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HomeMy WebLinkAbout2.0 BOCC Staff Report 01.05.1998REOUEST: BOCC 1/5/98 PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for a natural resource processing facility, specifically a log home construction site. APPLICANT: Joe Ann Nichols/Smith & Co. LOCATION: A tract of land located in portion of Section 4 T6S, R92W of the 6th PM; more practically described as a parcel located along CR 236 (Harness Lane), northwest of Silt. SITE DATA: 90 acres WATER: Bottled SEWER: Portable toilets ACCESS: County Road 236 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD, Town of Silt I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel is located in Silt Urban Area of Influence on the 1984 Garfield County Comprehensive Plan, Management Districts Map.. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located northwest of Silt and split by Harness Lane. The portion south of Harness Lane is an area that is a relatively flat field that drains to the south, to an irrigation ditch separating the property form adjoining property in the Town of Silt. The property to the north Harness Lane is a relatively flat mesa that 1 sits approximately 40 ft. above the lower section. To the west is the K & K Lumber sawmill operation and to the south is a residential subdivision in the Town of Silt.. A vicinity map is shown on page B. Project Description: The applicant is requesting a special use permit for natural resource processing, to allow for a commercial log home construction business. The applicants put log home kits together on the property, using logs and lumber cut on the adjoining property by K & K Lumber. Sewage is disposal is by the use of portable toilets and domestic water is brought onto the site. Access to the site is off of County Road 236 (Harness Lane), which also provides access to the sawmill property on the property to the west. There is a crane in the center of the yard that is run by a mobile diesel generator. The crane is used to move logs around the yard . There is also a four-wheel drive crane for harder to reach areas and a four-wheel drive fork lift used for loading and organizing the yard. The maximum number of trucks on and off of the site is three (3) per day. III. MAJOR ISSUES AND CONCERNS A. Zoning: Site for extraction, processing, storage or material handling of natural resources are special uses in the A/R/RD zone district. As a special use, certain requirements must be met: 5.03 (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health officer shall either be in place or shall be constructed in conjunction with the proposed use; (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; (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. 5.03.07 (1) An impact statement demonstrating that the application shall be designed and operated in compliance with the applicable laws and regulations of the 2 County, State and Federal governments, and will not have a significant adverse effect upon: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Wildlife and domestic animals through creation of hazardous attractions, alteration or existing native vegetation, blockade of migration routes, use patterns or other disruptions. (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisances to areas elsewhere in the County; (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; (4) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement of such use. 5.03.08 Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels, with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one (1) hour, at any point of any boundary line of the property on which the use is located; (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) 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 Fire Code; (B) At the discretion of the County Commissioners, all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (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; (D) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (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 operations 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. The following are the staff responses to the applicant's proposal: 5.03.07 Industrial Operations (1)(a) Surface Water Impacts. The applicants have represented that there is no ground water use on the property or activities that would cause any adverse effects regarding surface run-off, stream flow or ground water". (b) Impacts on Adjacent Lands. The applicants state that the noise on the site is mitigated by the physical separation of the operation from the residential uses to the south. They state that there is no vibration from the site. The visual impacts are minimized by keeping the site in an orderly manner, giving it a clean appearance. Staff notes that the crane located on the property stands approximately 50 ft. high at its highest point and is visible from fairly significant distances from the property. This facility has been in place for a number of months and there have been no complaints regarding the visual impacts. Staff has received a verbal complaint about the storage activity occurring on the south side of the site in question. It appears that this site is used by the K & K Lumber Company for the storage of uncut logs. This appears to be a relatively new use and not properly permitted or classified as a nonconforming use. This needs to be resolved by the applicant providing documentation that would dispute the previous determination or by requesting the appropriate land use permit. (c) Wildlife Impacts. The applicants have not indicated that the proposed use will not impact wildlife corridors, but the operation should not create any additional impacts to wildlife than the adjacent sawmill. (d) Truck/Automobile Traffic. The applicants have stated that the maximum number of trucks coming to and from the site each day will be three. This should not create any additional impacts given the similar type of traffic use on the same road to the sawmill to the west, on the same road. (e) Distance from Adjacent Property Owners. The nearest adjacent use is the previously noted sawmill, which will not be affected by the operation. The residential uses are approximately 500 ft. away from the operation and separated by activities of the K& K Lumber Co. (f) Mitigation Measures. Staff suggests that the proposed conditions of approval provide adequate mitigation of the operation. 5 (2)(a) Site Rehabilitation. All of the operations and equipment are mobile, allowing for easy removal from the site. The wood products residual is biodegradable and should not create any problem for site rehabilitation. (2)(b) Security. Staff suggests that there is no reason for any security on the operation, beyond measures already taken by the applicant.. Section 5.03.08 Performance Standards (1) The applicants have indicated that noise levels will meet all existing state and federal regulations pertaining to mufflers and spark arresters. The physical separation of the proposed log home building activity should limit noise impacts associated with the operation. (2) The applicants do not expect any detectable vibrations from the logging operation. (3) The applicants have not indicated that any smoke or particulate matter will be generated that will need to be controlled by State and Federal standards. Section 5.03.12 A basic finding of a safe access route must be made by the Board of County Commissioners. The existing access off of the County road should be adequate for the proposed use and not create any safety issues. Section 9.03.05 - Periodic Review This section allows for the periodic review of a SUP if deemed necessary by the Board of County Commissioners. There does not appear to be any reason for a periodic review. IV. SUGGESTED FINDINGS 1. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all parties were heard at the meeting. 2. That the proposed special use conforms to the application requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. That the proposed land use will be compatible with existing and permitted land uses in all directions if appropriate conditions are attached to the permit. 6 4. That the proposed use will comply with all applicable standards contained in the Garfield County Zoning Resolution of 1978, as amended. 5. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends approval of the SUR, based on the following conditions: 1. That all verbal and written proposals of the applicant shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners; 2. That the hours of operation of the facility be limited to Via. m. to 6 p. m., Mer ay4tlwu may. C�� • J! Ocd _ A}ov _ F1 -re -A+.7- b That licant' per appr p erations dith erty that legally by the the natur re n Commiss r .urce process s . e within &KLum ed, shall e 9 ay. i . .• mpany : curring n the be remove.. .roperly 1 of - = .lution the app 9. All vehicles used in conjunction with natural resource operation must be licensed in the State of Colorado, through the Garfield County Clerk & Recorders Office. 7 COUNTY ROAD NUMBER 236 gorfal (sidl ,if"v,. -[o. euse'Brea manente .(nop :\.• rStr✓Ctvresl yieMPercry 11. I assembly reen *L-�+9'litc. I AA ISAW Mr 1L 2179-091-00-095 21?0-091-00-03e A4 2179-091• 05-017 Adjoining 2179-091