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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.04.2007MEMORANDUM To: Board of County Commissioners From: Building and Planning Department, Craig Richardson, Senior Planner Re: Special Use Permit for Blue Ox Logcrafters, LLC Date: August 20`h, 2007 Request Blue Ox Logcrafters, LLC has submitted a Special Use Permit application for a "Plant for fabrication of goods processed from natural resources" within the Agricultural Industrial Zone District. The Applicant is requesting approval from the Board to allow "log sculpting" on the subject property. The logs processed on-site will be used to construct custom log homes. The subject property is located east of the Town of Silt adjacent to Interstate 70. (�k'^-s � ' f'rtkkj j C.�'"l'Fr..Ck.1 1'^'.1 4€- v� ft41✓� 3a c c Hours of operation: 6:00 am to 7:00 pm Monday through Saturday Vehicles: Up to 20 employee vehicles and 10 client/customer vehicles per day Equipment: Wheeled and tower cranes, forklifts, loaders, band saw mills, material and equipment trailers and trucks, portable fuel tanks, chainsaws, woodshop tools, carpentry tools, and hand tools. Staff Recommendation Staff recommends that the Board of County Commissioners not refer this application to the Planning Commission. BOCC 09/04/2007 CR Blue Ox Logcrafters, LLC Project Information and Staff Comments REQUEST APPLICANT / OWNER LOCATION WATER/SEWER EXISTING ZONING ADJACENT ZONING PARCELNO. STAFF RECOMMENDATION Special Use Permit allowing a Plant for Fabrication of Goods Processed from Natural Resources Blue Ox Logcrafters, LLC 1-70 Frontage Road, east of the Town of Silt Well/ISDS Agricultural Industrial (Al) Agricultural Industrial 217912200660 Approval with conditions -1- BOCC 09/04/2007 CR I REQUEST The Applicant is seeking approval to operate a hand crafted log home business on a property located approximately two (2) miles east of the Town of Silt on the 1-70 Frontage Road. The subject property is situated within the Agricultural Industrial Zone (Al) District. Fabrication of Goods Processed from Natural Resources is contemplated as a Special Use Permit in the Al Zone District. II BLUE OX LOGCRAFTERS OPERATION Logs are cut and sized on-site and then partially assembled. When complete the units are dismantled and then transported to the home site. A mill area is designated on the site plan near the southern boarder of the subject property. All processing will be conducted within an envelope created by 75 foot voluntary setbacks. Proposed structures include a 1,500 to 2,000 square foot office/caretaker dwelling unit. The unit will be constructed on-site. The unit will be utilized as an office and example of the company's work. Approving this request *11- allow the upstairs of the proposed structure to be utilized as a care takers unit. Staff has included a recommended condition of approval requiring that the dwelling unit be limited to employees of Blue Ox Logcrafters, LLC. A well permit allowing for commercial and residential uses has not been submitted. Staff recommends the Board require the submittal of an approved well permit prior to issuing the Special Use Permit. The Applicant will be required to apply for an ISDS permit to provide sanitation services to the proposed unit. Tools to be located on the subject include but are not limited to: • Wheeled and tower cranes • Forklifts • loaders • band saw mill • material and equipment trailers • trucks • portable fuel tanks • chainsaws • woodshop tools • carpentry tools • hand tools The Applicant has represented that chemicals will not be utilized in the operation of the proposed processing plant. III REFERRALS Town of Silt: Exhibit F Garfield County Road and Bridge: No impacts to county infrastructure identified h.aS Colorado Department of Transportation: Stated State Highway Access Permit expired Colorado Department of Wildlife: No comments received - 2 BOCC 09/04/2007 CR IV § 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 Applicant is proposing to provide water and sanitation service via a well and ISDS. Staff is recommending that the Board require the submittal of an approved well permit allowing for the proposed residential and commercial uses. An ISDS permit issued by Garfield County Building and Planning Department is required. (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 The subject property will be accessed via the south 1-70 frontage road. A State Highway Access is required to access Colorado Department of Transportation (CDOT) right-of- way. The access permit submitted by the Applicant has expired. Staff recommends the Board require the Applicant to obtain a new access permit from the CDOT prior to the issuance of the Special Use Permit. (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 The Applicant's proposed site plan includes voluntary setbacks to reduce impacts to adjacent uses. The model unit and parking area are proposed at the front of the property. The adjacent properties are unimproved. Residential uses on adjacent parcels were not observed during the site visit conducted by Staff. 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: -3- BOCC 09/04/2007 CR (1) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The Applicant must apply for and obtain an approved well permit allowing for the proposed use prior to the issuance of the Special Use Permit. A drainage study demonstrating the ability to appropriately manage surface run-off is also required. (2) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding The Applicant commissioned Associates in Acoustics, Inc. to complete a sound analysis for the proposed use. The report concludes that the use of chainsaws and the operation of the mill are not likely to exceed state statute. Adjacent lands are not utilized for residential purposes at this time. (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 The application did not include a Wildlife Impact Report. Staff recommends Board require the Applicant to submit a Wildlife Impact Report prepared by a qualified professional. The report should include an analysis of the existing wetlands found on the subject property. (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 Access is provided via CDOT right-of-way. The Applicant will be required to obtain a new State Highway Access Permit. Garfield County Road and Bridge reviewed the application and determined that the proposed use will have minimal impact to the County's infrastructure. (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 Applicant has identified specific areas to be utilized by the operation. Staff finds that sufficient distances separate the proposed use from the adjacent properties. - 4 - BOCC 09/04/2007 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 A site rehabilitation plan has not been included as part of the Application. Staff recommends that the Board require the submittal of a site rehabilitation plan prior to the issuance of the Special Use Permit. The Plan shall be approved by Garfield County Vegetation Management. V §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 Measurements taken on-site demonstrate general compliance with State Statute. Staff has included a recommended condition of approval requiring the Applicant to comply with State Statute regarding noise at all times. (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 It is represented that smoke and particulate matter will not be transferred off-site as a result of the proposed use. Staff has included compliance with the identified industrial performance standards as a condition of approval. -5- BOCC 09/04/2007 CR (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 It is represented that the only fumes generated by the proposed use will be from the vehicles used in the operation. All vehicles shall be licensed to operate in the State of Colorado. (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 The only storage to be conducted on-site will consist of natural resources (logs) and portable containers of fuel. The Applicant will be required to adhere to all rules and regulations regarding the storage of flammable 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 Board may require screening of the proposed use. 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 Sawdust will be generated by the proposed use. The Applicant will need to submit a drainage plan demonstrating the ability to prevent the transfer of material off-site. Staff recommends that the Board require this before the issuance of a Special Use Permit. -6- BOCC 09/04/2007 CR d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: Staff Finding Storage of heavy equipment is not represented. (1) The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The request is in compliance with this condition. (2) The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Staff Finding Residential units within 300 ft. were not observed during the site visit. The Applicant's request is in compliance with this standard. (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 The Board may require screening of the proposed use. (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. -7- BOCC 09/04/2007 CR 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 The Applicant will be required to submit a Stormwater Management Plan to the Colorado Department of Public Health and Environment. A drainage study demonstrating the ability to manage surface run-off is required. Staff Suggests the Board require the submittal of this plan for review prior to the issuance of the Special Use Permit. VI 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 "Plant for Fabrication of Goods Processed from Natural Resources" with the conditions listed below. However, the application was submitted to Gale Carmoney, Town of Silt Community Development Director, for review on October 3rd, 2007. At the direction of Garfield County Attorney's Office the application was sent directly to the Town Trustees (October 10th, 2007) for review to satisfy the intent of Colorado Revised Statutes 30-28-138 and 31-15-501 (1) (D) regarding referrals to municipalities, Staff is recommending a continuance of this public hearing until December 3`d, 2007: -8- BOCC 09/04/2007 CR 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 prior to the issuance of the Special Use Permit; 6. The Applicant shall submit a site plan drawn to scale sealed by a surveyor licensed in the State of Colorado that accurately represents the location of wetlands, flood plain, and the proposed improvements on the subject property prior to the issuance of the Special Use Permit; 7. The Applicant shall submit a site rehabilitation plan to be approved by Garfield County Vegetation Management prior to the issuance of the Special Use Permit. 8. The Applicant shall provide a revegetation security to be determined by Garfield County Vegetation Management; 9. The proposed caretaker unit shall only be occupied by employees of Blue Ox Logcrafters, LLC; 10.The Applicant shall submit an approved well permit allowing for commercial and residential uses prior to the issuance of the Special Use Permit; 11.The Applicant shall submit a Wildlife Management Plan prepared by a qualified professional prior to the issuance of the Special Use Permit; 12.The Applicant shall submit a drainage plan demonstrating the ability to manage surface run-off, this plan shall be reviewed by staff prior to the issuance of the Special Use Permit; 9 1 11-27-07 Dear County Commissioners, Please carefully consider this proposal as it has lasting consequences to our beautiful river valley. By changing the zoning, you are changing the neighborhood, and negating our rual farming beginnings. With this in mind, the neighbors most closely affected by this proposal, have outlined concerns and reasons why this project should be rejected or at the very least, sent back to the developer for more specific information. 1.) hours of operation -Blue Ox is proposing to be open for operation 13 hours a day, six days a week. For trying to co -exist with a residencial area, these hours are excessive, and unacceptable. This seems contradictory to a "small" log sculpturing company. 2.) equipment concerns- Blue Ox states that they are not a manufacturing plant, but a "log sculpting" operation. With a mill, cranes, forklifts, loaders, band saw,chain saws, and what ever Etc. means. To us it sounds like a sugar coated manufacturing plant , in a exclusive river front property. 3.) proposed structures - . In this area, I don't know where to begin. They propose a office/caretaker dwelling with no plans. They are giving themselves one year to even submit the plans. Are they working during this year? It is not acceptable for a business to start out with a open ended approval for porta-potties and loud diesel generating equipment for electricity, We fell that the developer needs to have his infrastructural in place before operations begin. 2 We also feel that he will need more structures to store above ground fuel tanks, equipment, etc. We feel that it is unrealistic that this business will require only one building 4.) protecting the character of the neighborhood- Blue Ox has admitted that they are an industry, and an industry does not belong in a river front community. Once again Blue Ox is being very vague. Starting with lighting, where are they located and how many are proposed? Are screened fencing or landscaping proposed? If so , where. Next, the aesthetics of the Blue Ox operation concerns us. There will be two large crane booms visible to everyone, all the time. Where are the three 500 gallon fuel tank to be located and will they be properly contained? Will the mill be enclosed for visual and sound mitigation? We question the results of the nose study. The report uses language like "within a reasonable degree of scienfic certainty " and words like "not likely to exceed local noise levels". Will we have no recourse when the back up beepers , putting out 110 decimals are amplified by the openness of the river. Or the noise put out by an undisclosed amount of chain saws having the same effect on the neighborhood. Enclosed are photos of Blue Ox's existing operation. The existing zoning has been in effect for a long time. We see no benefit in changing it now. We also want to be good neighbors , but feel that Blue OX is taking advantage of us and the county, by asking for such open ended approvals. We do not see this operation fitting into our neighborhood ,without a much more detailed plot plan. 5.) road improvement- with large log transport trucks 3 coming and going on the frontage road, we see a need for an extra lane for turning trucks and autos. Even though Blue Ox states that they manufacture only 9 to 12 homes a year, that is still one a month, requiring logs coming in and homes going out. In summary, this proposal leaves us with more questions than answers. Blue Ox is indeed an industrial manufacturer of log homes. The developer needs to present a more detailed site map and plan. Blue Ox needs to answer the important questions with facts not assumptions. Their first attempt to re -locate their mill on this property showed a blatant disregard for the counties zoning regulations. We feel that the commissioners should know exactly what plans Blue Ox has for this parcel. Thank you for your consideration, Southside Homeowners 40'DxJ 1 11-27-07 Dear County Commissioners, Please carefully consider this proposal as it has lasting consequences to our beautiful river valley. By changing the zoning, you are changing the neighborhood, and negating our rual farming beginnings. With this in mind, the neighbors most closely affected by this proposal, have outlined concerns and reasons why this project should be rejected or at the very least, sent back to the developer for more specific information. 1.) hours of operation -Blue Ox is proposing to be open for operation 13 hours a day, six days a week. For trying to co -exist with a residencial area, these hours are excessive, and unacceptable. This seems contradictory to a "small" log sculpturing company. 2.) equipment concerns- Blue Ox states that they are not a manufacturing plant, but a "log sculpting" operation. With a mill, cranes, forklifts, loaders, band saw,chain saws, and what ever Etc. means. To us it sounds like a sugar coated manufacturing plant , in a exclusive river front property. 3.) proposed structures - . In this area, I don't know where to begin. They propose a office/caretaker dwelling with no plans. They are giving themselves one year to even submit the plans. Are they working during this year? It is not acceptable for a business to start out with a open ended approval for porta-potties and loud diesel generating equipment for electricity, We fell that the developer needs to have his infrastructural in place before operations begin. 2 We also feel that he will need more structures to store above ground fuel tanks, equipment, etc. We feel that it is unrealistic that this business will require only one building 4.) protecting the character of the neighborhood- Blue Ox has admitted that they are an industry, and an industry does not belong in a river front community. Once again Blue Ox is being very vague. Starting with lighting, where are they located and how many are proposed? Are screened fencing or landscaping proposed? If so , where. Next, the aesthetics of the Blue Ox operation concerns us. There will be two large crane booms visible to everyone, all the time. Where are the three 500 gallon fuel tank to be located and will they be properly contained? Will the mill be enclosed for visual and sound mitigation? We question the results of the nose study. The report uses language like "within a reasonable degree of scienfic certainty " and words like "not likely to exceed local noise levels". Will we have no recourse when the back up beepers , putting out 110 decimals are amplified by the openness of the river. Or the noise put out by an undisclosed amount of chain saws having the same effect on the neighborhood. Enclosed are photos of Blue Ox's existing operation. The existing zoning has been in effect for a long time. We see no benefit in changing it now. We also want to be good neighbors , but feel that Blue OX is taking advantage of us and the county, by asking for such open ended approvals. We do not see this operation fitting into our neighborhood ,without a much more detailed plot plan. 5.) road improvement- with large log transport trucks 3 coming and going on the frontage road, we see a need for an extra lane for turning trucks and autos. Even though Blue Ox states that they manufacture only 9 to 12 homes a year, that is still one a month, requiring logs coming in and homes going out. In summary, this proposal leaves us with more questions than answers. Blue Ox is indeed an industrial manufacturer of log homes. The developer needs to present a more detailed site map and plan. Blue Ox needs to answer the important questions with facts not assumptions. Their first attempt to re -locate their mill on this property showed a blatant disregard for the counties zoning regulations. We feel that the commissioners should know exactly what plans Blue Ox has for this parcel. Thank you for your consideration, Southside Homeowners