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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.15.2007BOCC 10/15/2007 CR George Strong Special Use Permit Project Information and Staff Comments REQUEST Special Use Permit to allow a Contractors Yard APPLICANT / OWNER George Strong LOCATION County Road 300, west of Parachute, CO WATER/SEWER NONE EXISTING ZONING Agricultural Residential Rural Density (ARRD) ADJACENT ZONING ARRD, Resource Lands PARCELNO. 240927300002 STAFF RECOMMENDATION Approval with conditions Travellers Highlands Commercial General Frac Tech Resource Lands Subject Property Orchard Unit Compressor Station T Uni Pit (Gravel Pit) BOCC 10/15/2007 CR I REQUEST The Applicant has submitted a Special Use Permit to allow a "Contractors Yard" on a property situated within the Agricultural Residential Rural Density (ARRD) Zone District, southwest of the Town of Parachute. A Contractors Yard is contemplated as a Special Use within the ARRD Zone District. The subject property is approximately eighteen (18) acres in size. The Applicant is seeking approval of the proposed Special Use Permit in order to lease out an area of the subject property for storage of oil and gas equipment including an office area. Storage of equipment will be conducted indoors and within an approximately six (6) acre storage area. The Applicant's site plan identifies the proposed storage area as "Parcel 1". The Applicant's request is consistent with the definition of a Contractors Yard approved by the Board of County Commissioners. -2 BOCC 10/15/2007 CR 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 office and repair facilities." II REFERRALS Town of Parachute: Exhibit I Grand Valley Fire Protection District: Exhibit H Colorado Department of Transportation: Exhibit J Garfield County Road and Bridge Department: Exhibit F Garfield County Oil and Gas Auditor: No Comments Received Mountain Cross Engineering (on behalf of Garfield County): Exhibit K Garfield County Vegetation Management: Exhibit G & Exhibit L III § 5.03 Review Standards (1) 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 will include an office and restroom facility. The Applicant will be required to provide a well permit allowing for the commercial use of a Contractor's Yard. Staff recommends that the Board require a condition of approval requiring that a professional engineer design the ISDS for this use. A written statement sealed by the consulting engineer regarding the adequacy of the proposed system to provide sanitation services to a contractor's yard shall be submitted at the time of applying for an ISDS permit. (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; Staff Finding Staff referred this application to Garfield County Road and Bridge Department (Road and Bridge). Road and Bridge provided the following comments: • A driveway access permit has already been issued and the paved apron will be completed by the end of August; • A stop sign will be required at the entrance to County Road 300. The Stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; • The portion of County Road 300 where the property accesses County Road 300 has been improved to a heavy haul road status. The increase in traffic will not be an issue (for 3 BOCC 10/15/2007 CR County Infrastructure). The traffic analysis prepared by G.L.G. Services demonstrates a maximum ADT of 30. According to the analysis an ADT of 30 represents a 20% increase in traffic at the intersection of County Road 300 and State Highway 6 & 24. Colorado Department of Transportation (CDOT) at this time finds that a State Highway Access Permit is required. A registered Colorado Professional Engineer as required by State Access Code did not seal the traffic analysis submitted by the Applicant. The Applicant has chosen to have the intersection re-evaluated and will submit the new analysis to CDOT for review. At this time, Staff recommends that the Board authorize the Applicant to pursue a State Highway Access Permit. The Applicant shall complete the conditions and obtain the access permit prior to issuance of the Special Use Permit. A written opinion from CDOT stating an access permit is not required would relieve the Applicant from this condition of approval (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; Staff Finding Adjacent uses include a compressor station, gravel pit, industrial support facility and a commercial subdivision. The operation of a Contractors Yard on the subject property is consistent with the existing adjacent uses. 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 A Storm Water Management Plan prepared by Wagon Wheel Consulting identifies Best Management Practices (BMP) for the construction and operation of the proposed Contractors Yard. Staff recommends that the Board require the Applicant to implement the identified BMPs during construction and operation of the proposed Contractors Yard. 4 BOCC 10/15/2007 CR (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. Measurements taken range from 42dBA to 58 dBA. Some measurements reached the 60 to 70 dBA levels. The Industrial nature of the neighborhood and adjacent uses would allow for a daytime dBA of 70 and 65 dBA at night. Noise generated by the proposed use is consistent with existing neighborhood character and generally complies with State Statute. (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 A Wildlife Assessment and Mitigation Plan was prepared by WestWater Engineering. The assessment states that the wildlife values and management opportunities are very limited. It is recommended that the Applicant control noxious weeds, minimize disturbance, re- seed the property with native grasses. (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 proposed storage area is located on a portion of County Road 300 that is constructed to accommodate heavy truck traffic. It is the opinion of the Road and Bridge Department that the proposed use will not impact county infrastructure. Based on the traffic analysis conducted by G.L.G. Services, CDOT has determined that the proposed use requires a State Access Permit for County Road 300 as it connects to Highway 6 & 24. In the past, the Board has required the Applicant to obtain a State Access Permit required as a result of a land use permit. The Board must authorize the property owner to act as the Applicant on behalf of Garfield County. (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 storage area is separated from the adjacent parcel by a thirty (30) foot access easement. The adjacent use is similar in nature. The operation of a Contractors Yard is not expected to impact adjacent uses. 5 BOCC 10/15/2007 CR 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 After receiving the comments provided by Steve Anthony, Garfield County Vegetation Manager, the Applicant commissioned WestWater Engineering to prepare an Integrated Vegetation and Weed Management Plan. Steve Anthony has reviewed this plan and finds that it is acceptable. Staff recommends that the Board require the Applicant to reseed all areas disturbed during the construction of the proposed Contractors Yard. Steve Anthony shall approve the seed mix. Staff recommends the Board require the Applicant to treat the identified Salt Cedars on the subject property this fall. The Applicant shall provide documentation of treatment acceptable to Garfield County Vegetation Management within sixty (60) days from the issuance of the Special Use Permit. 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. -6 BOCC 10/15/2007 CR (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 The entrance to the subject property will be paved as required as a condition of the Garfield County Driveway Permit. All vehicles accessing the site will be licensed and in compliance with State and Federal requirements. Staff has included a recommended condition of approval requiring compliance with all applicable air quality laws and regulations. (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 does not represent uses that will generate heat, glare, radiation or fumes. (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. Staff recommends requiring the Applicant to utilize the Best Management Practices identified in the Stormwater Management Plan regarding the storage of this material. 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 subject property is visible when traveling on 1-70. Requiring fencing will not adequately screen the proposed use. Due to the industrial nature of the area and the elevation which the subject property is situated in relation to 1-70, Staff does not recommend requiring the Applicant to construct a fence for the purpose of screening the 7 BOCC 10/15/2007 CR proposed storage area. 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 Stormwater Management Plan Identifies Best Management Practices such as storing waste in sealed containers and promptly cleaning spills. 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 (C) above and the following standards: Staff Finding This standard has been included as a condition of approval. (1) The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The Subject parcel is approximately eighteen (18) acres. (2) The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Staff Finding Staff conducted a site visit to the subject property on Friday, August 24th, 2007. Residential structures closer than 300 feet to the subject property were not observed. (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 This standard pertains to storage of heavy equipment. Staff recommends that the Board require all storage of Heavy Equipment be conducted indoors at all times. 8 BOCC 10/15/2007 CR (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. e) 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. f) 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. (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. 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 is required to submit a Stormwater Management Plan to the Colorado Department of Public Health and Environment. Staff recommends that the Board require the Applicant to implement the Best Management Practices identified in the Plan. 9 BOCC 10/15/2007 CR 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; V STAFF RECOMMENDATION Staff recommends approval of the proposed Special Use Permit allowing a "Contractors Yard" with the following conditions: 1. That all representation 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. Volume and Sound generated shall comply with the standards set forth in the Colorado Revised State Statute; 3. The Applicant shall comply with all performance standards identified in §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4. A stop sign shall be installed at the entrance to County Road 300 prior to the issuance of the Special Use Permit, the stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; 5. The Applicant shall obtain a State Access Permit or a new opinion letter from Colorado Department of Transportation stating an access permit is not required prior to issuance of the Special Use Permit; 6. The Applicant shall treat the identified Salt Cedars on the subject property. Documentation of treatment shall be provided to the Garfield County Vegetation Management Department in a form acceptable to the Department; 7. All areas disturbed during construction shall be re -seeded. The seed mix shall be approved by Garfield County Vegetation Management; 8. The applicant shall provide 2,500 gallons of water storage on-site as requested by Grand Valley Fire Protection District and proof of a legal supply of water to accommodate this requirement prior to the issuance of the Special Use Permit; 9. Materials and 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 force; 10.A professional engineer shall design the ISDS for this use. A written statement sealed by the consulting engineer regarding the adequacy of the proposed - 10 - BOCC 10/15/2007 CR system to provide sanitation services to a contractor's yard shall be submitted at the time of applying for an ISDS; 11. Storage of flammable material shall be conducted utilizing the Best Management Practices identified in the Stormwater Management Plan prepared by Wagon Wheel Consulting and all applicable regulations; 12. The Applicant shall implement the Best Management Practices identified in the Stormwater Management Plan; 13. The Applicant shall submit an approved well permit allowing for the commercial use prior to the issuance of the Special Use Permit; 14.A Certificate of Occupancy for the proposed structure shall not be issued until the Chairman of the Board has signed the Special Use Permit; 15.AII storage of Heavy Equipment shall be conducted within the proposed storage building; - 11 -