HomeMy WebLinkAbout2.0 BOCC Staff Report 05.05.2003rf-/
REOUEST:
OWNER (APPLICAND:
LOCATION:
SITE DATA:
ACCESS:
EXISTING ZONING:
SURROUNDING ZONING:
BOCC 05/05/03
FAJ
A request for a Special Use Permit to allow for an
Natural Resources Processing (processing raw logs for
pre-assembly of log homes)
Steve and Karen Wilson of "lYhisky Park Cabins"
SE % of the NW % and SW %of the NE % of Section
15, Township 55, Range 93W. The site is practically
located approximately 4 miles northwest of Rifle on
the north side of State Highway 13.
5 acres adjacent to HWY 13
State Highway 13
Agricultural / Residential / Rural Density (ARRD)
Southwest: Resource Lands
Southeast: ARRD
Northwest: ARRD
Northeast: Open Space (BLM)
PROJECT INFORMATION AND STAFF COMMENTS
I. DESCRIPTION OF THE PROPOSAL
The Applicant requests the
Board grant a Special Use
Permit allowing the owner of
the property to conduct natural
resource processing in order to
operate the Whisky Park Log
Cabin business which basically
consists of importing raw logs
to the property to be used in
the fabrication of log cabin
homes to be dismantled then
delivered to the destination site
for reassembly. (See photo on
right.)
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The property owners, Steve and Karen Wilson (also the applicants), have owned and operated the
Whiskey Park Cabins business in Silverthorne, CO for the last 20 years. Primarily, this business
includes importing raw logs from Oregon to the log yard for processing followed by pre-assernbly
of custom log homes as well as some retailing of logs. Specifically, the proposed operation
includes the following elements:
A) Develop approxim ately 2.5 acres of the site to be devoted to processing the raw logs using
peeling, "hinkirg,
notching techniques followed by pre-assembly of log structures, storage of
logs, storage of equipment, and shipping of the final product;
( ,t The proposed log yard will be in operation year round. The yard will be in operation from
q 7:00 AM to 7:00 PM Monday through Saturday with no loud equipment noise from 5:00 to
( /[Jl0-flMrand no oPeration on sundaY;
C) The yard will employ between 2 and 10 employees;
D) Estimated traffic includes that of employees, customers, and log (product) transportation to
and from the site. The Applicant estimates approximately 10 trips a day as a result of on site
operation. Approximat ely 20 - 30 loads of logs will be shipped in and out of the site per
ylur. The main access on to the site is from State Highway 13 which directly fronts the
propertY; and
E) Main equipment used in the proposed operation includes 2 cranes, one portable saw mill, one
loader, 1993 Peterbilt semi-truck, one excavator, 5 trailers, and various hand tools.
II. RE,FERRAL AGENCIES
Staff referred the application to the following agencies for additional comment:
a. Garfield County Vegetation Manager: Steve Anthony reviewed the application and
indicated that the Applicant should post a revegetation security with the County for the
seeding ofthe berm and that the applicant has proposed an acceptable revegetation plan.
(Exhibit A
b. City of Rifle: No recent comments have been received; however, Staff was able to locate a
previously submitted letter which indicated the Applicant should be aware of noise
ordinances and weight limits on roads in the Rifle area.
c. Colorado Department of Transportation: No official written comments were received;
however, Staff did contact CDOT via telephone to discuss the driveway permit onto State
Highway 13 which as been issued to the Applicant.
d. Bureau of Land Management: No comments have been received.
e. Rifle Fire Protection District: No comments have been received at this point.
III. ZONING APPLICABILITY
The subject property is zoned Agriculture / Residential / Rural Density (A/R/RD). The Applicant
is requesting the Board grant a Special Use Permit for "natural resource processing" which would
include the ability to import raw logs onto the site where they would be processed (peeling,
shaping, and notching) then be somewhat assembled, numbered, then disassembled for transport
to the permanent site for final assembly and final construction. Staff acknowledges this proposed
operation includes an element that appears to resemble fabrication. To this end, and in review of
previous operations similar to the proposed operation in terms of zoning and use, the Board has
recently approved several identical operations within the last two years under the direction that
assembly of the processed logs on site does not represent fabrication by itself. Staff has
maintained this understanding and consistent direction provided by the Board in the review of
this application.
IV.REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of the ZoningResolution. In addition,
because the use is of an industrial nature, it shall also be reviewed against industrial performance
standards Sections 5.03.07 and 5.03.08. Staff has provided the standards in bold italics below
followed by a Staff Response.
A. Section 5.03 Review Standards
1) Utilities adequate to provide water and sanitation service bssed 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; (A97-60)
Staff Finding
The Applicant proposes to provide water and sanitation service in the form of hauled water and a
portable toilet respectively. Regarding adequate water service, the Applicant proposes to handle
potable water (for drinking and basic sanitary washing) by providing hauled water from the City
of Rifle in 5 gallon containers which will be filled daily. The site has a well which is approved as
a commercial well permit to provide water for drinking and sanitary facilities in addition to the
ability to fill a 30,000 gallon water tank for fire protection. Staff finds that the use of this existing
and permitted well to provide water for drinking and sanitary uses is an adequate (preferred)
source of water for the business of Whiskey Park Cabins and that relying solely on water hauled
from the City of Rifle is not an adequate source.
Other water requirements include the use of water for fire protection. The Rifle Fire Protection
District indicated a requirement a minimum of a 30,000 gallon water tank on the properly for fire
protection, the Applicant has agreed to this and has an amended commercial well permit to fill
the tank for that purpose.
Regarding adequate sanitation, the Applicant initially, proposed the use of a portable toilet to be
serviced weekly to handle sanitation on the property. However, the Applicant now proposes to
construct a bathroom in a small office building to be connected to a septic system /leach field
tested and approved by Garfield County. Staff finds that a portable toilet is permitted as a very
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temporary response to sanitation needs and is not adequate for a permanent long-term operation.
As a result, Staff shall require the Applicant to install an ISDS to serve a bathroom containing a
sink and toilet as well as serving as the return flow for the well on the properfy. This bathroom (to
be located in the proposed office) will provide adequate sanitation and potable water source for
employees, visitors, and owners of the property. Therefore, it appears that this standard could be
met with the provision of a bathroom (ISDS) that provides a sink for potable water and sanitation
purposes.
2) Street improvements sdequate to accommodate trafJic volume generated by the
proposed ase ond 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 Applicant proposes access onto the subject site from State Highway 13. The Colorado
Department of Transportation (CDOT) who maintains this road has approved a drivewaypermit
from the site onto HWY 13 based on the assumption that no more that 30 Average Daily Trips
(ADT) would be generated from the site. The entrance to this site is of some importance in that
large tractor / trailers will be entering and leaving the site onto a fast paced highway (posted at 50
mph). The Applicant stated he has designed the access into and out of the site so that safety
concerns are addressed. Specifically, trucks entering the site will be completely off the road when
turning into the site so as not to conflict with through traffic on the highway.
Regarding trips to and from the site on a dailybasis, the following points outline the envisioned
trips which will total approximately29.65 trips per day. This is consistent with the CDOT access
permit limiting the trips to 30 ADT.
1) Operation (the yard) will employbetween 2 and 10 employees who will undoubtedly
drive to the site in the morning and leave the site in the afternoon. This could
represent a range of trips totally between 4 to 20 trips per day.
2) The Applicants access their personal residence through the same entrance onto the
subject property which generates 9.57 trips a day according to the ITE manual.
3) The operation will require the shipment of approximately 20 - 30 loads of logs will
be shipped in and out of the site per year. So 30 trips over the course of a year equals
approximately 0.08 trips per day.
3) Design of the proposed use is organixed to minimix,e impact on andfrom adjacent uses
of land through installation of screenfences or landscape materials on the periphery of
the lot and by location of intensively utilized areas, Access points, lighting and signs in
such a man-ner as to prbtect estab[ished neighboihood crtaractir;"
Staff Finding
The site is located in a rural area of the county. Adjacent uses to the property include a logging
operation to the southeast (A/R/RD), residential to the north (also owned by the Applicant) and
northwest, public lands (BLM) to the northeast, and resource lands to the south across State
Highway 13. The Applicant has constructed a l2 foot high earthen berm along the southern
property line parallel with State Highw ay 13 . This berm also serves as the residential driveway to
the Applicant's adjacent property. (See photo below).
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T.
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During the site visit,
several large trucks
were parked on the
site behind the berm.
Staff approached the
site from both
directions on
Highway 13 (from
approximately %
mile distance) to
determine visibilitY
impacts from the
road. The berm is
very effective in
3ffi=
screening the interior of the lot proposed for operations as you approach the lot from the north
and has limited screening effect when approaching the property from the southeast. ln discussions
with the Applicant, the lpplicant intends to erect sight obscuring fencing along the southeast
property line to screen that view into the property which is depicted on the proposed site plan'
Staff believes this fencing (if about s ieei in heiglrt) would be effective in screening the
operations from view from State Highway 13 and neighboring properties as is practical'
In addition, it appears that a considerable impact from the proposed use is noise. Staff believes
the berm to be an affective method in lessening the impact of noise generated from the operations
on the site. The Applicant provided a noise impact analysis completed by Engineering Dynamics
Incorporated (EDI) which describes calculated noise levels at the nearest property lines and at the
,.ur"rt neighboringresidences. That analysis concluded that due to theberm, no additional noise
mitigation of mill operations is required.
B. Section 5.03.07 Industrial Operations: Industrial Operations, including extraction,
@g,r"u.i"utiooj.,d,strialsupportfacilities,mineralwastedisposal,storage,
sanitary landfill, salvage yard, access .rrt., and utitity lines, shall be permitted, provided:
l) 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
describiig its location, scope, design and construction schedule, including an
explanati6n of its operationai characteristics. One (1) copy of the impact statement
shall be filed with tire County Commissioners by the Planning Director. The impact
statement shall address the following:
a) Existing lawful use of water through depletion or pollution of surface run-off,
stream flow or ground waterl
Staff Finding
The Applicani indicates that the operation will "not require the use of polluting substances
during the construction phase." Further, "any oils used in the equipment will be disposed of
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according to hazardous waste regulations. All hazardous materials will be stored in their
proper "ortui.r"r.
inside trailers to prevent any accidental spillage." The Applicant will be
i.q.rir.a to adhere to state and federal laws / regulations as to the on-site storage or disposal
methods for any hazardous materials used on the site. Staff finds this standard to be met.
b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare
or vibration, or other emanationsl
Staff Finding
The proposeJoperation will generate dust, smoke, and noise. However, these impacts will
be kept at a minimum due to the distance from other properties, the constructed berm, and
grur.iirg to reduce dust. However, while the berm has been constructed, it has not been
IAequatety seeded / covered (shown in the photo) to reduce wind and water erosion to
ensure the berm maintains its integrity and does not simply erode away. The berm needs to
be sufficiently seeded with native grasses to mitigate this problem which may also require
irrigation *ui", which the Applicant has not provided or envisioned for the berm in a
,"g.tutio., plan. Staff finds that while this standard appears to be met, there are significant
issues which still need to be addressed.
Regarding noise, the Applicant provided an analysis conducted by Engineering Dynamics
Incorporaie d (edi)compieted inluly 2002.This analysis examined calculated noise levels
at the nearest property ines and nearest neighboring residences. As the Board is aware, the
county uses the state ,tutut". (CRS 25-12-l0l) for determining noise impacts. The analysis
considers the following:
The Assessors Map (on the right)
identifies the neighboring
properties as 064 - Subject
Property (5 ac.); 067 - Wilson
Property (10 ac.); 066 - Seastrom
Property (35 ac.); 069 - McKee
Property (22 ac.);056 - Hausler
Property (49 ac.); and 065
McCune Property (20 ac.).
Garfield County refers to the
statute regarding evaluating
potential noise imPacts for
projects. The Statute holds that"sound levels of noise radiatingfrom a property line at a
disiance of 2 5 feet or more there from in excess o.f the dB (A.) established for the following
time periids ind zones shall constitute (premafocia) evidence that such noise is a public
nuisince." The table below shows the zones and dB(A) acceptable for each zone and
particular time.
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As the Board is aware, the statute is ambiguous at best in the following two ways: 1)
weather the noise impact should be evaluated from the sender (emitter) or receiver
(neighboring use), and 2) weather the "zones" refel to the zoning classification of a
parti-cular piece of property or the actual predominant use thereon. The only certain elernent
in this statute is the fact that we know *ir"r. to measure the noise levels (25 feet from the
property line of the emitter). Therefore, Staff offers the following analysis for the Wilson
property. This analysis assumes the following:
I ) Staff finds the noise impact should be measured as it relates to the receiver properties
(the neighbors);
Z) Staff finds the'izone" classifications offered by the statute (in the table above) refers
to the actual use on the property rather than the underlying Garfield County zone
district designations;
3) The edi analysisprovided by the Applicant provides specific dB(A) on the property
line for all the adjacent proplrties. In phone consultation with edi,they indicated that
for purposes of this analysis, assume the same dB(A) for the 25 foot measure mark
radiating from the subject property;
4) Based on where the 2lfoot mark is located for the surrounding properties and the edi
analysis, Staff forwards the following considerations (table) regarding the neighboring
properties (pursuant to the state statute)'
Therefore, based on the forgoing data in the table above, it appears the statute does
practically apply to the Wilson residential property (067) and the Strong sawmill / log home
assemblyoperations (065). In both "ur"r,
th" noise received on those properties is within
the allowed dB(A) range of the receiving zones. This standard is met.
Zone TamtoTom TomtoTam
Residential s5 dB(A)s0 dB(A)
Commercial 60 dB(A)ss dB(A)
Lis.ht Industrial 6s dB(A)70 dB(A)
Industrial 80 dB(A)7s dB(A)
Landowner
OperaQg4
App lic ab ility of S taute "Zone"/
dB(A)Scenario
I
Scenario
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Applicant (subi ect ProPertY)56.5 49.0 N/A (This is the emitting property)Industrial
80-7s
Lot 067 44.9 40.2
Applies (lltilson also owns this
propertY)
Residential
5 5-50
North BLM proqertY 64.4 59.5
N/A (Only applies if BLM Land has
residence nearbv)
Vacant
Lot 065 62.5 5 5.4 Applies
Industrial
80-75
On Lot 065 across highwaY l3 58.4 51.9
N/A (25 feet is in middle of HighwaY
t3)Vacant
c) Impacts on wildlife and domestic animals through the creation of hazardous
attiactions, alteration of existing native vegetation, blockade of migration routes,
use pafferns or other disruPtions;
Staff Finding
The Applicant states they have observed some wildlife (deer and small animals) on the
prop"tty. Further, no domestic animals such as dogs will be allowed to run free on the site
u, ih"yu." a threat to wildlife. The Applicant asserts thlt at no time will there be any
hazardous attractions or negative disruptions to wildlife or domestic animals' Staff
forwarded this application to the Division of Wildlife for official wildlife comments;
however, no comments have been received to date so Staffcannot comment on the potential
blockade of migration routes, use patterns, or other disruptions to any wildlife in the area'
d) Affirmatively show the impacts of truck and automobile traffic to and from such
uses and their impacts to areas in the County;
Staff Finding
The propertyi, u"""r."d from State Highw ay 13. The Applicant has an approved driveway
permit for. ut""r, onto that road with the main condition that no more than 30 ADT maybe
generated from the site. Internal roads will need to adhere to the provisions set out by the
Rifl" pirc Protection District for emergency access in and around the site for emergency
vehicles (turning radius / weight). Stafiunderstands that this may already be addressed by
the Applicant since they will be using large tracto r I traller type trucks which also require a
large tuming radius and are also quite heavy'
tn addition, former comments provided by the city of fufle indicated the Applicant needs to
be aware of the City of Rifl" ordirurr""s relating to transporting goods into and out of the
operation. Specifically, Rifle has a noise ordinance and a posted weight limit on Railroad
Avenue. Trucks shouid plan to use the Highway 13 Bypass to get to the interstate (l-70)'
Staff finds this standard to be met.
e) That sufficient distances shall separate- such use from abutting property which
might otherwise be damaged by operations of the proposed use(s);
Staff Finding
Stafffinds that the uses in the general areaare currently separated at great distances' For
example, the nearest neighboring residential unit is approximately 500 yards from the site
and separated by the berm and owned by the Applicant. The property to the north is BLM
land and the land to the south is vacant and separated by state highway 13. The adjacent use
to the southeast is a logging operation which will not be adversely affected by this proposed
use and will be r"puriLOly an 8 foot sight-obscuring fence. Staff believes there to be
adequate distance from adjacent uses and the berm and proposed fencing will be effective
in mitigating these imPacts.
2)
f) Mitigation measures proposed for all of the foregoing impacts identified and for
the slandards identified in Section 5.03.08 of this Resolution
Staff Finding
These mitigation measures are addressed below.
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 !V the County Commissioners' beiore a permit for conditional or special use will be issued;
Staff Finding
The Applicant submitterd a site rehabilitation plan that consists of 1) removal of all
construction materials, 2) removal of all log peelings, and 3) planting native grasses as
recommended by CSU extension. The Applicant states that removal of the berm is not
proposed as parlof the site rehabilitation since it adds to noise mitigation from traffic on
3tui, Higt way 13. In addition, the Applicant intends to leave the 30,000 gallon cistern in
place as well as any buildings constructed on the property so that they can serve as shop or
,torug" facilities associated with uses allowed in the A/R/RD zone district in the event the
SUP is discontinued.
In an earlier application to the county, the Applicant provided a revegetation estimate (see
Exhibit@ conducted by Alpine Gardens Landscaping (done in 2000) which was designed
to providereseeding to ihe berm with a Biosol soil conditioner (dry-mountain mix) which
would be raked intolhe soil. This approach appeared satisfactory to the County Vegetation
Manager.
In addition, based on that estimate, the County Vegetation Manager provided that the
Applicant should post a revegetation security with the County for the seeding of the berm
and that the applicant has proposed an acceptable revegetation plan. (Exhibits G and II)
Staff finds this standard to be met.
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 ciedit, Lond, certified- check or other security deemed
acceptable by the County Commissioners in the amount calculated by the County
Commissioners to secu.e 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 ctrecx shall be payable to and held by the county
Commissionersl
Staff Finding
Based on theiomments provided by the CountyVegetation Manager, Staff agrees that the
Board should require the Applicant to post a revegetation security in the amount of
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52,300.00 with the County for the seeding of the berm. (Exhibit G)
c) Impacts set forth in the impact statement and compliance with the standards' coniained in Section 5.03.08 of this Resolution. (A. 93-061)
Staff Finding
The standards contained in Section 5.03.08 are included below'
C. Section 5.03.0g Industrial performance Standards: All industrial operations in the
County shall comply tt tth ,pptt"able 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 minimueheat,
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 standardsl
l) Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes It tn" time any new application is made. (A. 93-061)
Staff Finding
Clearly, the proposed operation will generate some noise. As such, the Applicant provided a
noise impact analysis completed by Engineering Dynamics Incorporated' This analysis
describes calculated noise levels at the nearest property lines and at the nearest neighboring
residences. Ultimately, the analysis concluded due to the berm and distance to other land uses,
no additional noise miiigation of *itt operations is required. Staff agrees with the findings as
noted and discussed earfier in the body of this memo. As such, Staff finds this standard is met'
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 UnL of the property on which the use is located;
Staff Finding
Staff finds that while there will be some limited intermittent vibration resulting from trucks and
equipment on the site, there will be no detectable ground vibration at the property boundaries'
Staff finds this standard to be met.
3) Emissions of smoke and particulate matter: every use shall be operated so as to
comply with all Federal, State and County aii quality laws, regulations and
standardsl
Staff Finding
The Applicant proposes to gravel the work area in order to keep dust down. staff finds this
standard to be met and will be included as a condition of approval.
4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it
does not emit 6eat] glaie, radiation or fumes which substantially interfere with the
existing use of adjoiiing property or which constitutes a public nuisance or hazard'
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Flaring of gases, aircraft warning signals, reflective painting of storage_tanks, or other
such olperi'tiorrr which may be required by law as safety or air pollution control
measures shall be exempted from this provisionl
Staff Finding
The Applicant states there will be minimal generated vapors which will emanate from the
trucks and equipment but will not have an impact on neighboring uses. Specifically, the nearest
residential unit is over 500 yards away, over the berm and behind a hill. Staff finds this standard
to be met and will be included as a condition of approval.
5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:(A97-
t12)
a) Storage of flammable or explosive solids or gases shall be in accordance with'
accepled standards and lawi 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; (A97-ll2)
Staff Finding
This shall be made a condition of approval.
b) At the discretion of the County Commissioners, all outdoor storage facilities may
be required to be enclosed by ience, landscaping or wall adequate to conceal such
facilities from adjacent property; (A97-ll2)
Staff Finding
The Applicait intends to enclose certain areas, either by existing berm or fencing,
devoted-to storage such that they will be concealed from adjacent properties.
c) No materials or wastes shall be deposited upon a property in such fo_rm or manner
that they may be transferred ofi the property by any reasonably foreseeable
natural causes or forcesl (A97-ll2)
Staff Finding
This standard will be a condition of any approval.
d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and
the following standards: (A97-112)
i. The minimum lot size is five (5) acres and is not a platted subdivision.
Staff Finding
The subject site contains 5 acres and is not part of a subdivision. This standard is
met.
ii. The equipment storage area is not placed any closer than 300 ft. from any
existing residential dwelling.
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Staff Finding
The nearest dwelling unit is over 500 yards away.
iii. All equipment storage will be enclosed in an area_ with screening. at least eight
(8) feet in height aid obscured from view at the same elevation or lower.
Screening maf include berming, landscaping, sight obscuring fencing or a
combination of any of these methods.
Staff Finding
The Applicant has constructed a l2 foot high berm that effectively screens much of
the site from view from the west and the south. The Applicant proposes to erect a
fence along the southeast property line to further screen the site from the south and
the east. Staff finds that existing berm and the proposed fencing indicated on the site
plan that this standard can be met.
iv. Any repair and maintenance activity requiring the use of_equip_ment that will
generaie noise, odors or glare btiyonil the-property boundaries will be
[onducted within a building or outdbors during the hours of 8 a.m. to 6 p.m.,
Mon.-Fri.
Staff Finding
This standard will be a condition of any approval.
v. Loading and unloading of vehicles shall be conducted on private property and
may not be conducted on any public right-of-way.
Staff Finding
This standard will be a condition of any approval.
e) Any storage area for uses not associated with natural resources shall not exceed
ten (10) acres in size. (L97-ll2)
Staff Finding
This standard is met.
0 Any tighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property
(Ae7-ttz)
Staff Finding
This standard will be a condition of any approval.
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.
Staff Finding
The Applicant asserts there are no potential hazards conceming water pollution. Further,
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there are no streams or lakes on the property where runoff could occur.
V. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons, the proposed Special Use Permit is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
VI. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners approve the request for a Special Use
permit to allow for an Industrial Operation / Natural Resources Processing to include pre-
assembly of log homes/ structures, storage of logs, storage of equipment, and shipment of
finished products on a property as described in Exhibit A with the following conditions:
That all representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioners, shall be conditions of approval, unless
specifically altered by the Board of County Commissioners.
This permit granted is for this specific use only 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.
The Applicant shall obtain all necessary building permits and ISDS permits in order to
construct a 30,000 gallon water tank as fire protection water for the area pursuant to the
recommendation by the Rifle Fire Protection District and to construct the office with
bathroom to include a sink forpotable water and to serve the wastewater/sanitation needs of
the operation. No Special Use Permit shall be issued by the aboard until these improvement
has been constructed and approved.
4. The Applicant shall erect an eight foot tall sight obscuring fence as depicted on the site plan
to be located along the southeast property line obscuring view into the work and storage area
from the neighboring property (065 on Assessor's Map) as well as from State Highway 13.
No Special Use Permit shall be issued until this fence has been installed.
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2.
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5. The Applicant shall construct roadways through the project site that can support the weight of
heavy emergency apparatus as well as the required turning radius for these types of vehicles.
6. The Applicant shall post the address of the facility where the driveway intersects the highway
so that the site can be easily identified. Numbers need to be a minimum of 4 inches in height,
Yz aninchin width, and contrast in color from their background.
7 . The Applicant shall clear open spaces around the area of operation as defensible space in the
event of a wildfire.
8. Volume of sound generated shall comply with the standards set forth in the Colorado Revised
Statutes at the time any new application is made.
g . 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.
10. 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 orhazard. Flaring of gases, aircraft
warning signals, reflective painting of storage tanks, or other such operations which maybe
required by law as safety or air pollution control measures shall be exempted from this
provision.
I 1. 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.
12. 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.
1 3 . 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.
14. Loading and unloading of vehicles shall be conducted on private property and may not be
conducted on any public right-of-way.
15. Any lighting of storage area shall be pointed downward and inward to the property center and
shaded to prevent direct reflection on adjacent property.
16. The Applicant shall post a vegetation security with Garfield County in the amount of
$2,300.00 for the revegetation plan. The security shall be held by Garfield County until
vegetation has been successfully reestablished according to the Reclamation Standards in the
County Weed Management Plan. No Special Use Permit shall be issued until this security has
t4
been provided to the County.
VII. RECCOMENDED MOTION
"I move to approve the request for a Special Use permit to allow for processing of natural
resources for Steve and Karen Wilson on a property located at the SE % of the NW % and
SW % of the NE % of Section 15, Township 55, Range 93W, Garfield County with
conditions."
V[I. PLEASE NOTE
Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
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Exhibits for Wilson SUP Public Hearing held on May 5, 2003
J L,,*.. +,^- Jo7 o v. h cv-.u
Exhibit tettei: .,
into z\' ,:
A Mail Receipts
B Proof of Publication
C Curfr.ta County Zoning Regulations lt l1# ,t r.q-*21
D Garfield County Comprehensive Plan o{2Qqq
E Aoolication
F Staff Memorandum
G ffion Manager to Building and Planning Dept. 4/25103
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MEMORANDIIM
To:Fred Jarman
From: Steve Anthony
Re: Comments on Whiskey Park Cabins Special Use Permit
Date: April 25,2003
Thanks for the opporhmity to comment on this Special Use Permit. I recornmend that the applicant post a
revegetation t""*ity for the proposed berm. The applicant has proposed an acceptable revegetation plan
and submitted an estimate of SZ:OO. I suggest that we request that amount in a revegetation security. The
security shall be held by Garfield County until vegetation has been successfully reestablished according to
the Reclamation Standards in the County Weed Management Plan. The Board of County Commissioners
will designate a member of their staffto evaluate the reclamation prior to the release of the security.
I have visited the property and have no noxious weed concerns at this time'
CITY 4I RIFLE
202 ltailroad Ave. 'P.0. Box 1908 'Riflc, Coloratlo 81650 ' (9'70) 625'2121'Fax (910) 625-3210
May I. 2003
Fred J'anrau
Garfi eld CoLurty Flirruring
l08 8rr'st, ste. 2ol
Clenwood Springs, CO 8160t
RE: Wilson Special Use Pcrmit
Dear Mr..[arman,
The City of Ri{le h:rs no concerns or corrrn'rents regarding the Wilson Special Usc Permit at
this time.
RECETVED
. rril r[
1 r ir_iJ
*ffi,iiE,f,'&ffi,]J.
plunnirrg and Devclopment Dept. .970-6254224 . (fax) 970-625-6268 'pltnning@rillcco.org
Man S
LeS,lEO'd EtFfhglBlS:cl 89a9-Seg-Or5- t ft-tru lo A]-rl:t^l8ul sb:68 !EAa-98-AUl^l
LOYAL E. LEAVENWORTH
SANDERN, KARP
DAVID H. MCCONAUGHY
JAMES S. NEU
JULIE C. BERQUIST
SUSAN W. LAATSCH
NICOLE D. GARRIMONE
ANNA S. ITENBERG
MICHAEL J, SAWYER
TERESA L. HOCK
JOSLYN V. WOOD*
*Of Counsel
LEAVENWORTH & KARP, P
ATTORNEYS AT LAW
1OI 1 GRAND AVENUE
P. O. DRAWER 2O3O
CLENWOOD SPRINGS, COLORADO 8I602
Tel ephone: (9'1 0) 9 45 -226 1
Facsimile: (9'70) 945 -7336
dhm@lklawfirm.com
Aprll29,2003
ED
DENVER OFFICE:*
W AZEE EXCHANGE BUILDING
IgOO WAZEE STREET, STE.2O3
DENVER, COLORADO 80202
TelePhone: (303) 825-3995
Facsimile: (303) 825-3997
* (P I eas e d irect all co rrespo ndence
to our Glenwood SPrmgs Offce)
A.
oH','
Mr. Mark Bean
Garfieid County tsuiitiing & Pianning Dept'
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
VIA FAX AND U.S. MAIL
Re: Wilson Special Use Permit Application
Dear Mark:
This letter is to provide comments on the Special Use Perrnit application filed by Steve and
Karen Wilson and scheduled for consideration by the Board of County Commissioners on May 5,
2OO3. Thank you for considering these comments'
I represent the neighbors, John and Alaine Seastrom. A letter from the Seastroms is enclosed
and is offered for the record in addition to the comments below.
l. The use is not authorized. The application sheet states that the requested use is
,,natural resource pr"""*t"&" which is listed as a special use in the A/R/RD district under Section
3.02.03 of the county zoniigregulations. However, the narrative contradicts the application sheet
and clarifies that the actual proposed uses include "selling retail logs" and a "log home building
site."
Section 2.02.31 (definitions) explicitly distinguishes between "processing" and "fabrication'"
While "saw mills" fall under the "proc.rrirg" .ui"gory, "fabrication" is defined to include the
manufacture of consumer goods from processed materials. A log home building business is
there lore fabrication, not processing.
The A/R/RD district does not include "fabrication" as a perrnitted, conditional, or special
use. In stark contrast, the CiG district includes "plant for fabrication of goods from processed
natural resources" as a conditional use. That is exactly what is proposed in this application'
Because the Zoning Resolution includes specific authorization for this use in the C/G district but
not in the A/R/RD district, the Board has no authority to permit the use here.
I :\2003\Climts\Seastrom\Letters\Bean- l.wpd
o
LEAVENWORTH & KARP, P.C
Garfi eld County Planning
Page 2
Apr|l29,2003
While the Board may have overlooked this distinction in the past with respect to the Strong
property, two wrongs simply do not make a right. As detailed in the Seastroms' letter, the Strong
property has been fraught with problems ever since.
Except for the sale of goods processed from raw materials produced on the /ot (Section
3.02.01), there is no provision in the A/R/RD district for the retail sale of logs. The narrative states
that the logs come from oregon. Section 3.02.01 therefore does not apply.
The noise study submitted by Engineering Dynamics, Inc. states that noise levels produced
on the site by loaders, tractor trailers, chain saws, and cranes will be at or exceed 60 db at 100 ft.
Noise levels from back-up beepers will be 76 db at i00 ft.
The noise from truck traffic may be underestimated in the report. The report estimates 2 trips
per day (1 in / 1 out), while the narrative estimates 20 trips per day (10 vehicles in and out),
including employees, customers, and the transporting of products.
C.R.S. 5 25-12-103 provides that noise levels are to be measured,25 feet from the property
line. From J a.m. to 7 p.m., the residential limit is 55 db, for commercial it is 60, for light industrial
it is 70, and for industrial it is 80. Thus, the proposed uses would exceed any standard other than
"industrial." Loaders and tractor trailers will obviously emit noise at the property line when entering
and leaving the property. Even in reference to the chart under the two "scenarios" at the property
lines, the residential noise limits are exceeded under both scenarios.
C.R.S. $ 25-12-102 defines "Residential zone" as "an area of single-family or multifamily
dr,'"'ellings u,here businesses ma)/ or ma-'rr not he conducted in such dwellings." There are single-
family homes in this area, including my clients' home. The area is therefore "residential," and the
noise standards would be exceeded based on the applicant's own study.
**{<
we urge the Board of county commissioners to deny this application.
Very truly yours,
KARP, P.C.
B.
)
t/L,t 2
Enclosure
cc: John and Alaine Seastrom
I:\2003\Clients\Seastron\Letters\Bem- 1 .wpd
Davi onaughy
;
Forest Service forecasters say "this fire season still is likely to be more
severe than normal because of the amount of fuel that has built up aud the
dryness of the fuel because of drought". The Fire Dept recommends that, if
allowed, a 3OK storage tank be installed; however, a fire truck expends 25OO
gal/miuute, so this would only allow 12 minutes of fire suppressiou. After seeing
how fast a wildfire spreads, this simply will not be enough.
B. Pollution due to light, uoise and air pollution. Under the proposed
permit, work would be allowed from 7am-7pm Monday through Saturday.
Artificial lighting would have to be installed, polluting our views of the night
slqy, one of many reasons we chose to live out of town.
Noise from the heavy equipment will be a continuing problem, as the
valley itself creates a natural acoustic bowl. We can hear our neighbors across
the highwaSr talking, as well as the creek gurgling. These are not intrusive
noises; however, after having Strong-Bilt in business for the past couple of years,
we can truthfully say the diesel equipment noise is uery intrusive. Contrary to
any arbitrary "sound tests" done, the noises do affect us adversely. We can no
Ionger enjoy a quiet morning sitting on our front porch or a dinner out-of-doors.- Air pollution from diesel equipment is such a health problem that the Bush
Administration has proposed reductions greater thsn 9O%for diesel equipment,
predicting the anrbs would preuent thousand of premafitre deaths, heart attacks and
V espir atory ailments caused by the lar g e amounts of micr o scopic soot. I h ave
asthma and it has been noticeably worse these past 3 years, enough that I am
again
e speed timit is 65 mph with low visibility as
the highway is not a straight, level road. Driveways are often unseen and both of
us havl had several near misses just turning into our drive, as ears behind us do
not always slow down. There is no passing lane and approaching traffic often
cannot be seen. Deer are also a concern; just 3 years ago 3 people lost their lives
in front of our house when deer jumped out of the ditch.
Industrial use is simply not compatible with residential living; that is
apparent in how municipalities always make a separation in these areas. The
noise, diesel pollutiou,light pollution and coustant fear of wildfire will adversely
impact our quality of life. One of the major reasons we chose to live out in the
country, forsaking town services, is for the tranquility of the area. The night slqy
is relatively undimished by light pollution, the views of the mountains from our
house and out at the Arch are still beautiful (as long as we don't look south at the
massive log yard of Strong-Bilt) the small noises of nature, water gurgliug in the
creek, the sounds of birds and sheep, even the howling of coyotes allows us to
remember we live in a world full of creatures who deserve their own space as
well. These sounds are preferable to us than the sounds of constaut traffic,
neighbors blaring stereos, children yelling, dogs barking and views of never-
ending rows of houses, apartments and the trashiness of industry.
a
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o
i
us a wonp i
,Mandatory cuB proposed in off-road i
diesel engine pollution i
WASHINGTON (Ap) -The Bush administra-tion proposed reductions greater than 90 percentin air poll-ution from diesel-powered farn, con_stuction and other off-road "qoip-*t drd;;.predicting the curbs would pr&ent thousanAs 6iprcmatue deaths, heart attacks and respiratory
ailments..
The-changcs would start with 2OOg'models,and all bulldozers, firm combines and other
diesel-powered equipment not used or, ,*a,must have modem emission controls W 2014.
Cleanerbumingdiesel fuel would have to'mntain
99 percent less sulfur by 2,010.
Diesel vehicles are responsible for large .
amounb of the microscopic soot that catrses r&
giratory problems and smog-causing chernicalsfro.q mgtor vehicles, with ionstru&or, fu.*,mining locomotive and marine engines the main
sources of off-road diesel pollution.
Healttl and envirorunental groups welcomed
th9.r.no.ve.gfnS it would ommati&uy improvepublic health
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7 April2002
Planning Department
Garfield County
Regarding the application of Steve and Karen Wilson for a special use permit to operate the
Whiskey Park Log Cabin business on their property located on the north side of Highway 13,
near acreage which I own on the south side of Highway 13, I have NO OBJECTIONS and wish
them the best of luck in this venture.
,fincerely
h*{tubI Joyce V. McKee
149 Little Park Road
Grand Junction, Co 81503
(970) 242-t304
I
K
July 16,2000
To Whom it may Concern:
RE: Stwe Wilson , Whiskey Park Log Cabins - Special Use Permit
Dear Sir:
Steve Wilson's' foperty is located approximate$ 7 l/2 mlles north on Highway 13. Being the closest house to
him, and the only one rvith a direct line of site of his property. I have no problem with granting Mr. Wilson the
pennits he needs for his operation.
The added benefits of having access to a 30,000 gallon storage tank on site more than offsets any drarvbacks. The
fire hazards that exist in this valley has always been a major concern of mine. Having this water to use to flght a
fue would be a huge benefit to weryone.
Storing logs and hrilding hornes would be no worse that the junk yards located on either side of his property- The
noise that might be generated would be no worse than the noise created b_v the traffic on Highway i3 itself.
Adding another neighbour to this area with a house, which I understand he plans to bnrild, will also increase
property values.
kt him use his land'ZLu
Bruce M. Nauroth
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