Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 10.06.2003EXHIBITS COLLINS SPECIAL USE PERMIT Board of County Commissioners -October 6, 2003 Exhibit A: Proof of Certified Mailing Receipts Exhibit B: Proof of Publication Exhibit C: Garfield County Zoning Regulations of 1978, as amended Exhibit D: Garfield County Comprehensive Plan of2000, as amended Exhibit E: Staff Report dated October 6, 2003 Exhibit F: Application Materials Exhibit G: Addendum to application Exhibit H: Letter from Jake Mall, Garfield County Road and Bridge Department, dated September 3, 2003 Exhibit I: Letter from Steve Anthony, Vegetation Management dated September 22, 2003 Exhibit J: Letter from City of Rifle Planning Department dated September 9, 2003 Exhibit K: Letter from City of Rifle Public Works Director dated September 16, 2003 Exhibit L: Resolution No. 2003-31 Exhibit M: Staff memorandum dated April 14, 2003, for previous Special Use Permit (structural steel fabrication business). BOARD-10/6/03 TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: PROPERTY OWNER I APPLICANT: LOCATION: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. DESCRIPTION OF THE PROPOSAL: Special Use Permit ("SUP") The Applicant requests a SUP to allow for the following uses: 1. Log Timber Framing business 2. Truck and equipment storage, parking and repair business Betty and Bruce Collins The subject property is approximately 11 acres and is located at 4941 County Road 346, Silt. Well Individual Sewage Disposal System (ISDS) Driveway off of County Road 346. A I I (Agricultural I Industrial A I I (East and West); NRIRD (South); 1-70 (North) A. Summary of Request: The Applicant requests approval for the following uses on the subject property: 1. Log Timber Framing business (Top Notch Log Works); and 2. Truck and equipment parking, storage and repair (Don Fuller Trucking, Inc.) B. Background: Approval for a Special Use Penpit was granted earlier this year for a steel fabrication business (see Exhibits Land M). The actual Special Use Permit was issued September of this year. The steel fabrication business currently operates out of Carbondale and the purpose of the Special Use Permit was to allow this business to relocate to the subject property. To-date, the Applicant is not intending on immediately relocating the operation to the subject property and is seek alterative uses for the subject property. Collins Special Use Permit BOCC: I 016103 Page2 C. Site Description: The subject property is located north of County Road 346 and south of Interstate 70. The property contains approximately 11 acres. The property slopes from County Road 346 towards the Interstate 70. The property is sparsely vegetated with cottonwood trees along the west property boundary. The property is improved with a 40' X 60' metal pole barn I shop and an 8' wide mobile home. The Loesch Crann Ditch traverses the property in an east to west direction parallel to County Road 346. View of property looking west. View of property looking east. D. Description: 1. Log Timber Framing Business: The Applicant noted that Top Notch Log Works is a 4 year old business currently based out of Gypsum, CO. Their present facility is located 5 miles west of Gypsum on Highway 6. The Applicant indicated that their raw materials consist of timber and logs which ·arrive on semi-tractor trailers from Utah and Idaho wholesale distributors. These log and timbers are stored and formed outside into finished products., They are stored on-site until they are ready for delivery and final installatfom within various residential and commercial projects up and down the 1-70 corridor. To reach customer specifications Top Notch Log Works operations in the following manner: logs and timber are unloaded from trucks with a forklift or boom truck; the logs and timber are cut with gas powered chain saws, electric circular saws, and electric band ~ws; the logs and timber are dilled with electric hole hog drills, and sanded with a 7' hand held grinders.• The finished product is a natural looking log timber that is ready to be incorporated into the framework of a house primarily as a support member but occasionally as decorational pieces. On the site plan submitted with the application, approximately 3 acres of the western portion of the property has been designated for this operation. The Applicant has created employee parking Collins Special Use Permit BOCC: 1016103 Page3 between the Ditch and CR 346. The staging area has been located adjacent to I-70 and the storage area has been located between the Ditch and the staging area. The hours of operation will be 7:30 am to 5:30 pm, Monday through Friday, with occasional weekends, Saturday and Sunday from 7:00 am to 5:30ipm once a month. The Applicant indicated that there will be up to 6 employee vehicles per week on-site, 6 employees, and 2 to 3 delivery vehicles per month. It is anticipated that there will be 3 customer vehicles per mQnth. Aside from the existing modular home onsite, which will be used for employee bathroom, there are no structures associated with the log timber framing business. The existing shop will be used for the proposed use described below. 2. Truck and Equipment Storage, Parking and Repair: The Applicant is requesting approval for a truck and equipment storage, parking and repair area for Don Fuller Trucking, Inc. or a similar business should the lease with Don Fueller Trucking be terminated. The Applicant noted that Don Fueller Trucking, Inc. has been in the area for 6 years and is presently based in the Silt area.~ Operations include pull-in and pull-out of trucks, parkmg and storage of2 tandem dump trucks, 2 tractor-trailers, 1 equipment trailel\and/or similar equipment that may come in future leases. With respect to Don Fueller Trucking, Inc., the following activities would be conducted on the premises: parking and storage outside; maintenance of trucks inside a warehouse such as but not limited to tire repair, changing of motors, rear ends and boxes. The Applicant noted that B & B Welding, the steel fabrication business, at this point has no plans to use the existing warehouse or modular home for their business and will constructed a warehouse I office for. their needs. Therefore, Don Fueller Trucking will be utilizing the existing structures. It is anticipated that 2 acres of the subject property, as represented on the site plan, will be utilized for this operation. Truck and equipment storage and parking has been designate to an area between I-70 and the existing shop. There will be some truck parking south of the existing shop. The Applicant noted that the hours of operation will be from 6:00 am to 8:00 pm, Monday through Saturday. Any combination of2 of the tractor I trailer rigs or tandem dump trucks will access the property per day. The Applicant also ,noted that there will be 2 employee vehicles accessing the site on a daily basis. No customer visits are anticipated for this proposed use. E. Zoning: The subject property is zoned A/I (Agricultural I Industrial). The type of uses proposed falls under the definitions of "Fabrication" and "Storage" and "Material Handling" which are Special Uses in the A/I zone district. Fabrication, Storage, and Material Handling are subcategories of "Industrial Operations Classification", therefore they are subject to the standard outlined in Section 5.03.07 of the Garfield County Zoning Resolution. Collins Special Use Permit BOCC: 1016103 Page4 F. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area 2 & 3" map in the Garfield County Comprehensive Plan of 2000, as ''privately owned lands with site specific uses limitations such as flood plain, slope hazard, septic constraints, or surficial geology (mud flow, debris fan) to be evaluated at plan review. " The subject property is located within both the 2-Mile Sphere oflnfluence of the Town of Silt and the City of Rifle. This application was referred to the Town of Silt however no comments were received. Comments from the City of Rifle can be seen in Exhibits J and K. G. Adjacent Land Uses: Interstate 70 borders the property to the north. To the east is a single-family residential dwelling unit and numerous tractors and trailers. The property owner to the east had applied for a Conditional Use Permit for the storage of these tractors and trailer types of trucks (Nicola) and was approved with conditions. To the east is a single-family residential use and a couple of outbuildings. To the south is County Road 346. Beyond County Road 346 is vacant land. H. Road/ Access: The primary access to the subject area is an existing driveway off of County Road 346. ~o improvements to the access onto County Road 346 are anticipated as part of this request. The Applicant is proposing to modify the internal road/driveway to include a circular driveway and access to the staging and storage areas for the log timber framing business. I. Applicability: Pursuant to Section 9.03.04 of the Zoning 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. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agencies for comments. Comments that were received from any of the following agencies have been integrated throughout this memorandum as applicable. 1. City of Rifle: Exhibit J& K. 2. Town of Silt: No comment. 3. Rifle Fire Protection District: No comment. 4. Colorado Department of Public Health & Environment: No comment. 5. Garfield County Road and Bridge Department: Exhibit H. 6. Garfield County Vegetation Management: Exhibit I. Collins Special Use Permit BOCC: 1016103 Page5 III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following standards: I. 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. Response: There is an existing well on the subject property east of the barn/shop which is delineated on the site plan. The Applicant submitted the well permit that was issued to the property July of this year. However, as noted in Item 6 of the Well Permit, "the use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, drinking and sanitary facilities for a commercial business (structural steel fabrication shpp), the irrigation of not more than 6, 000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of not more than twenty (20) head of non-commercial domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Collins Well. " As noted above, the well permit was only issued for the structural steel fabrication shop and not for the proposed uses that are part of this application. The<Applicant will need to reapply for a well permit to allow for the additional uses. The Applicant is in the process of obtaining a new Well Permit. Irrigation for any green space on the property will come from the propertfs 2 shares of the Loesch Crann Ditch, as seen in the Warranty Deed (BK 1479, PGS 563-564, Reception No. 629183), which runs through the property year around, as well as the amount of water allowed in the Well Permit. The Applicant indicated that there will be no use of either groundwater or natural surface water for the proposed uses. The Applicant indicated that the trailer is connected to an existing 1,000 gallon septic and leach field. The old septic system will eventually be removed and a new septic system will be installed. Existing power to the existing shop and trail is by means of a 110/220 volt single phase. The Applicant will eventually upgrade the power to the site by means of a 227/480 volt 3 phase power. Power will be extended to the staging area of the log timber framing business. There is an existing 500-gallon propane tank which provides heat to the existing modular trailer. 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. Collins Special Use Permit BOCC: 1016103 Page6 Response: Access to the property is a driveway off of CR 346. The Applicant asserted that some driveway improvements are anticipated, such as widening access and the addition of road base or black top as necessary. The Applicant will be extending access within the property to the log timber framing business as represented on the site plan. At the time the Applicant applied for a Special Use Permit for the structural steel fabrication business, Jake Mall, Garfield County Road and Bridge Department, provided the following comments: A. No offloading and parking shall take place on County Road 346. B. Since the proposed business will generate more traffic entering County Road 346, a stop sign shall be installed at the entrance onto County Road 346. The stop sign shall comply with the standards set forth in the Manual on Uniform Traffic Control Devices. The Applicant has installed a stop sign at the entrance,onto County Road 346. This SUP request was referred again to the Road and Bridge Department. Jake Mall provided the following comments (see Exhibit H): 1. All comments on the previous SUP application shall be referenced on this SUP. 2. The existing driveway will be brought up to the new driveway access regulations with a new driveway permit issued by the Road and Bridge Department. 3. The new driveway access permit with conditions specified will be issued upon approval of this SUP by the BOCC. As far as traffic is concerned, the Applicant indicated that there will be 6 employee trips per week, 2 to 3 delivery vehicle trips per month and 3 customer vehicle trips per month for the log timber framing business. As for the truck and equipment storage business, the Applicant indicated that there will be 2 tractor I trailer trips or tandem dump truck trips per day and 2 employee vehicle trips per day. It is unclear as to whether employees will drive to the site leave their personal vehicles on site and return at the end of the day to pick up their personal vehicles. Staff is of the opinion that due to the increase of uses on the property, the driveway within t!ie property shall be paved to eliminate dust on adjacent properties and 1-70. 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. Response: At present, the subject property is highly visible from CR 346', 1-70 and adjacent properties. The property is located below Interstate 70 and the adjacent property to the east. There are some cottonwoods along the west propertY. boundary which provides screening. Collins Special Use Permit BOCC: 1016103 Page 7 As part of the previous SUP, a condition of approval for screening of the property included the following, "the area of the storage of raw materials will be screened with appropriate berm (minimum 4' in height) and trees, and/or fencing on the north and trees or other vegetative growth on the east and west. " Staff is of the opinion that this condition shall be modified to read as follows: Along the entire length of the north side of the property, adjacent to 1-70, the Applicant shall install a berm, minimum of 4' in height with trees along the top of the berm in 2 foot intervals. Along the east and south sides of the property, the entire length, the Applicant shall install trees and other vegetative growth. Along the west side of the property, the Applicant shall enhance the existing vegetative growth with additional trees or vegetative growth. Comments where received from the City of Rifle regarding the proposed landscaping and screening. According to Lochen Wood, the City of Rifle supports the screening in the form of a berm and landscaping, however, the berm may need to be higher than 4 feet and the landscaping may need to include more than trees in order to effectively screen the activity from 1-70. Fencing is not preferred. The Applicant noted that lighting for the proposed uses will be installed only as necessary for night-time safety and security purposes and will be directed downward and inward. Signage for the proposed uses will comply with county standards and will be placed on the north site of the lot adjacent to 1-vO. A sign permit is required to be obtained by the County prior to installation. The existing propane tank has been painted in earth tones. The Applicant shall note that as a result of any disturbance of land mitigation of County listed noxious weeds shall occur. Comments were received from Steve Anthony, Garfield County Vegetation Manager (see Exhibit I). Mr. Anthony indicated that there is a presence of two (2) County listed Noxious Weeds on the subject property: Russian olive and Russian knapweed. The Russian olive is located along the western boundary of the property and the knapweed is located along both sides of the irrigation ditch. Mr. Anthony requests that a weed management plan be submitted prior to the approval of the SUP that provides for the fall 2003 management of these two weeds. To-date, a weed management plan has not been submitted by the Applicant. Pursuant to Section 5. 03. 10, uses listed as Special Uses shall be permitted only: 1. Based on compliance with all requirements listed herein, and; 2. Approval by the County Commissioner, which Board may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses or required additional off-street parking, screening fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety and Collins Special Use Permit BOCC: 1016103 Page8 welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use. · Response: Staff sees no reason for the Board to impose any special conditions. Section 5.03.07 {Industrial Operations/: Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of sUl'face run-off, streamflow or ground water. Response: The Applicant noted that there is no real or potential impact to surface or ground water supplies from the proposed uses. The Applicant noted that the proposed uses will not involve the use of chemicals or materials in a manner that will pollute surface or ground water sources on or adjacent to the property. However, since the property gently slopes in a northward direction from CR 346 to the Loesch Crann Ditch and a graveled parking area is proposed between CR 346 and the Ditch, there maybe some impact to the ditch by storm water runoff and ultimately affects to downstream properties. In addition, since there will be storage of truck for both uses which may leak oils and other hazardous liquids from the vehicles there may be some surface run-off that may affect the ground water. Staff is of the opinion that a drainage study shall be conducted to determine if there are any impacts to the Loesch Crann Ditch and othe.r adjacent properties by the proposed uses on the subject property. The City of Rifle reviews construction activities in the watershed of the City's water treatment facilities. Bill Sappington of the City of Rifle noted that a Watershed Permit-is not required. Mr. Sappington noted that the proposed activity is located in the watershed, however, the proposed log timber framing business does not pose a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply. (BJ Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response: With respect to the log timber framing business, the Applicant noted that other than the sounds of the vehicle traffic to the site and unloading of raw material, there will be noise generated from chain saws, saw mill, and sander operations. The Applicant provided a sound study I noise test conducted by Paul Straw, a partner in Top Notch Log Works, at their current site outside of Gypsum. Mr. Straw utilized a sound meter that he purchased at Radio Shack. All equipment to be used on the subject property was measured on the "A" scale of the standard Collins Special Use Permit BOCC: 1016103 Page9 sound meter with a wind velocity of less than 5 mph at the time the test was taken. The following were the results: Distance MeterRead CRS 25-112-103 Max. Allowed Ambient Noise on Subject 25 ft 76-84 deb property (I-70) Ambient Noise on Test 60-62 deb Site Prop. Crane 25 ft 78-88 deb 80-90 deb Boom truck 25 ft 76-90 deb 80-90 deb Skid Steer 25 ft 79-84 deb 80-90 deb Sawmill 25 ft 76-82 deb 80-90 deb Chainsaw 25 ft 79-90 deb 80-90 deb The Applicant indicated that the generation of vapor, glare, smoke, dust or other emanations will comply with applicable Federal, State and County air quality laws, regulations and standards. In the event of potential violations with respect to vapor, dust, smoke, noise, glare or vibration, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards (CJ 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. Response: The application did not contain an analysis of wildlife impacts on the property. Waste generated by the proposed uses shall be stored in wildlife proof receptacle (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response: As noted previously in this memorandum, the Applicant is anticipated the following trip generation for the propose uses. The table below also includes the trip generation of the steel fabrication business that recently received SUP approval on the subject property. Log Timber Framing Truck I Equipment Business Stora2e Business Employees 6 per day 2 per day Delivery of Supplies 2-3 delivery per month ? Customers 3 customers per 0 customers month Storage of Vehicles 2 tandem dump on-site trucks, 2 tractor- trailers, I equipment trailer Collins Special Use Permit BOCC: 1016103 Page 10 Steel Fabrication Business 10 employees with potential of 26 employees per day 2-3 per wk with potential of 4-5 per wk 10 customers per wk with potential of 20 oerwk (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response: The property is located between to two residential uses, the interstate and county road. The property owner to the east (Nicole) went through the conditional use permit (CUP) process for the storage of trucks and trailers. A condition imposed on that CUP was that "the Applicant shall install trees and shrubs along the perimeter of the property in order to effectively screen view of the trucks store on the property. " The impact to the property to the west should be minimal since the proposed use will be primarily located near the east end of the property. As noted previously in this memorandum, the following condition of approval shall be imposed on this SUP due to the increase in the uses proposed on the subject property: Along the entire length of the north side of the property, adjacent to l-70, the Applicant shall install a berm, minimum of 4' in height with trees along the top of the berm in 2 foot intervals. Along the east and south sides of the property, the entire length, the Applicant shall install trees and other vegetative growth. Along the west side of the property, the Applicant shall enhance the existing vegetative growth with additional trees or vegetative growth. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5. 03. 08 of this Resolution Collins Special Use Permit BOCC: 1016103 Page 11 Response: Mitigation measures for all of the foregoing impacts identified have been addressed throughout this memorandum. Mitigation measures for the standards identified in Section 5.03.08 [Industrial Performance Standards] of the Garfield County Zoning Resolution are addressed beginning on Page 10 of this memorandum. Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response: The Applicant has agreed to appropriate and reasonable mitigation measures ifthe Board recommends any."' It is staff's opinion that should the businesses cease, the materials associated with the log timber framing business shall be removed from the site. As for the truck and equipment storage business, all trucks and equipment and associated materials shall be removed from the property. The•structures shall be allowed to remain. (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 County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Response: The Applicant has agreed to comply with this provisions if deemed necessary by the Board of County Commissioners. (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) Response: See responses in Section 5.03.08 below. Section 5.03.08 Vndustrial Performance Standards}: Pursuant to section 5.03.08 of the Zoning Resolution, 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: Collins Special Use Permit BOCC: 1016103 Page 12 (1) Volume of 1Sound.generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Response: Please refer to the response to the standard in section 5.03.07(B) on page 8 of this memorandum for a discussion of anticipated volume of sound and vibration generated by the proposed uses. The Applicant noted that all proposed operations on the site shall comply with the maximum standards established in the CRS 25-12-103. Upon a receipt of a legitimate allegation of a violation with respect to noise, the Applicant.)ViII be required to provide proof of compliance with State dB levels. 5hit/ (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. Response: Upon a receipt of a legitimate allegation of a violation with respect to vibration, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (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: The Applicant asserted that the site will not contain point sources subject to regulation under the Colorado Air Pollution Prevention and Control Act, CRS 25-7-101 et. Seq., and as such no permits (APEN) or other approvals from the Division of Administration (CDOH&E) I Air Quality Control Commission I Colorado Department of Public Health and Environment shall be required as a condition precedent to the special use permit. Upon a receipt of a legitimate allegation of a violation with respect to smoke or particulate matter, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County 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. Response: The Applicant asserted that no emission of heat or radiation is anticipated as part of this project aside from the emissions from vehicles and trucks. Upon a receipt of a legitimate allegation of a violation with respect to the emission of heat and radiation by the proposed use, Collins Special Use Permit BOCC: 1016103 Page 13 the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (5J Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (AJ 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 I comments from the appropriate local protection district regarding compliance with the appropriate codes; Response: The Applicant noted that less than 120 gallons of diesel and gasoline will be stored above ground and used on-site for the log timber framing business. With respect to the truck and equipment storage business, the Applicant asserted that waste oil will be stored in a 55 gallon disposal barrel to be emptied on a periodic basis by an appropriate local waste disposal company. Fresh Oil "Rotella" shall be stored in 55 gallon dispenser drums. The Applicant noted that after speaking to the Silt Fire Protection Department, any storage of these materials must be done at least 25' from the property lines, 5' from any storage areas, or·5' from any streets or alleys. The Applicant has indicated compliance with the requirements and all storage of flammable or explosive solids or gases will be in accordance with accepted standards and laws and shall comply with national, state and local fire codes. •Prior the issuance of the actual Special Use Permit, the Silt Fire Protection Department shall sign off on the storage of these materials'. (BJ 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: Fencing and landscaping have been addressed previously in the memorandum. (CJ 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; Response: All garbage generated will be stored within wildlife proof garbage receptacles and shall be removed on a regular basis. (DJ Storage of Heavy Equipment will only be allowed subject to (AJ and (CJ above and the following standards: 1. The minimum lot size is five (5J 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. Collins Special Use Permit BOCC: 1016103 Page 14 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. 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. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Response: No storage of heavy equipment is proposed or anticipated. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (A97-l l 2) Response: The storage area for the raw logs and timber for the log timber framing business will encompass approximately 2.5 acres of the 11 acres ofland. The storage area for the trucks and equipment for Don Fueller Trucking encompass approximately 3 acres. (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 (A97-l l 2) Response: The Applicant indicated that all lighting will be minimized and will be pointed downward and inward to the property center. All light fixtures shall be designed and placed to prevent direct reflection on adjacent properties, Interstate 70 and County Road 346. (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 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. Response: Water pollution and runoff has been addressed previously in this memorandum. Staff recommends that the Applicant provide a drainage study to determine an affects to the Loesch Crann Ditch and adjacent properties as a result of the proposed uses. The proposed use will not involve the use of chemicals that will pollute surface or ground water sources on or adjacent to the property. This application was referred to the Office of Public Health and Environment for comments, none were received. In the event of potential violations with respect to water pollution, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. Section 9.03.05 {Periodic Review o(SUP/: Pursuant to section 9.03.05 of the Zoning Resolution: Collins Special Use Permit BOCC: 1016103 Page 15 Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every six months. Staff is of the opinion that a periodic review of the Special Use Permit shall be required yearly. The Applicant shall submit a letter indicated compliance or non- compliance with the Special Use Permit conditions. IV. RECOMMENDED 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 Com.missioners 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 Zoning Resolution of 1978. V. RECOMMENDATION: Collins Special Use Permit BOCC: 1016103 Page16 Staff recommends that the Board APPROVE the Collins Special Use Permit for a log timber framing business and a truck and equipment storage and repair business, subject to the following conditions: I. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. All conditions of Resolution No. 2003-31 (Exhibit L) shall remain in effect unless otherwise amended by this Resolution. 3. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 4. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality. 5. The Applicant shall comply with the Garfield County Noxious Weed Management Plan. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide a weed management plan outlining management of the Russian olive and Russian knapweed currently on the property which shall be reviewed and approved by the Garfield County Vegetation Manager 6. Along the entire length of the north side of the property, adjacent to 1-70, the Applicant shall install a berm, minimum of 4' in height with trees along the top of the berm in 2 foot intervals. Along the east and south sides of the property, the entire length, the Applicant shall install trees and other vegetative growth. Along the west side of the property, the Applicant shall enhance the existing vegetative growth with additional trees or vegetative growth. 7. All lighting fixtures shall be designed and placed to prevent direct reflection on adjacent properties, Interstate 70 and County Road 346. 8. The Applicant shall comply with the following recommendations from the Garfield County Road and Bridge Department: a. A new driveway access permit shall be obtained from the Road and Bridge Department. b. No off-loading or parking shall take place on County Road 346. 9. 10. 11. 13. 14. 15. 16. Collins Special Use Permit BOCC: 1016103 Page 17 c. The existing driveway shall be brought up to the new driveway access regulations with a new driveway permit issued by the Road and Bridge Department. Vibration, emission of smoke and particulate matter, and the emission of heat or radiation shall comply with applicable Federal, State, and County laws, regulations and standards. The Applicant shall obtain and provide the Planning Department a copy of the new well permit which allows the additional proposed uses. This permit is granted for the timber log framing business, including a staging area, raw material storage and employee parking, as well as a truck and equipment parking, storage and repair business, including designated parking and storage areas as presently described. In the event any representations made in the application for which this permit is granted change and are no longer consistent with the representations in this application, the Applicant shall be required to submit a new permit application to the county addressing the changes. Garfield County shall enforce appropriate noise regulations which may require the Applicant to meet the "Residential' zone noise level (55 db(A)) pursuant to Colorado State Statue 25-12-130. Due to potential polluted run-off from the graveled parking areas and the staging area for the log timber framing business, the Applicant shall provide a drainage study, prior to the issuance of the actual Special Use Permit, by a qualified engineer licensed to practice in the State of Colorado that demonstrates the impact, if any, to the Loesch Craun Ditch or other adjacent properties of the amount of water run-off from the site as well as the quality of water that is generated. All waste shall be enclosed within wildlife proof garbage receptacles. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide in writing from the Silt Fire Protection District approval of the appropriate storage of hazard materials, i.e. diesel and gasoline, fresh oil "Rotella" and waste oil. The Applicant shall submit a yearly review for compliance with the Special Use Permit in accordance with section 9.03.05 of the Zoning Resolution of 1978, as amended 8/21/2003 1 :50 PM FROH "?5-0417 B _B Welding, Inc. TO: 384-3470 r "':: 002 OF 002 August 21, 2003 I3etty J. Collins 810 Co. Rd. 223 Rifle, Co. 81650 RE: Log Timber framing Special Use Pem1it Dear Tamara, I would like to amend the application for the Log Timber Framer, he has infonned me that he would only being using 3 acres. On the special use pcm1it you have put 3-5 acres, should I cross out the 5 on the notice sign? Thank you, Betty Collins EXHIBIT '1 09/02/2003 21:17 &258&27 ROAD AND BRIDGE GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: 8/29/2003 Cominents Due: 9/1912003 Name of application Collins SUP Sent to: Garfield County Road and Brisfse Dwt. 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 fonn may be used for: your respon~ 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: Tamara Pregl l 09 8111 Street, Suite 301 Glenwood Springs, CO 8I601 Fax: 970-384-3470 Phone: 970-945-8212 General comments: All comment~ Qn the previous submittal for Betty or Bruce Collins will be referenced on this $Uf. The existing driveway will be brought UR to the n~ <friyeway access resulations with a new driveway permit issued by the Raad and Bridae Devanment. The new drivCWIY access pernUt with conditions s_pecified will be issued ypon APmQval of this SUP by the BOCC. Name of review agency: Garfield Countv Road apd Bridge DCJ)t By: Jake B. Mall Date 9/03/2003 ___ _ Revised 3/30/00 EXHIBIT * EXHIBIT 1r MEMORANDUM To: Tamara Pregl From: Steve Anthony Re: Comments on the Collins SUP Date: September 22, 2003 Thanks for the opportunity to comment on the SUP. My comments are as follows: 1. Noxious Weeds I looked at the property from the County Road and noticed the presence of two County Listed Noxious Weeds: Russian olive and Russian knapweed. The Russian olive is located along the western boundary of the property and the knapweed is located along both sides of the irrigation ditch. I am requesting that the applicant provide a weed management plan, prior to the approval of this SUP that provides for the fall 2003 management of these two weeds. ) ) EXHIBIT CITY of RIFLE 202 Railroad Ave.• P.O. Box 1908 •Rifle, Colorado 81650 • (970) 625-2121• Fax (970) September 9, 2003 Tamara Pregl Garfield County Planning 108 8111 St, Ste. 201 Glenwood Springs, CO 81601 RE: Collins SUP Dear Ms. Pregl, RECEIVED SEP 1 0 2003 GARFIELD COUNTY BUILDING & PLANNING From reviewing the proposal for the Collins SUP, I see that the applicant proposes to screen the activities from I-70 with a berm and trees, and/or fencing. We support the screening in the form of a berm and landscaping. However, the benn may need to be higher than 4 feet and the landscaping may need to include more than trees in order to effectively screen the activity from I-70. Fencing would not be prefetTed. In addition, the project will require a Watershed Pennit from the City of Rifle. Enclosed with this letter is the application fonn. For more inf01mation about this application, please contact the Public Work Department at 970-625-6224. Sincerely, Lochen Wood Planner c. Planning Director Public Works Director Planning and Development Dept. • 970-625-6224 • (fax) 970-625-6268 • planning@rifleco.org • I City of Rifle Public Works Department 202 Railroad Avenue, Rifle, CO 81650 •Phone: 970-625-6224 • Fax: 970-625-6268 • www.rifleco.org Watershed Permit Application Property Information) Address:---------------------------------~ USGS Quarter Section Location: _________________________ _ Access to Property: _____________________________ _ Brief Description of Application (Provide additional Sheets as necessary) Instructions for Submittal • Original completed applications must be provided. Copies are not acceptable. • Incomplete applications will not be accepted and will delay processing. All documents, plans, plats, etc. submitted shall be no larger than 8 1/2" x 14" in size or folded to that or a smaller size. • Attach check made out to City of Rifle in the amount of $250.00. STAFF USE ONLY Applicant: __________________ .Phone# _________ _ Fees: _________________ (date) ____________ _ Application Received (date) ________________________ _ Permit Application Number:. ___ _ Watershed -Colorado/ Beaver (circle one) 112 frev. 8-30) Project Team Information (fill in a,, .01at apply) (add additional sheets if needed): Property Owner(s): Name: _________________ Phone:---------~ Address:-----------------------------------~ Authorized Representative: (If different from owner) Name: _________________________ Phone: _________ ~ Address:-----------------------------------~ Developer/Subdivider: Name: _________________ Phone:---------~ Address:-----------------------------------~ Engineer(s): Name: _________________ Phone: _________ ~ Address:-----------------------------------~ Billable party: D Owner D Representative D Developer D Engineer Billable Party The Billable Party, by signing below, hereby agrees to reimburse the City the actual costs to the City for engineering, surveying, and legal services rendered in connection with the review of the Application. The Billable Party agrees that interest shall be imposed at rate of 1.5% per month on all balances not paid within thirty (30) days of the date of the statement. In addition to any and all remedies available to the City and in the event the City is forced to pursue collection of any amounts due and unpaid, the City shall be entitled to collect attorney's fees and costs incurred in said collection efforts in addition to the amount due and unpaid. Name (printed) Address City/Town Zip Code Phone Fax Signature Type of Identification County of _______________ _ SS State of _______________ _ Sworn to and subscribed before me this ______ day of=,....---.--,---------,------ (fill in month) (fill in year) BY,..----,-...,,-------------(name printed) Witness my hand and official seal. Notary Public My Commission expires __________ _ 2/2 frev. 8-30) T0:9703843470 EXHIBIT ~ SEP-16-2003 08:35 FROM:CITY OF RIFLE 1-970-625-6268 ) CITY ef RIFLE 202 RAILROAD AVENUE• P.O. BOX 1908 •RIFLE, COLORADO 8l650 • (970)62S-2121 •FAX (970)625-3210 September 16, 2003 Mr, and Mrs. Bruce & Betty Collins 810 CR 223 Rifle CO 81650 Dear Mr. And Mrs. Collins: Public Works Fax: 970-{325-6268 Re: Watershed Penni! No Watershed Permit is required from the City of Rifle for the proposed log timber framing business to be located at 4941 CR 346. Silt co and subject to your Garfield county Special Use Permit application. The City of Rifle reviews ·construction activities in the watershed .of the City's water treaiment facilities. Tt:ie proposed activity is located in that watershed. However. the proposed use does not pose a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply and therefore does not need a permit. If you have any questions, please call me at 970-625-6223. Sincerely, Bill Sappington, P. E. Public Works Director Cc: Matt Sturgeon, Planning Director ---·--·----· -- Post-it' Fax Note To p From Co./Depr. Co. Phone# Fa.x II -% -lf 7u Fax# .• . ) j · 1111111111111111111111111111111111111~1 1Jlllll llll llll EXHIBIT 626799 05/06/2003 02:10P 81467 P76 M RLSDORF 1 of 4 R 0.00 D 0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Conunissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 14th day of April A.D. 2003, there were present: ~J o=hn="-'M~a~rt=in~-----------' Commissioner Chairman ~L~aITY~~M~cC~o~w_n~----------' Commissioner _T_re_s_i _H_o_u_p_t ____________ , Commissioner D=-=-o=n-=D"--'e=F-=o=rd=-------------' County Attorney --'-M=i=ld=-re-'-'d""""'A~ls~d~orf=-----------' Clerk of the Board ~E~d_G~r~e~en~------------' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2003-31 A RESOLUTION CONCERl~ED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR THE A STRUCTURAL STEEL FABRICATION SHOP AND STORAGE YARD FOR RALPH FRITZLAN AND KATHY HANGS WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Bruce and Betty Collins, on behalf of Ralph Fritzlan and Kathy Hangs, for a special use permit ("SUP")' to allow for approval of a structural steel fabrication shop and storage yard within the A/I (Agricultural I Industrial) zone district; and WHEREAS, the Board held a public hearing on the 14\h day of April, 2003, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, it was established that the SUP runs with the land and is issued to the property owner, Ralph Fritzlan and Kathy Hangs, and upon sale of the property to Betty and Bruce Collins, the SUP shall remain in effect; WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 : 'i illlll lllll llllll llll lllll llllll llll"' . l.~11111111111 626799 05/06/2003 02:10P 81467 r11 M RLSDORF 2 cf 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 Zoning Resolution of 1978. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved, subject to compliance with all of the following specific conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality. 4. The Applicant shall comply with the Garfield County Noxious Weed Management Plan. 5. Building permits are required for the new structures. 6. The area of the storage of raw materials will be screened with appropriate berm (minimum 4' in height) and trees, and/or fencing on the north and trees or other vegetative growth on the east and west. 7. All lighting fixtures shall be designed and placed to prevent direct reflection on adjacent properties, Interstate 70 and County Road 346. 8. The Applicant shall comply with the following recommendations from the Garfield County Road and Bridge Department: a. No off-loading or parking shall take place on County Road 346. b. A stop sign shall be installed on the property to the entrance to County Road 346. The sign shall be installed in conformance with standards set forth in the Manual on Uniform Traffic Control Devices. 2 . · 1111111·11111111111111111111111111111~·1 ·~ lllll 11111111 626799 05/06/2003 02:10P B1467 .d M ALSDORF 3 of 4 R 0.00 0 0.00 GARFIELD COUNTY CO 9. Vibration, emission of smoke and particulate matter, and the emission of heat or radiation shall comply with applicable Federal, State, and County laws, regulations and standards. 10. The Applicant shall comply with all Local, State and Federal Fire Codes that pertain to the storage of oxygen, acetylene and mineral spirits. 11. The Applicant shall obtain and provide the Planning Department a copy of an exempt commercial well permit. Should water usage exceed 1/3 acres feet, the Applicant shall obtain the additional contract water from West Divide Conservancy District. 12. Any uses in addition to the steel fabrication shop, office and storage yard the property owner shall obtain any additional special use or conditional use permit necessary. 13. The property owner shall meet the appropriate noise standards which may require the Applicant to meet the "Residential' zone noise level pursuant to Colorado State Statue 25-12-130. Dated this 5th day of_~M~a.,,,y,__ ____ , A.D. 2oU__. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the forego· following vote: =C=O=M=M=I=S=S=IO=N~E=R=C=H=A==IR=J~O=HN~=F~.M~A~R=T=IN~~~~~~~~-'Aye =C=O~M=M=I=S=SI~O~N=E=R~L~A~R~R~Y~L=·~M~C~C~O~WN_._,_,_~~~~~~~~~'Aye ~C=O~M=M=I=S=SI~O~N=E=R~T~R=E=SI~H~O~U=P~T,___~~~~~~~~~~-'Aye STATE OF COLORADO ) )ss County of Garfield ) the I, , County Clerk and ex-officio Clerk of the Board of 3 .\ \11\\\·lllll llllll llll l\lll llllll lllP' i11111111 , .. , 626799 05/06/2003 1112: 10P B 1467 . , ,1 RLSDORF 4 of 4 R 111.111111 D 111.111111 GARFIELD ~~~NTY CO County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4 ) _) EXHIBITS COLLINS SPECIAL USE PERlVIIT Board of County Commissioners -April 14, 2003 Exhibit A: Proof of Certified Mailing Receipts Exhibit B: Proof of Publication Exhibit C: Garfield County Zoning Regulations of 1978, as amended Exhibit D: Garfield County Comprehensive Plan of 2000, as amended Exhibit E: Staff Report dated April 14, 2003 Exhibit F: Application Materials Exhibit G: Letter from Jake Mall, Garfield County Road and Bridge Department, dated March 21, 2003 Exhibit H: Letter from City of Rifle, dated March 28, 2003 EXHIBIT BOARD -4/14/03 TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT(S): PROPERTY OWNER: LOCATION: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. DESCRIPTION OF THE PROPOSAL: Special Use Permit ("SUP") The Applicant requests a SUP to allow for a structural steel fabrication shop and storage yard. Betty and Bruce Collins Ralph Fritzlan and Kathy Hangs The subject property is approximately 11 acres and is located at 4941 County Road 346, Silt. Well Individual Sewage Disposal System (ISDS) Driveway off of County Road 346. A I I (Agricultural I Industrial A I I (East and West); AIR/RD (South); I-70 (North) A. Summary of Request: The Applicant requests approval structural steel fabrication shop and storage yard. B. Site Description: The subject property is located north of County Road 346 and south of Interstate 70. The property contains approximately 11 acres. The property slopes from County Road 346 towards the Interstate. The property is sparsely vegetated with cottonwood trees along the west property boundary. The property is improvement with a 40' X 60' metal pole barn I shop and an 8' wide mobile home that has been expanded over the years. There is a corral area along the east portion of the property. There are a variety of campers and ranch I agricultural machinery scattered throughout the property, which will be removed upon sell of the property and approval of the Special Use Permit. The Loesch Crann Ditch traverses the property in an east to west direction parallel to County Road 346. View of a portion of the property west Collins Special Use Permit BOCC -4114103 Page2 View of a portion of property east C. Description: The Applicant has operated a steel fabrication business (B&B Welding) out of Carbondale for the last 14 years. The present facility in Carbondale is in the center of the Town of Carbondale and is limited on parking and storage of materials. The Applicant is in the process of acquiring the subject property in order to relocate the existing business for the purpose of additional storage of the raw materials. The subject property will provide sufficient outside maneuvering of raw materials and provide for additional storage of steel materials, such as beams and columns. The Applicant noted that the raw steel materials, such as beams, columns and miscellaneous steel, arrived by semi-tractor trails and vans from Denver and Grand Junction. These materials are stored outside until they are ready for fabrication. The raw steel material is processed by a variety of methods. These methods include cutting with torches or sawed, punching with a beam punch or ironworker, drilling with slugger cutter, grinding with hand held grinders, welding with manually operated welding machines and primer coating with airless pain sprayers. Once fabricated, to the customer's specifications, these steel products are delivered to various locations throughout the Roaring Fork Valley and I-70 corridor. The Applicant noted that 4.5 acres of the approximately 11 acres shall be utilized for the steel fabrication business. The Applicant indicated that the future plans of the property include either subdividing the property, or leasing a portion of the property for additional uses. The Applicant shall note that any additional uses may require special or conditional use approval in the A/I zone district or may be prohibited. The hours of operation will be 7:00 am to 5:00 pm, Monday through Friday. The Applicant indicated that there shall be, at some point in the future, up to 20 shop employees and 6 office personal on site. Four to five (4-5) deliveries are anticipated per week, as well as 20 customer visits per week. Collins Special Use Permit BOCC -4114103 Page3 The Applicant is proposing to replace the existing metal shop with a new 60' X 80' shop building, and the existing trailer will be replaced by a 2,400 square foot office building in the future. The location of the existing structures and the approximate location of the new structures have been delineated on the site plan. D. Zoning: The subject property is zoned A/I (Agricultural I Industrial). The type of use proposed falls under the definitions of"Fabrication" and "Storage" which is a Special Use in the A/I zone district. Both Fabrication and Storage are subcategories of "Industrial Operations Classification", therefore they are subject to the standard outlined in Section 5.03.07 of the Garfield County Zoning Resolution. E. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area 2 & 3" map in the Garfield County Comprehensive Plan of 2000, as ''privately owned lands with site specific uses limitations such as flood plain, slope hazard, septic constraints, or surficial geology (mud flow, debris fan) to be evaluated at plan review. " The subject property is located within both the 2-Mile Sphere of Influence of the Town of Silt and the City of Rifle. This application was referred to the City of Rifle (See Exhibit H) and the Town of Silt (no comment). F. Adjacent Land Uses: Interstate 70 borders the property to the north. To the east is a single-family residential dwelling unit and numerous tractors and trailers. The property owner to the east has applied for a Conditional Use Permit for the storage of these tractor and trailer types of trucks (Nicola). No determination from the Board has to been made. To the east is a single- family residential use and a couple of outbuildings. To the south is County Road 346. Beyond County Road 346 is vacant land. G. Road/ Access: The primary access to the subject area is an existing driveway off of County Road 346. No improvements to the access onto County Road 346 are anticipated as part ofthis request. The Applicant is proposing to modify the internal road/driveway to include a circular driveway. H. Applicability: Pursuant to Section 9.03.04 of the Zoning 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. II. REVIEW AGENCY AND OTHER COMMENTS: Collins Special Use Permit BOCC-4114103 Page4 Comments were received from the following agencies are have been integrated throughout this memorandum as applicable. I. City of Rifle: Exhibit H. 2. Town of Silt: No comment. 3. Town of Silt Fire Department: No comment. 4. Garfield County Road and Bridge Department: Exhibit G. III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following standards: I. 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. Response: There is an existing well on the subject property east of the barn/shop which is delineated on the site plan. The Applicant provided copies of a 'well completion and pump installation report' and a 'permit application form' that was approved by the State Engineer in 1982. The condition of approval for the well indicates that the well was "approved for household use only, for one (1) single family dwelling and not to be used/or irrigation. The return flow from the use of this well must be returned to the same stream system in which the well is located. " It appears from the pump installation report submitted to the State in 1987, the well pumped 2 gallons per minute for 1 hour. No recent information has been provided. The Applicant indicated that water on site will be used for bathroom and drinking purposes in both structures. The Applicant noted that an above ground holding tank will be provided for adequate quantity and pressure. The Applicant spoke with the a representative from the Colorado Division of Water Resources and West Divide Conservancy District with respect to the existing well and its adequate use for bathroom and drinking purposes. Staff understands that the Applicant was provided with three options. These options include: 1. The existing water is adequate for the proposed use, however, the Applicant will need to change the existing domestic well permit to an exempt commercial well permit. 2. Shall the usage of water exceed 1/3 acre feet, the Applicant shall apply to the West Divide Conservancy District to purchase additional contract water. Collins Special Use Permit BOCC -4114103 Page5 3. If there is 600 feet between existing and adjacent wells, the Applicant may have the ability to punch an additional well for future subdivision. · Irrigation for any green space on the property will come from the property's 2 shares of the Loesch Crann Ditch, which runs through the property year around. The Applicant indicated that there will be no use of either groundwater or natural surface water for the Facility. Prior to the issuance of the actual Special Use Permit, the Applicant shall obtain an exempt commercial well permit from the State for the proposed use. Shall water usage exceed 1/3 acres feet, the Applicant shall obtain additional contract for water. A copy of this permit shall be provided to the County. In addition, the Applicant shall provide documentation with respect to the use of the Loesch Crann Ditch. The Applicant indicated that the trailer is connected to an existing 1,000 gallon septic and leach field. The old septic system will be removed and a new septic system will be installed. Existing power to the existing shop and trail is by means of a 110/220 volt single phase. The Applicant is proposing to upgrade the power to the site by means of a 227/480 volt 3 phase power. 2. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide scife, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Response: Access to the prope1iy is a driveway off of CR 346. The Applicant asserted that some driveway improvements are anticipated, such as widening access and the addition of road base or black top as necessary. Jake Mall, Garfield County Road and Bridge Department, provided the following comments (See Exhibit G): A. No offloading and parking shall take place on County Road 346. B. Since the proposed business will generate more traffic entering County Road 346, a stop sign shall be installed at the entrance onto County Road 346. The stop sign shall comply with the standards set forth in the Manual on Uniform Traffic Control Devices. 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. Response: The Applicant indicated that with the exception of delivery trucks, storage of raw materials, and the loading and loading of materials, the proposed use will be confined to the Collins Special Use Permit BOCC-4114103 Page 6 warehouse. The Applicant asserted that design of the proposed use will be organized to minimize impact on and from adjacent uses I properties through the installation of screened fences or landscape materials on the periphery of the lot. The Applicant noted that employee parking on site will be adjacent to the warehouse. Lighting will be installed only as necessary for night-time safety and security purposes and will be directed downward and inward. Signage will comply with county standards and will be place on the I-70 site of the warehouse. This property is highly visible from County Road 346, Interstate 70, and adjacent properties. This property is located below Interstate 70 and the adjacent property to the east. There are some cottonwoods along the west property boundary which provides screening. It is staff opinion that the Applicant shall screen the storage area of raw materials with appropriate fencing. Any disturbance ofland shall be mitigated appropriate for noxious weeds. Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only: I. Based on compliance with all requirements listed herein, and; 2. Approval by the County Commissioner, which Board may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses or required additional off-street parking, screening fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use. Response: Staff sees no reason for the Board to impose any special conditions. Section 5. 03. 07 [Industrial Operations[: Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, streamjlow or ground water. Response: There is no real or potential impact to surface or ground water supplies from the proposed use. The proposed use will not involve use of chemicals or materials in a manner that will pollute surface or ground water sources on or adjacent to the property. Collins Special Use Permit BOCC -4114103 Page 7 (BJ Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response: The proposed use will not result in the generation of vapor, glare, vibration, or other emanations that impact adjacent land. The generation of vapor, glare, smoke, dust or other emanations will comply with applicable Federal, State and County air quality laws, regulations and standards. In the event of potential violations with respect to vapor, dust, smoke, noise, glare or vibration, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (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. Response: The application did not contain an analysis of wildlife impacts on the property. The proposed use should not result in adverse impacts to wildlife or domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. The activities of the business will not result in the generation of products or waste products that will attract wildlife or domestic animals. {D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response: Initially, the Applicant anticipates 10 employee vehicles to access the site on a daily basis, 2-3 delivery trucks ranging from vans to semi-trailers on a weekly basis, and I 0 customers vehicles per week. As the business grows, the Applicant anticipates up to 26 employee vehicles daily, 4-5 delivery vehicles and 20 customer vehicles per week. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response: The property is located between to two residential uses, the interstate and county road. As noted previously, the property owner to the east is going through the County for a conditional use permit for the storage of trucks and trailers. The impact to the property to the west should be minimal since the proposed use will be primarily located near the east end of the property. Collins Special Use Permit BOCC -4114103 Page8 (FJ Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Response: Mitigation measures for all of the foregoing impacts identified have been addressed throughout this memorandum. Mitigation measures for the standards identified in Section 5.03 .08 [Industrial Performance Standards] of the Garfield County Zoning Resolution are addressed beginning on Page 10 of this memorandum. Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (AJ A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response: The Applicant has agreed to appropriate and reasonable mitigation measures ifthe Board recommends any. It is staffs opinion that shall the business cease, the raw and processed steel materials shall be removed from site. The structure shall be allowed to remain. (BJ 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; Response: The Applicant has agreed to comply with this provisions if deemed necessary by the Board of County Commissioners. (CJ Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061J Response: See responses in Section 5.03.08 below. Section 5. 03. 08 !Industrial Performance Standards}: Pursuant to section 5.03.08 of the Zoning Resolution, 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 marmer as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the Collins Special Use Permit BOCC -4114103 Page9 property in which such uses are located, in accord with the following standards: (I) 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: The Applicant noted that other than the sound of vehicle travel, no sound will emanate from the site. All proposed operations within the site shall comply with the maximum standards established in the CRS 25-12-103. Upon a receipt of a legitimate allegation of a violation with respect to noise, the Applicant will be required to provide proof of compliance with State dB levels. (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. Response: No vibration is anticipated with the proposed use. Upon a receipt of a legitimate allegation of a violation with respect to vibration, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (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 emissions of smoke and particulate matter are anticipated as part of this project. Upon a receipt of a legitimate allegation of a violation with respect to smoke or particulate matter, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County 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. Response: No emission of heat or radiation is anticipated as part of this project, aside from the emissions from vehicles. Upon a receipt of a legitimate allegation of a violation with respect to the emission of heat and radiation by the proposed use, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: Collins Special Use Permit BOCC -4114103 Page JO (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 I comments from the appropriate local protection district regarding compliance with the appropriate codes; Response: The Applicant noted that the use and storage of oxygen, acetylene, and mineral spirits on site. All 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. This application was referred to the Burning Mountain Fire Protection District, however, no)\ comments were obtained. (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: Fencing and landscaping have been addressed previously in the memorandum. (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; Response: No materials or waste are associated with the proposed use. All garbage generated will be stored within standard garbage receptacles provided by the servicing carrier and will be located adjacent to the warehouse. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: I. The minimum lot size is jive (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. 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. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of way. Response: There will be no long-term storage of heavy equipment is proposed or anticipated. Collins Special Use Permit BOCC -4114103 Page II (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (A97-112) Response: No storage areas for uses not associated with natural resources are planned. (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 (A97-J J 2) Response: The Applicant indicated that all lighting will be minimized and will be pointed downward and inward to the property .center. All light fixtures shall be designed and placed to prevent direct reflection on adjacent properties, Interstate 70 and County Road 346. (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 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. Response: There is no real or potential impact to surface or ground water supplies. The existing and proposed uses will not involve use of chemicals or materials in a manner that will pollute surface or ground water sources on or adjacent to the property. This application was not referred to the State Health Office for comments. In the event of potential violations with respect to water pollution, the Applicant will be required to provide proof of compliance with applicable Federal, State, and County laws, regulations and standards. Section 9.03.05 (Periodic Review ofSUPI: Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Collins Special Use Permit BOCC -4114103 Page 12 Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every six months. Shall the Board feel that periodic review is required, the Board shall indicate that such a review is required and shall establish the time periods at the time of issuance of this SUP. IV. RECOMMENDED FINDINGS: I. 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 Zoning Resolution of 1978. V. RECOMMENDATION: Staff recommends that the Board APPROVE the Collins Special Use Permit for a structural , n• ,. steel fabrication shop and storage yard, subject to the following conditions: llilAGVI {;Wt{,{ l/;l. rtA.tc ' fr, -11/l e_ r,,;. > /.ttvl-\ u a+ ~J ! v 1. All representations of the Applicant, either within the application or stated at the meeting ~cl,[.<.~'!: before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality. 4. The Applicant shall comply with the Garfield County Noxious Weed Management Plan. 5. Building permits are required for the new structures. 6. The area of the storage of raw materials shall be screened with appropriate fencing that , wvii\ V>t... SVJ' oU4\ 1~1 ~ ~' f'IM-Y) 4' ~(o-1-'fV,llt<--hq ~ + ~ S (Iv'.. 1--\A.L ~oru-Vi iM ~O\~~ ...a. r.-.. •• r.J.-._ '" _ l),.,o ... t--....1'\ ·-....! ,,,...,,. t-+ . complies with county regulations. Collins Special Use Permit BOCC ~ 4114103 Page 13 7. All lighting fixtures shall be designed and placed to prevent direct reflection on adjacent properties, Interstate 70 and County Road 346. 8. The Applicant shall comply with the following recommendations from the Garfield County Road and Bridge Department: a. No off-loading or parking shall take place on County Road 346. b. A stop sign shall be installed on the property to the entrance to County Road 346. The sign shall be installed in conformance with standards set forth in the Manual on Uniform Traffic Control Devices. 9. Vibration, emission of smoke and particulate matter, and the emission of heat or radiation shall comply with applicable Federal, State, and County laws, regulations and standards. I 0. The Applicant shall comply with all Local, State and Federal Fire Codes that pertain to the storage of oxygen, acetylene and mineral spirits. 11. The Applicant shall obtain and provide the Planning Department a copy of an exempt commercial well permit. Shall water usage exceed 1/3 acres feet, the Applicant shall obtain the additional contract water from West Divide Conservancy District. 12. Any uses in addition to the steel fabrication shop, office and storage yard shall obtain the appropriate special use or conditional use permit, if applicable. 13. Garfield County shall enforce appropriate noise regulations which may require the Applicant to meet the "Residential' zone noise level (55 db(A)) pursuant to Colorado State Statue 25-12-130. GARFIELD COUNTY Building & Plaffni1tg Depar1ntent Review Agency Fonn Dllte Sent: 3/1212003 Commena Due: 41412003 Name of application Collins SUP Sent to: Gartield Countv Road and Bridge Dqit Garfield County requests your comment in review ofthls project. Please notify the Planning Department in tbe event you are unable to respond by the deadline. This form may be used for your responae, 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: Tamara Pregl 109 s"' Street, Suite 301 Glenwood Springs, CO 8160 l Fax: 970-384-3470 Phone; 970-945-8212 General comments: Garlield County Road and Bridae Dqlartment has no problem with the proposed SUP as lof18 as no offinading or par!ciQB takM plar.e on Cr 346. As this is a busineH and will senmte more traffic entering Cr 346 we would ask that a stQp $gn be instt!!p:I at the enuUICe to Cr. 346, The sign and instillation will ronform to the standards set fQnJ! in the Ma1111el on Uniform Traffic Control Devices. Name of review agency: Garfield County Road and Bridse Dept By: Jake B. Mall Date 312112003 Revised 3/J0/00 CITY a& RIFLE 202 Railroad Ave. •P.O. Box 1908 •Rifle, Colorado 81650 • (970) 625-2121 •Fax (970) 625-3210 March 28, 2003 Mr. Mark Bean, Director Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Collins SUP Dear Mr. Bean: 8NINN\tld '2 8Nimif18 AlNnO'.:l (ll"!l~<J\18 The City of Rifle reviewed the subject application. The business is proposed adjacent to the I-70 Corridor; therefore, we request the County pay careful attention to the visual appearance of the proposed business. We request the following be considered: 1. Landscaping requirements similar to what the County is requiring of the Marnm Creek Gravel Pit. 2. All outdoor storage be screened with solid, opaque material or landscaping. Limit the area that can be utilized for outdoor storage. Thank you for the opportunity to comment. Should you have questions or concerns regarding this matter, please call the Rifle Planning Department. Since1/ui:el.y, __ ·-·-- .. u--(28"··' ' ; . : . Mat~L Sturgeo · .. . ------.. Planning Director Planning and Development Dept. • 970-625-6224 • (fax) 970-625-6268 • planning@rifleco.org