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Home My WebLink About3.0 BOCC Staff Report 05.15.2006May 15, 2006 — BOCC Exhibits for Public Hearing of the SUP — Card Lock Fueling Facility Applicant — GILCO, Inc Staff—Richard Wheeler Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Staff Report dated 5-15-2006 E Application for the Special Use Permit F Email Dated May 10, 2006 from Steve Anthony GarCo Vegetation G Email dated May 11, 2006 from Jake Mall GarCo Road and Bridge H EMAIL PA4q »lirl II raon .14 r m41( 1 (labia 5 N DM -ii root 3)1 zoa6 nn.., inkrSloe('est) - CMS J K L M N 0 P tto at as% 40 4 - Ort td)� sem" ti t�W JON 1,11* BOCC 5-1-06 RW GILCO Inc Card Lock Fueling Facility Project Information and Staff Comments REQUEST: Special Use Permit (SUP) for an "Automotive Service Station" to allow a card -lock fueling facility OWNER/APPLICANT: GILCO Inc REPRESENTATIVE: Ronald Liston LOCATION: 23899 HWY 6, Rifle, Colorado PROPERTY SIZE: 5.7 acres ACCESS: HWY 6 and CR /441 WATER: Well SEWER: ISDS EXISTING ZONING: Commercial Drinking Water Constraint Zone (CDWC) 1. BACKGROUND AND PROPOSAL There is lot of expansion on the proposed site plan. The underlying zone district allows all uses by right, conditional, and special that are found in the CL—Commercial Limited zone, §3.07 of the GarCo Zoning Resolution. As well as some additional uses found in §3.15 for the CDWC zone. A card -lock fueling facility is not directly listed under the special uses. The closest use is an automotive service station. This application is somewhat confusing due to the fact that the site plan shows a new warehouse, existing office and shop, these are not part of the permit. The SUP is only for the card lock fueling faciltity. The future structure that would inlcude vending, storage, residence and restrooms as a stand alone structure, would be uses by right in the CDWC. It is worth noting that these are ancillary to the fueling facility. Staff is of the opinion that the future structure (vending, storage, residence and restrooms) are uses " by right" in the underlying district and would not be considred part of this SUP. The proposed facility will be unmanned, opened 24/7, 365 days a year. The application does not contimplate any empolyees will work at the fueling facility. Therefore it does not appear that water or sanitary service is required for this request. Additional applications were to be submitted to staff on May 1, 2006 so that this request could be referred to various agencies for outside review. The application materials were not received until May 9, 2006. Staff has not had the chance to get referral comments from the following agencies: • Garfield County Road and Bridge • Garfield County Vegetation Department • City of Rifle • Rifle Fire Protection District 2. GENERAL REQUIREMENTS FOR ALL SPECIAL USE PERMITS §5.03 Conditional and Special Uses (Zoning Resolution of 1978, as amended) 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 Comments: There is an existing well on the site that allows for commercial uses and irrigation for up to .1 acres of landscaping. The site is also served by an ISDS. Due to the proximaty to the City of Rifle, municipal sewer may also be available. The facility will have no employees so no water and sewer service is being proposed at this time. 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 Comments: To the south, the site will be accessed by HWY 6. To the north, the site will accessed by CR 246. CDOT has issued an access permit for HWY 6. GarCo Road and Bridge has not commented on the access for CR 246. Internally it appears there will be adequate maneuvering and parking. 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 Comments: It appears that through the use of landscaping, parking and maneuvering areas adequate for the vehicles that will use this facility that the designed is organized to reduce impacts from adjacent uses. GarCo Vegetation department has not commented on this SUP. All lighting should be inward and downward facing with full cut- off fixtures with no light trespass off the property. 3. OUTSTANDING ISSUES: Staff cannot recommend approval of this request to the Board due to the fact that outside review has not been completed. In this application, staff feels that it is important to get these comments from the previously mentioned review agencies. This SUP will need to be reviewed by Rifle for any water shed protection issues, or any other items that may directly impact the city. Fueling facilities do pose a fire risk that staff would like the fire protection district to review. County roads will be affected, Road and Bridge should comment on this. The County Vegetation department may request a specific weed inventory and mitigation plan as well as a re -vegetation bond. The Board may choose to (1) continue this item to allow for outside review or (2) deny the request or (3) approve the request with conditions. If the Board chooses to approve the request, staff is recommending the following conditions of approval. 4. SUGGESTED CONDITIONS OF APPROVAL: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. Including but not limited to §5.03 and §3.15 of the Garfield County Zoning Resolution of 1978, as amended. 3. That the lighting of the facility shall be inward and downward facing with full cut-off fixtures and that no light shall trespass off the property. 4. That prior to issuance of the Special Use Permit, if required, a Rifle Watershed Protection District Permit shall be issued. 5. That prior to issuance of the Special Use Permit the Garfield County Vegetation department shall review the application and all requirements per that review shall be met or are in place prior to issuance of the permit. 6. That prior to issuance of the Special Use Permit the County Road and Bridge department shall review the application and all requirements per that review shall be met or are in place prior to issuance of the permit. 7. That prior to issuance of the Special Use Permit the Rifle Fire Protection District shall review the application and all requirements per that review shall be met or are in place prior to issuance of the permit. 8. That prior to issuance of the Special Use Permit the City of Rifle shall review the application and all requirements per that review shall be met or are in place prior to issuance of the permit. MEMORANDUM To: Richard Wheeler From: Steve Anthony Re: Comments on the Gilco Storage Facility Date: May 10, 2006 My comments are as follows: Noxious Weeds The applicant needs to map and inventory the site for County listed noxious weeds. They should submit a weed management plan for all inventoried noxious weeds. If Russian olive and tamarisk are located on site they shall be cut and treated prior to the issuance of the permit. Please make application records available to: Garfield County Vegetation Management P013 426 Rifle CO 81650 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: Received May 11, 2006 Comments Due: Name of application: Gilco Petroleum Sent to: Garfield County Road & Bridge Dept. 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 form may be used for your response, 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: 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Dept. has no objection to this application with the following comments. A driveway access permit has been issued accessing Cr. 264 with all requirements and conditions specific to the driveway included in the permit. The driveway access will have a paved apron attached to Cr. 264 and a stop sign will be installed at the entrance to Cr. 264. The sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). This entrance and stop sign shall be maintained in original condition by the applicant at all times. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date May 11, 2006 EXHIBIT GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Gilco Petroleum Sent to: Garfield County Road & Bridge Dept. Date Sent: May 11, 2006 Comments Due: 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 form may be used for your response, 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: Richard Wheeler 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Richard, after a conversation with Marvin Stephens (Road and Bridge Director) I was enlightened to the fact that we do not issue access permits off of Cr. 264. Had I known this at the time that a driveway access permit was requested I would have denied it. All access to this property will be from Highway 6 & 24 which is under the jurisdiction of CDOT. The driveway access permit I issued will be rescinded and Gilco Petroleum will have to seek access from CDOT. 1 apologize for the inconvenience this may have caused you and Gilco Petroleum.1 will not issue any driveway access permits off of Cr. 264 in the future. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date May 15, 2006 EXHIBIT Revised 3/30/00 Richard Wheeler From: Matt Sturgeon [msturgeon@rifleco.org] Sent: Wednesday, May 31, 2006 5:15 PM To: Richard Wheeler Cc: rblist@quixnet. net Subject: RE: Gilco SUP Attachments: Matt Sturgeon.vcf L.] Matt urgeon.vcf (550 I Richard, The City of Rifle does not object to the filling station request as the out building and tank farm are not relatedto the request and exist as a use -by -right within the County. The City does request Garfield County impose the following conditions on the SUP: 1. The applicant shall implement the submitted landscape plan prior to operations commencing at the filling station; 2. The signage applied on site comply with the City of Rifle's sign code; 3. If access is granted to CR 264, the City of Rifle be granted authority through the SUP process to impose an Off -Site Street Impact Fee as the traffic from the site will immediately impact West 2nd Street; a City owned and maintained right- of-way. Said fee would be $4,300 per 10 vehicle trips generated from the site through this access point. A traffic study would need to be conducted to determine loading on to CR 264 from the site. Thank you for the opportunity to comment. Best Regards, Matt Sturgeon Department of Planning and Development City of Rifle 970-625-6253 970-625-6268 (fax) 1 EXHIBIT A. To: BOCC CC: GILCO Inc, et al. From: Richard Wheeler Date: 6/5/2006 Re: GILCO Inc. Special Use Permit — Addendum to Staff Report Commissioners: Staff has received additional comments from the City of Rifle and Garfield Road and Bridge Department. No review comments have been received from Rifle Fire Protection District. These comments are attached and are incorporated into the exhibit list from the hearing dated May 15, 2006. Issues to be resolved were access from County Road 264 and formal review comments from Rifle Fire Protection District and the City of Rifle. Upon further review, GarCo Road and Bridge has opined access to and from County Road 264 will no be allowed. Staff agrees that all public access should not be allowed from CR 264. As the only point of access could be from HWY 6, staff is suggesting that a "break away" gate be placed at the proposed access of CR 264 so emergency access will be available in the event more than one access point is needed. The City of Rifle is requesting all signage be done in accordance with their regulations. Staff has discussed this with the City and the City has agreed to be the agency that will permit and enforce the signage for the fueling facility. Additionally, the City is requesting that all landscaping shall be in place prior to commencement of operations. Staff has also discussed this issue with the City and has agreed to suggest that all landscaping shall be in place prior to prior to final inspection and approval of the building permit, or in the event weather does not permit the planting of landscaping materials, the applicant shall receive a bid for the landscaping and secure a bond for the bid with a 10% contingency. Pursuant to §9.03.05 Staff is suggesting a six month review of the Special use permit. The specific language of this review is attached in the "Suggested Conditions of Approval" for this special use permit. b 19 EXHIBIT 3 6-05-06 SUGGESTED CONDITIONS OF APPROVAL: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. Including but not limited to §5.03 and §3.15 of the Garfield County Zoning Resolution of 1978, as amended. 3. That the lighting of the facility shall be inward and downward facing with full cut-off fixtures and that no light shall trespass off the property. 4. That prior to issuance of the Special Use Permit the Applicant shall receive a Sign Permit from the City of Rifle for any signage to be used for the Card Lock Fueling Facility. 5. That access to and from County Road 264 shall be for emergency purposes only and the applicant shall place a "brake away" gate at the location of the proposed access as shown on the site plan. This gate shall be in place prior to final inspection and approval of the building permit. 6. That prior to issuance of the Special Use permit, the Applicant shall submit a calculation showing the landscaping is at least 10% of the total parking and roadway areas of the property. 7. That all landscaping shall be in place prior to final inspection and approval of the building permit, or in the event weather does not permit the planting of landscaping materials, the applicant shall receive a bid for the proposed landscaping and secure a bond for the bid amount with a 10% contingency. 8. As per §9.03.05 which allows Periodic Review, the Special Use Permit shall be made subject to a review at six (6) months from the date of Issuance of the Special Use Permit. 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. 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 the review, the Commissioners may determine that the permit operations are in EXHIBIT g a 5 L -2 - 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. If a determination is made that the Permit shall be modified or revoked, a Public Hearing shall be scheduled as per the County regulations at such time to proceed with said action. 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.