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Home My WebLink About2.0 BOCC Staff Report 03.21.1994REQUEST: • • e3. A. /77 e..1.5 BOCC 3/21/94 PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for a commercial logging operation on private property APPLICANT: Virgil Lee Wellman LOCATION: A tract of land located in portions of Sections 25 and 36, T3S, R94W of the 6th PM; more practically described as a located along CR 252 (Piceance Creek Road), approximately twenty (20) miles northwest of the City of Rifle, Near the Garfield/Rio Blanco County border. SITE DATA: An 180 acres WATER: N/A SEWER: N/A ACCESS: Via County Road 252 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel is located in "Unclassified Lands" of the Garfield County Comprehensive Plan. II. DESCRIPTION OF THE PROPOSAL A. Site Descri tp ion: The site is bisected by the Piceance Creek drainage, and is currently used for ranching purposes. The site ranges in elevation from 7,700 to approximately 8,200 feet. The area is heavily vegetated, with significant stands of Aspen and Pine. The property includes two significant drainages, Piceance Creek which runs north/south, and an unnamed intermittent drainage running east/west. A vicinity map is shown on page S1 . B. Project Description: The applicant is requesting a special use permit for a commercial logging operation. The request to allow the logging of 180 acres of aspen/pine on the site. Although not explicitly described in the submittal, staff assumes that aspen is the primary species to be cleared from the property Expected traffic impacts are in the range of two loads per day, and two pick-ups associated with employees. The haul route would be as follows: • Private access road to CR 252 (Piceance Creek Road); CR 252 to State Highway 13 (approximately 3.5 miles). A copy of the impact statement submitted with the application is attached. III_ MAJOR ISSUES AND CONCERNS A. Zoning: Site for extraction, processing, storage or material handling of natural resources are special uses in the A/R/RD zone district. As a special use, certain requirements must be met: 5.03 (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health officer shall either be in place or shall be constructed in conjunction with the proposed use; (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; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 5.03.07 (1) An impact statement demonstrating that the application shall be designed and operated in compliance with the applicable laws and regulations of the County, State and Federal governments, and will not have a significant adverse effect upon: (A) Existing lawful use of water through depletion or pollution of surface run- off, stream flow or ground water; (B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Wildlife and domestic animals through creation of hazardous attractions, alteration or existing native vegetation, blockade of migration routes, use patterns or other disruptions. (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisances to areas elsewhere in the County; • • (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; (4) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement of such use. 5.03.08 Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels, with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one (1) hour, at any point of any boundary line of the property on which the use is located; (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (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) 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 Fire Code; (B) At the discretion of the County Commissioners, all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (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; so- 4 The following are the staff responses to the applicant's proposal: • • (D) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operations 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. 5.03.12 Access Routes: All conditional uses and special uses must be provided with access routes of adequate design to accommodate traffic volume generated by the proposed use and to provide safe, convenient access for the use constructed in conjunction to the proposed use. The minimum design standards shall be the Garfield County Road Specifications. 5.03.07 Industrial Operations (1)(a) Surface Water Impacts. The applicants have represented that "no depletion or pollution of water runoff, stream flow or ground water will be affected by the planned operations". Staff does not dispute the applicant's intentions, but notes that the site includes two significant drainages. Staff suggests that silt fences be used to ensure that downstream water quality. (b) Impacts on Adjacent Lands. Impacts on adjacent lands likely will be visual, although no residential units are within 1.25 miles on the property. All adjacent land owners are relatives of the applicant. Vacant land is adjacent to the entry point from CR 252. (c) Wildlife Impacts. The applicants have indicated that the proposed use will not impact wildlife corridors, due to migration out of the area during the period proposed for logging (March/April). (d) Truck/Automobile Traffic. The applicants have proposed the following haul route associated with the proposed project: County Road 352 (Piceance Creek Road) south to State Highway 13 (approximately 3.5 miles), and then possibly to I-70 via the Rifle bypass. The application expects approximately two loads per day from the project site. County Road 352 is considered an unimproved gravel road by the Garfield County Road and Bridge Department. Staff contacted King Lloyd, Garfield County Road and Bridge Supervisor regarding the project. King is concerned that due to the pavement condition of CR 352, road damage could be an issue, particularly during the early spring. During the recent Louisiana-Pacific logging SUP located approximately 1/4 mile north, King suggested that the County require a road bond of approximately $5000.00 per mile. Assuming a distance of 3.5 miles to SH 13, a bond of $17,500 to address potential road impacts associated with the SUP. s�- • • Garfield County does not currently provide snow -plowing services on the proposed haul route. During the Louisiana-Pacific hearings, Staffdiscussed the legal implications with Steve Swick, then Assistant County Attorney. Steve suggested that a condition of approval be drafted that would require proof of insurance and some form of indemnity agreement to protect the County from liability. Staff suggests that the same condition apply to this SUP. (e) Distance from Adjacent Property Owners. see above. (1) Mitigation Measures. No specific mitigation measures have been proposed by the applicant. Mitigation proposed during the Louisiana-Pacific project include the following lease terms: 1. slash piles will be burned when suitable; 2. grass seeding and regrading of disturbed areas. Staff notes that the Louisiana-Pacific lease was with a private property owner. The Wellman project is conducted on private property by the property owner. (2)(a) Site Rehabilitation No specific rehabilitation has been proposed by the applicant. (2)(b) Security. Staff suggests that the proposed bond for road impacts adequately addresses security. Section 5.03.08 Performance Standards (1) Noise levels will meet all existing state and federal regulations pertaining to mufflers and spark arresters. The remoteness of the property should limit noise impacts associated with the operation. (2) Staff does not expect any detectable vibrations from the logging operation. (3) Smoke and particulate matter shall be controlled as per state and Federal standards. Section 5.03.12 A basic finding of a safe access route must be made by the Board of County Commissioners. Staff suggests that with the placing of a bond, the proposed project is consistent with the section. Section 9.03.05 - Periodic Review This section allows for the periodic review of a SUP if deemed necessary by the Board of County Commissioners. IV. FINDINGS 1. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all parties were heard at the meeting. -s2- 2. That the proposed special use conforms to the application requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. That the proposed land use will be compatible with existing and permitted land uses in all directions if appropriate conditions are attached to the permit. 4. That the proposed use will comply with all applicable standards contained in the Garfield County Zoning Resolution of 1978, as amended. 5. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION C Staff recommends approval of the SUP, based on the following conditions: (1) That all verbal and written proposals of the applicant shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners; (2) That a sufficient road bond, at the discretion of the Board of County Commissioners, be a condition of approval. -- ADO P w% FRAM q - nod V uR6c(LS Li:Ne mo (3) ('-t) Kms' t K (zoAP t 13g4A(,tm-- Iie,4 LCGT614 S1'°''�``�1�CcDTP.�� 1 STa�s �- Ac is L.t v E C?teelimv$ I1avi5/44A-pAc,F �L 3o- 35'ace5 065-P I7.)5oo.oC7 M.22± PlAg2A44 53 • S -re cr et/n-04) Ditri_T (54 40 CVT -r wC1 s (_02) Adjoining 1667 .t RIO Al NCO CO. —r—T--r r 1 GARFI LD • CO. 951 1` 1 15 l l Y Mc 14 955 Mr av 0 O 0 U Z J CG O U O J W K O Q 2 0 • AMOlAWGO —� 27 34 70•tn0 Arica no 2. 17 1011 Into! r.. land At Total red land Ac Total land 101n.r) Ac 701ot Land .n Twp Ac 957 OIr tb n 1 005 1 1 1- 12 13 1* Ad olning 1919 moo 0 000 r.00 $•o0 111100 !GALA 14 PC0 IPPn09!0...47 to unuo• \NEAA_Nip44 S.u.l� VIU1411 Mp-p- 1877 T.3S-R.94W. 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