relief in inE nutur. of mandamus.The expiration of any iuch time limitaiion shail not, i;;;; of itserf, beconsidered as approval or deniar ofany apprication, pran or prat underconsideration. 1:53 These subdivision regulations shall not be construed to hold Garfield county, inany manner, responsible for any damages to persons or property resurting fromany failure to so inspect. zoning Regulation of r97 8,as Amended, section 3.r2, Lfi ,Light rnd ustriarMinimum Lot Area3.12.41 when individuar weil and individuar sewage disposarsystems are utilized: Two acres and as further p."ia.a under Section5 00: Supplementary Regulations;3'12.42 when."nt*t water is provided and individuar sewagedisposal systems are utilized: one acrl and as furthei provided underSection 5.00: Supplementary Regulations; --- l 3.12.43 when centrar watJr and sewer are utilized: one harf acreand as further provided under section s-oo: suppr"r"rory Regurations. Mid-Con Realty is proposing touse a parcel of their property less than one halfacre in size and then depend on bottled water and portable toilets for staffneeds.This might be adequate if they are to operate the facility however if Mid conlong-term leases the property it will be inadequate. - rv. tII. Material Storage: with the exception of wood and metals or steel products materials that havebeen separated for recycring are rou.a offthe property in2 or3 days. It cantake up to 2 weeks before tiere is enough metais ura ,i..ito send to a recyclingcenter and wood is generally on site only t duy. Lighting In the revised narrative the applicants states that the hours of operation could bea maximum of 7 days pe. week, 7 ANIto 6pM, lylis likeri to be considerabryIess' Staffassumes that:he.? days pei week, 7 AJvrto 6 pM wourd be to startthe facilify and then gradually tuprion wh,e the appricant states the hourswould probably be less during trre 3winter month hgrrts would be require for anoperation starting at 7 AMMierminating at 6 pM. therefore the concern tohave evening/securiry right pointirg urd-do*rrrir;;;r"rrry untir an exacthours of operation can bi establishid. - I**:ig,g^uffi r their concerns and comments, the I:# :i :::*:i:f ::1 g:ii:ry q"ryq Roud ;J B.G;. ffi;il'ffi '; *Xl:;p^*g!llyonaeari;:;ir;;;;;'.;"Aoi'Jiinlilli;, :r:::jl,:TT".*,.:r!yuonaar.hud;h;6iilffi ffi H,"#i,"#: fl:l:,'* ilTii:iliT?, llT,lg l"bri s, hazarJil ; il;od re cyc r i ng, n refl:f :::_1110-1u.'rr,d1a jnaserg.r*J*[.-p.""r,;ffi ffi;;Iil:applicant has addressed theJe roi"r-, rui.ti ffi;;ffi #:. Garfield County and Bridge chose not to respond but in a recent memoAddressing Devan tropane services they hai the roiio*ing comments: AtThis time it must be pointed out that RoLert o"rr, ,rpropane Servicesrecently received a special use permit to operate u p.opur" storage facility nearthis proposed construction waste transfer rit". oo.'rrthe conditions Mr. Devanhad to comply with is: "The entrance to the Mid-con site shall be constructedto be in conformance with all federal, state and local regulations. The illegalturnout shail be removed immecriatery and an ingiiru*a system trrut meetstrafrc sofety and emergency occess requiremenri shalt be instolled prior toissuance of a spegigt use permit. witien r*rrilrrhe reconstructed accessshqll be obtainedfrom cirfieu county niia rni ariagu emergency Manager,the 9l l-communicationTaiirity, ondfrom tnu jr"iir"trict. said wriren tr;7:f';!!::;;uwtied ro the Ptinnins oiio,i*""t prior to issuance of the v. sTAFr COMMENTS The applicant has done a very good job addressing the concerns this type of adevelopment migrt iScur trtn-e appticant in ttris lase rvrid-con chooses todevelop this site for their o*n w"lrd then t ir.,or"one to run the facility that - should be fine. However, if the appricant chooses to rease the parcer properfy toa third party there isthe requirembnt for subdivirion upji.ation invorving notless than two aces of property The Planning commrssion courd approve this speciar use permit with thefollowing conditions:o All representations by the applicant will be considered conditions of theapproval. The applicant Mid-con Rearty wilr be the owner of the properry and thefacility The building the emproyees separate the construction materiar wilr bewell-ventilated and each emproyee wiil u. rrppii.J*,tt uiLr.utrringapparatus as designated by OSHA. Truck access to the site wil be from a right in right out onry on cR 100. The Planning commission_courd deny this apprication if this facility wiil beoneratgf by-a third party. In this .u* u two-acre parcer wourd need to becreated by the subdivision process.