HomeMy WebLinkAbout3.0 BOCC Staff Report 07.17.2003!*', ^6^'fff-i: ?/,farz->, / o*,* t
BOCC 07117100
PROJECT INFORMATION AND STAFF COMMENTS
REOIIEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
EXISTING ZONING:
SURROUNDING ZONING:
A request for review of a Special Use Permit to allow
for an Industrial Operation (Pre-assembly of log
homes/structures, storage of logs, storage of
equipment, shipment of finished product).
Steve A Wilson/Whiskey Park Log Cabins.
SEl/4 NWl/4 and SWl/2 NEl/2 of S15, T5S, R93W.
Approximately 4 miles northwest of Rifle on the north
side of State Highway 13.
The subject property is approximately 5.0 acres in
size, of which only 2.5 acres can be used for the
proposed operation as per the submitted access
perrnit.
State Highway 13.
Agricultural/Residential/Rural Density (AIR/RD).
Southwest: Resource/Lands (R/L).
Southeast: (A/R/RD).
Northwest: (A/R/RD).
Northeast: Open/Space (O/S).
I. INTRODUCTION:
The applicant, Steve A. Wilson/Whiskey Park Log Cabins, has applied to receive a Special
Use Permit for the purpose of allowing an Industrial Operation (pre-assembly of log
structures, storage of logs, storage of equipment, and shipping of finished product).
II. DESCRIPTION OF Tr{E PROPOSAL
The proposal is for a Special Use Pemrit for an Industrial Operation.
The proposed industrial operation includes the delivering, storage and processing of logs, and
the pre-assembly of log structureslhomes. Logs are hand peeled and formed using air
compressor powered chipping hammers and gas powered chainsaws. Homes are then pre-
assembled using cranes. A portable sawmill is used to flatten some logs on one side for floor
joists and purlins.
Hours of operation are proposed to be Monday through Saturday from 7:00 a.m. through 7:00
p.m. with no operations conducted on Sunday, and no loud equipment used after 6:00 p.m.,
Monday through Saturday. There will be approximately 2-10 employees with an average of
The equipment and facilities to be used and stored on site include:
a storage shed (30' 8" x 26') with a 35,000 gallon water storage cistem (of the
applicant's design) below the shed for fire protection. (A building permit will
be required for the proposed storage shed and storage cistem).
2 cranes
I portable sawmill
I loader
I semi-truck
3 trailers
2 tactors
I air compressor
portable toilet
various hand tools (including air-chipping hammers and chain saws)
logs
A 35,000 gallon cistem will be located below a proposed shed in the northeast portion of the
subject property to supply water for fire suppression only. This water will not be used for any
other use other thm fire suppression. This water will not be potable. This water is to be
supplied by Johnson Construction [nc. or the City of Rifle, as per the submitted proposal (See
applicant submittal).
Raw log storage is to be in the northwest area ofthe property as depicted on the submitted
drawing. Processing is to occur in the cental area of the properly as depicted on the
submitted plan as the processing area. The existing corral will be removed. The processing
area will also be used to store/use 2 cranes, t portable sawmill, I loader, I fiactor and the
portable toilet. The rest of the equipment from above (except air-chipping harnmers and chain
saws) will be stored in the area next to the proposed berm close to Highway l3 as depicted
on the submitted plan. The upper storage area on the hill will be used to store odd (smaller)
pieces of wood and logs. The proposed shed will house the smaller pieces of equipment such
as air-chipping hanrmers and chain saws. No storage of fuel other than in portable fuel
containers is proposed on-site. The proposed storage shed and water cistern below the shed
will be located in the northeast portion of the subject property as depicted on the sub,rnjtted
approximately l0 automobile daily trips (ADTs).
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partial site plan.
Logs will be delivered by semi-truck and then shipped out finished approximately twenty
(20) to thirty (30) times a year.
A portable toilet will be on-site (*ithin the processing area) and will be serviced once a
week. No on-site water will be supplied, instead, drinking water will be brought on-site for
employees and general use. Electricity service is to be connected to and a security light
installed on-site.
RELATIONSHIP TO THE COMPREFIENSIVE PLAN
District C:
The Garfield County Comprehensive Plan, 1984, designates the property as in District C,
Rural Areas/It4inor Environmental Constraints. The minor environmental consfaints pertain
to residential and cornmercial development where buildings would be constructed for housing
or work use. Since they are minor environmental constaints, and all work will be conducted
outside, these minor environmental constraints should not have an impact on this application.
In fact, an application for an Industrial Operation where no buildings will be used to house
people, and all work is being done outside, is an ideal use for District C, where minor
environmental constraints exist.
lndustriaVC ommercial :
GOaI: TO MAINTA]N AND SUPPORT THE EXISTING ECONOMIC BASE OF THE
COUNTY AS WELL AS TO PROWDE FORA DIVERSIFIED ECONOMY TO
BROADEN EMPLOYMENT OPPORTUNITIES AND ENSURE THE STABILITY OF
THE REGION.
An Industrial Operation such as is proposed will likely diversiff the economy of
Garfield County by providing jobs which are not based on recreation or tourism as is
historically prevalent. In addition, this use should frtrther ensure the stability of the
regron.
Objectives: 6.E nc our a ge i ndu s t ri al expans i on w her e si mi I ar dev e I opm ent al re a dy
exists in appropriate areos, i.e., within or adiacent to platted
industrial parl<s, within designated industrial zones in existing towns,
or adjacent to existing similar development.
The property adjacent to the southwest currently has a valid Special
Use Perrrit for a sawmill processing operation. This is clearly similar
development which is adjacent to the subject properly.
Require industrial development to use buffers between less intensive
land uses.
With this objective in mind, the applicant will be required to buffer
the proposed industrial operation from the less intensive land uses to
the northwest, and northeast. Since the property to the south has a
current Special Use Permit allowing a sirnilar operation it would not
be a less intensive use. Thus, additional buffering for this property
will not be required. The applicant is proposing a berm along the
southwest portion of the subject propoty along Highway 13. A
similar berm will be a condition of any approval along the northwest
boundary of the subject property beginning at the BLM property
boundary on the norttr traveling west along the boundary between the
subject property and the property to the northwest also owned by the
applicant to intersect with the proposed benn along the southwest
boundary of the property along Highway 13. Although the applicant
cunently owns the property to the northwest, there is the potential for
this property to be sold and used for a residential use as it is zoned.
Thus, this berm will buffer that property from the proposed industrial
use. To the norttreast is BLM land which appears will be satisfactorily
buffered by the existing hill sn site and the existing fence around the
proposed equipment storage area close to the BLM land which will
be used to store small wood pieces *d logr.i.S, i
Comoatibilitv:
This application, as it is submitted at this time, based upon the above discussion, is not
compatible with the surrounding area.
4
V.
Conclusion:
This application appears to be in compliance with portions of the Garfield County
Comprehensive Plan, 1984, and not in compliance with others based on the above discussion.
Thus, general compliance with the Comprehensive Plan is questionable.
RIFLE FIRE PRQTECTION DISTRICT:
Ira a letter dated September 24,1999 (See application package), the Rifle Fire Protection
District made four (4) recommendations which must be adhered to as part of any approved
Special Use Permit. One of the recommendations was to provide a water supply with a
midmun of 30,000 gallons, The applicant is proposing a 35,000 gallon storage cistern under
the proposed shed (see application submittal).A building permit will have to be obtained for
this proposed cistern.
CITY OF RIFLE:
The City of Rifle commented in a letter dated May 6,1999 (See pgs 14-16). This letter states
in part, "The applicant needs to be made aware of the City of Rifle ordinances relating to
transporting goods into and out of his operation. Specifically, Rifle has a Noise Ordinance
and a posted weight limit on Railroad Avenue. Trucks should plan to use the Highway 13
B5ryass." The applicant should take this information under advisement when operating this
business and comply with any pertinent regulations.
GARFIELD COI-NTY ZONING RESOLUTION:
Section 5.03 Conditional and Special Uses states:
As listedunder the Zone District Regulations, conditional and special uses shall conform to
all requirements listed thereunder and elsewhere in this Resolution plus thefollowing
requirements:
(t) tJtilities 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;
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Sanitation service is to be provided via aportable toilet which will be serviced once
a week as per the applicant's repressntation. This should supply an adequate
sanitation service.
Given the above discussion, this application does not comply with this regulation
(Section 5.03 (1).
Street improvements adequate to accommodate trffic volume generated by the
proposeduse and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunction with the proposed use;
(2)
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Internal roads must follow the recommendations of the Rifle Fire Protection District
(see application submittal).
(s)Design of the proposed use is organized to minimize impact on andfrom adiacent
uses of land through the installation of screenfences or landscaping materials on
the periphery of the lot and by location of intensively utilized areos, access points,
lighttng and signs in such a manner as to protect established neighborhood
characler;
At this time, The proposed access point directly offof Highway 13 should not
adversely affect neighborhood character. All lighting will have to be the minimum
trecessary and be projected down and away from any adjoining propsrty. Any sigus
on the subject property will have to meet the Garfield County Sign Code, Section
5.07 of the ZonngResolution. The only types of signs allowed on this property glven
its zoning of AIR/RD are "wall", "projecting", "suspended roof'and "temporary" as
per the Garfleld County Sign Code. Thus, the proposed "freestanding" sip would
not be allowed in this zone district.
Given the above discussion, this application does not comply with this regulation
(Section 5.03 (3)).
Section 5.03.07 Industrial Operations of the ZonngResolution states:
Industrial Operatians, including extraction, processing, fabrication, industrial support
facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and
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utility lines, shall be permitted, provided:
The applicantfor a permitfor 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 choracteristics... The impact statement shall address
thefollowing:
Ten (10) copies have been submitted.
Existing lawful use ofwater through depletion or pollution of surface run-off,
stream flow or ground water;
As per the applicant's submittal, "Any oils used in the equipment will be disposed of
according to hazardous regulations. All hazardous materials will be stored in their
proper containers inside tailers to prevent any accidental spillage." However, oils are
not considered to be hazardous materials, as such, the applicant will be required to
simply comply with any state and/or federal laws pertaining to the storage of oils and
not those pertaining to hazardous materials. Any materials which are considered to be
hazardous will have to be stored in accordance with laws pertaining to hazardous
materials as discussed later in this report.
Impacts on adjacent landfrom the generation ofvapor, dust, smoke, noise, glare or
vibration, or other emanations;
These impacts will be kept to a minimum due to the distance from other properties,
the installation of tJre required berms and measures to be taken by the applicant
(A)
(B)
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within their submittal such as graveling intemal roads to reduce dust. tfd#.6rej,li$#€t
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(c)
Thus, this application does not comply with this regulation (5.03.07(1XB).
Impacts onwildlife and domestic animals through the creation of hazardous
attraclions, alteration of existing native vegetation, bloclade of migration routes,
use patterns or other disruptions;
As per the applicant's submittal the only real danger posed to wildlife is that of
domestic animals on-site. Their dog will have to be kept under contol at all times.
No migration routes will be blocked. All chemicals will be stored inside.
Affirmatively show the impacts of tntck and automobile trffic to andfrom such uses
and their impacts to areas in the County;
(D)
(E)
An access perrnit to Highway 13 has been ganted. This permit will have to be
followed with all conditions as imposed by CDOT. lntemal roads must adhere to flre
recommendations of the Rifle Fire Protection Disfict (See submittal).
That sfficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed use(s);
Mitigation measures proposedfor all of theforegoing impacts identified andfor the
standards identified in Section 5.03.08 of this Resolution
Section 5.03.08 standards are addressed below.
Permits may be grantedfor those uses with provisions that provide adequate
mi ti gati on for the fo ll owing :
A planfor site rehabilitation must be approved by the County Commissioners before
a permitfor conditional or special use will be issued;
The County Commissioners mdy require security before a permitfor a special or
conditional use is issued, if required. The applicant shallfurnish 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 execution of the site rehabilitation plan in workmanlike manner and in
accordance with the specifications and construction schedule established or
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approved by the County Commissioners. Such commitments, bonds or check shall
be payable to and held by the County Commissioners.
(C) Impacts set forth in the impact statement ond compliance with the standards
contained in Section 5.03.08 of this Resolution.
Section 5.03.08 is addressed below.
Section 5.03.08 Industrial Performance Standards states :
All industrial operations in the County shall comply with applicable County, State, and
Federal regulations regulatingwater, air 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 fficts beyond the boundaries of the property inwhich such uses
are located, in accordwith thefollowing standards;
(l) Volume of sound generated shall comply with the standards setforth in the
Colorado Revised Statutes at the time any new application is made.
This will be a condition of approval.
(2) Vibration generated: every use shall be so operated that groundvibration
inherently and recurrently generated is not perceptible, without instntments, at any
point of any boundary line of the property onwhich the use is located;
This will be a condition of approval.
(3) Emissions of smolce and particulate matter: every use shall be operated so as to
complywith all Federal, State andCounty air quality laws, regulations and
standards;
This will be a condition of approval.
(4) Emission of heat, glare, radiation, andfumes: every use shall be so operated that it
does not emit heat, glare, radiation orfumes 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 tanla, or
10
(s)
(A)
other such operations which may be required by law as safety or air pollution
control tneafires shall be exemptedfrom this provision;
This wil1be a condition of approval.
Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
Storage of/lammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with the nationol, state and localfire
codes and written recommendations/comments from the appropriate local
protection district regarding compliance with the appropriate codes;
This will be a condition of any approval.
At the discretion of the County Commissioners, all outdoor storagefacilities may be
required to be enclosed byfence, landscaping orwall adequate to conceal such
fa ci I i ti es from adj ac ent property ;
No materials orwastes shall be depositedupon property in suchform or manner
that they may be transfeted of the property by arry reasonablyforeseeable natural
causes orforces;
This will be a condition of approval.
Storage of heavy equipmentwill only be allowed subiect to (A) and (C) above and
the fol I ow i ng s t andards :
l. The minimum lot size isfive acres and is not a platted subdivision.
The subject properly is five acres in size and is not part of a platted
subdivision.
2. The equipment storage area is not placed any closer than 300ft. From any
exi sting r e si dcnti al dw e I ling.
(B)
(c)
(D)
11
The two berms discussed elsewhere in this staffreport along the southwest and
noflhwest boundaries of the subject property along with furttrer buffering and
concealment as discussed in (D) 3 below should be sufficient to conceal such
facilities &om
(E)
According to the applicant's submittal, this distance requirement is being met
and will be a condition of any approval.
3. All equipment storage will be enclosed in an area with screening at least
eight (8) feet in height and obscuredfrom view at the sarne elevation or
lower. Sueening may include berming, landscaping, sight obscuringfencing
or a combinotion of any of these methods.
As discussed earlier, the majority of equipment will be stored in the area
labeled storage area for equipment on flre submitted plan next to the proposed
berm along Highway 13. Some equipment will be stored/used in the area
labeled processing area, and small equiprnent will be stored in the proposed
shed. The storage area in the northeast section of the properly where the well
is will be used to store smaller wood pieces. Thus, the area labeled storage
area near the proposed benn along Highway 13 must be enclosed on the two
sides not enclosed by the two berms (northeast and southeast) by either/or a
combination of berming, landscaping, and/or sight obscuring fencing at a
height of at least eight (8) feet. The processing area where some storage/use
of equipment will occur will contain up to two cranes which will be seen over
the heigtrt of any eight (8) foot fence and thus the requirement of such
enclosure would not be effective. }f,if,
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4. Any repair and maintenance activity requiring the use of equipment thatwill
generate noise, odors or glare beyond the property boundarieswill be
conductedwithin a building or outdoors during the hours of I a.m. to 6 p.m.,
Mon-Fri.
This will be a condition of approval.
5. Loading and unloading ofvehicles shall be conducted on private property
and may not be conducted on any public right-of-way.
This will be a condition of approval.
Any storagefor uses not associatedwith natural resources, shall not exceed ten (10)
acres in size.
This will be a condition of approval.
Any ltghting of storage area shall be pointed downward and inyyard to the property
center and shaded to prevent direct reflection on adjacent property.
(F)
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This will be a condition of approval.
(G) Water pollution: in a case inwhich potential hazards exist, it shall be necessary to
install safeguords designed to complywith the Regulations of the Environmental
ProtectionAgency before operation of thefacilities may begin.
Any necessary safeguards will have to be installed as per the Regulations of the
Environmental Protection Agency as a conditiotr of any approval.
All percolation tests or ground water resource tests as may be required by local or
State Health Officers must be met before operation of thefacilities may begin.
This will be a condition of any approval.
VII. SUGGESTED FNDINGS:
1. That proper posting and 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
cornplete, 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 not
in the best interest of the healttr, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application is nat in conformance with the Garfield County Zortng
Resolution of 1978, specifically sections 5.03(1), 5.03(3), 5.03.07(1XB),
5.03.07(1XE), s.03.07(2XA), and 5.03,08(5XB) as amended.
Vm. RECOI\dIvIENDATION
Sta.ffrecommends DENIAL, of this application based on the following:
1. Sections 5.03(1), (adequate water); 5.03(3), (minimizing impact through
landscaping); 5.03.07(1)(B), (impacts on adjacent property); 5.03.07(1XE),
(sufficient distance from other properly with respect to proposed berm mitigation);
5.03.07(2XA), (site rehabilitation plan); and 5.03.08(5XB), (landscaping to conceal
facilities), of the ZonngResolution have not been complied with in this application.
13
202 RAILROADA\TENUE . PO. BOX 1908 . RIFLE, COLORADO 816b0 . (9?0) 6Zb-2tZL. FAX e7D 62S4ZLA
May 6, L999
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REgENES$N
Kit Lyon
Staff Plarurer
Garfi eld County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Wilson Special Use Permit - Whiskey park Log Homes
DearKit,
Thank you for sending us the Whiskey Park Log Homes project for our review, Jeff
Simonson, Consulting Engineer, and I have reviewed the application together,
The applicant needs to be made aware of the City of Rifle ordinances relating to
transporting goods into and out of his operation. Specifically, Rifle has a Noise
Ordinance and a posted weight limit on Railroad Avenue. Trucks should plan to use the
Highway 13 Bypass.
Sincerely,
ilrrr;-* fef/"d
Patricia F. Hopkins
Planning & Building Department
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