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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.09.2008• • BOCC Exhibits (6/9/2008) (SUP - Storey Contractor's Yard) Exhibit Letter (A to Z) A Memo via e-mail from Jake Mall of the Garfield County Road and Bridge Department, dated June 3, 2008 B Proof of Mail Receipts c Proof of Publication D Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) E Staff Memorandum F Application G Garfield County Comprehensive Plan of 2000, as amended H Town of Silt Comprehensive Plan of 1996, as amended J K GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT A Date Sent: May 16, 2008 Comments Due: June 3, 2008 Name of application: Storey, Duane L. & Linda K. Sent to: 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 Staffs contact: Dusty Dunbar 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. The driveway entrance to this property meets all conditions to allow for this size of vehicle for safe entrance. The size of vehicle does not have an impact on Cr. 261. Cr. 261 is a low volume traffic road and this SUP does not have an impact on the total traffic volume for this road. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date _June 3, 2008 Revised 3/30/00 Special Use Permit: Storey Contractor's Yard Request for a Contractor's Yard in the ARRD Zone District Board of County Commissioners _ June 9th, 2008 Project spect f i.cs RI_Qt Application for a Special Use Permit to permit a Contractor's Yard APPLICANT Duane and Linda Storey LOCATION 0285 County Road 261, Silt SITE DATA 2.003 Acres ACCESS County Rood 261 EXISTING /ADJACENT ZONING: Agriculture/Rural/Residential Density (ARRD) 21 RELATIONSHIP TO THE COMPREHENSIVE PLAN has relationship to the Town of Silt Comprehensive Plan of 1996 Aescripti.ow of I.tse 2 REQUEST Application for a Special Use Permit (Contractor's Yard) ® Duane and Linda Storey have a contract with the U.S. Postal Service to transport mail between communities of Glenwood Springs & Vail. IID Mail is carried in enclosed commercial trucks (owned by the applicants), delivered, and four of the five trucks are parked at the postal facility. One truck (empty) is parked on the residential property as emergency back up. 2 Major repairs are not performed on the property; they are done by commercial truck service facilities in the area. m Minor maintenance is conducted on the property. Maintenance will be performed inside a temporary fence enclosure until a shop building is completed. After which, all operations will be performed inside the building. 1 Storey Residence 0285 County Road 261 Relati.owship to covu.prehews%ve platy o f 2000 Proposed Land Use Drsvlcrs. Snidy Areas 2 6 2 Gemerd downy, Cororedo 13 Town Urban Grotvtti ! le )"' Boundary _" x (UGB) As shawn on't4feGar d County Ct ro Plan m2P 8b098. the sue3 Ct parte ♦S. near the Town of Sift Urban Growth,B The parcel., I+ter/o0,4- aas a r ai�Llps� Town of` ,CO iaR 3jf.S+• Relati-owship to Toww of sClt Coiuprehewstve Platy of 1,996 2 site PLaw Storey Residence contrac R.ectuirewtewts for a cowtractor's Yard, sect%ow 5.o3.0y IwdustviaL operat).ows (storage) An Impact statement shall be prepared by the applicant and ten (10) copies submitted to Garfield County, to include responses to conditions set forth in 5.03.07, (a) through (1). 2 These conditions include: the lawful use of water, mitigations of nuisances generated, mitigation for effects on wildlife, traffic. RectuCrevuewts for a cowtractor's Yard, sect).ows.o3.oe, IwdustrialPerforma woe staKala yds Industrial Performance Standards ® All industrial operations in the County shall comply with all applicable County, State and Federal regulations regulating water, air and noise pollution, Operations shall be conducted in a manner to prevent the operation from constituting a nuisance or hazard, Operations shall be conducted in a manner to minimize heat, smoke, dust, vibration, glare, and odor and all other undesirable environmental effects beyond the boundaries of the property, 3 Rectutrevu.ewts for a cowtractor's Ward, seottow5.o3.oe, IwdustrtaL Per -Forma woe stawdards Industrial Performance Standards Noise shall meet the requirements of CRS 25-12-103: Residential levels, measured 25' ft beyond property boundary 55 dbA between the hours of 7 am and 7 pm, 50 dbA between the hours of 7 pm and 7 am, exceeded only by 10 dbA for no longer than 15 minutes in any single hour period Vibration imperceptible at any point of the boundary line Emissions of smoke and particulate matter- n/a Emissions of heat/glare/radiation /fumes- operation shall not substantially interfere with existing use of adjacent properties or cause a public nuisance 2 Rectutrei ewts for a tractor's Yard, seottow5.os.oe, twdustrialPerfo wawoestawdarots Industrial Performance Standards • (5) Storage Area, Heavy Equipment must meet (A) and (C) • (A) Storage of flammable or explosive solids or gases must meet all requirements including those of local fire protection provider • (C) No materials or wastes shall be deposited on the property that could be carried of by foreseen natural causes Heavy Equipment Storage also is required to meet the following standards: 2 Parcel must be a minimum 5 acres and not a part of a platted subdivision • The equipment storage area must be placed more than 300 feet from any existing residential dwelling • All equipment storage shall be enclosed in an area with screening at least 8 ft in height and obscured from view at the same elevation or lower. Rectutrevwewt s met? Industrial Performance Standards ® (A) Storage of flammable or explosive solids or gases must meet all requirements including those of local fire protection provider • (C) No materials or wastes shall be deposited on the property that could be carried of by foreseen natural causes Heavy Equipment Storage also is required to meet the following standards: 2 All equipment storage shall be enclosed In an area with screening at least 8 ft in height and obscured from view at the same elevation or lower. Yes, can be met. Yes, can be met. Yes, can be met. 4 Recluirevuewts Met? Industrial Performance Standards Heavy Equipment Storage also is required to meet the following standards: Parcel must be a minimum 5 acres and not a part of a platted subdivision. The equipment storage area must be placed more than 300 feet from any existing residential dwelling. Yes, it is not a part of a subdivision, No, the parcel is not 5 acres. No, 0 does not meet the required distance from the owner's residence, oil equipment, however, will be enclosed inside a building. staff Recoru.vu.ewdatiow Approval with conditions 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and sound generated shall comply with the standards set forth In the Colorado Revised State Statute 25-12-103, 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 (temporary screened area) during the hours of 8 am to 6 pm, Mon. -Fri. 3. The Applicant shall comply with all performance standards identified in §5.02, and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 5 RectuLref tewts Met? Industrial Performance Standards E The equipment storage area must be placed more than 300 feet from any existing residential dwelling E The Contractor's Yard enclosure, and the future shop building is 300 feet from any existing residence....with the exception of the residence of the Applicant. The Contractor's Yard use is at least 300 feet from all existing residences adjacent to the parcel. The distance requirement seeks to preserve the 'residential character' of the neighborhood. w With the activity and storage of all commercial vehicles and materials INSIDE an enclosed structure, it is compatible to the neighborhood. staff Recoru.vu.ewdatiow Approval with conditions 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and sound generated shall comply with the standards set forth In the Colorado Revised State Statute 25-12-103, 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 (temporary screened area) during the hours of 8 am to 6 pm, Mon. -Fri. 3. The Applicant shall comply with all performance standards identified in §5.02, and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 5 staff f RecommewdatCow 4. The 300 -foot distance requirement for this proposed Contractor's Yard is being satisfied on all adjacent properties, but not that of the Applicant. Because the activity to be administered by the Special Use Permit will be contained inside a permanent building, the distance from the Applicant's existing residence should not be a factor. s. All storage of equipment and materials shall be conducted within the proposed shop building or temporary area adequately screened on all sides with a solid -board 8' fence to be completed within 90 days of permit, which shall comply with Garfield County requirements including standards as to setbacks, height, sight distance and shall not block access easements on the property. 6. No materials and wastes shall be deposited upon the property in such way that they may be transferred off the property by any reasonably foreseeable natural causes or force; a Stortnwater Management Plan to utilize Best Management Practices, and shall implement the plan in conduct of this permit. staff izecommevolati.ow 7. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway at an acceptable level, no less than once a year. 8. No more than two commercial vehicles may be parked on site. 62.0 estLovvs? 6 7 I Michie's Legal Resources Page 1 of 3 25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7:00 a.m. to 7:00 p.m. to next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine -made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. nro-.,ir„tcradri/1„PXt dll/cocode/1/41172/43766/449d8/44a03?f=templates... 6/4/2008 Michie's Legal Resources Page 2 of 3 (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (12) (a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the "Public Utilities Law", articles 1 to 7 of title 40, C.R.S. (b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12). (c) For the purposes of this section: (I) "Electric transmission facility" means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts. (II) "Rights-of-way for electric transmission facilities" means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility. Source: L. 71: p. 648, § 1. C.R.S. 1963: § 66-35-3. L. 82: (10) added, p. 424, § 1, effective March 11. L. 87: (11) added, p. 1154, § 1, effective May 20. L. 2004: (12) added, p. 736, § 2, effective July 1. Cross references: For the legislative declaration contained in the 2004 act enacting subsection (12), see section 1 of chapter 219, Session Laws of Colorado 2004. ANNOTATION Am. Jur.2d. See 61C Am. Jur.2d, Pollution Control, § 1533. Residential development of property is not precluded when noise emanating onto property exceeds limits set forth in this section. Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979). Trier of fact to determine mode to use in measuring noise. Davis v. lzaak Walton League of America, 717 P.2d 984 (Colo. App. 1985). Applied in City of Lakewood v. DeRoos, 631 P.2d 1140 (Colo. App. 1981). x111/cocode/1/41172/43766/449d8/44a03?f=templates... 6/4/2008 I BOCC 06/9/2008 DD Duane & Linda Storey Contractor's Yard SUP Project Information and Staff Comments REQUEST Special Use Permit to allow a Contractor's Yard in the ARRD Zone District APPLICANT / OWNER Duane & Linda Storey LOCATION 285 County Road 261, Silt, CO WATER/SEWER WeII/ISDS EXISTING ZONING Agricultural Residential Rural Density PARCEL NUMBER 2127-364-00-045 I REQUEST The request is to allow a Contractor's Yard in a residential zone. Contractor's Yards are contemplated in the Agricultural Residential Rural Density Zone District (ARRD) as a Special Use (§3.02.03). View from the public gig of the Storey Residence Count Road 26 1 lookin 46 1 BOCC 06/9/2008 DD 11 REFERRALS Burning Mountain Fire Protection District: No Comments Received Garfield County Road and Bridge Department: Comments cited below in (2), and as Exhibit A 111 § 5.03 Review Standards (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; 2 BOCC 06/9/2008 DD Staff Finding Applicant states that there will be a minimum of water usage related to the trucks as the minor maintenance is generally component replacement and storage of the vehicle on- site. The proposed Contractor's Yard operation will utilize an existing residence for any sanitary or office purposes, and no other employees. The existing well and ISDS are adequate. (2) Street Improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Staff referred this application to Garfield County Road and Bridge Department (Road and Bridge). Jake Mall of Road and Bridge provided the following comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. • The driveway entrance to this property meets all conditions to allow for this size of vehicle for safe entrance. • The size of vehicle does not have an impact on CR 261. • CR. 261 is a low volume traffic road and this SUP does not have an impact on the total traffic volume for this road. Because the traffic generated by this operation is equivalent to that of residents commuting from home to workplace, no additional traffic analysis was necessary. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding Adjacent uses include residences, residences with accessory agricultural use, residences with personal vehicles for business use (pickup trucks.) The operation of a Contractor's Yard on the subject property is consistent with the existing adjacent uses. Section 5.03.07 Industrial Operation The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: 3- BOCC 06/9/2008 DD (1) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The applicant states that there is little or no run-off and water use associated with the vehicle storage and minor maintenance. Staff recommends that the Board require the Applicant to refrain from maintenance activities that generate wastewater (such as vehicle washing on-site) in the operation of the proposed Contractor's Yard. Staff recommends that waste water generated through the use of pressure washer, etc. be contained and adequately disposed of at a proper facility, (2) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding Staff recommends periodic treatment of the gravel driveway to reduce dust emissions. A sound analysis prepared by the applicant did not demonstrate compliance with noise standards cited in Colorado Revised Statutes (CRS) 25-12-103 for the Residential zone because it was not assessed at the location stated in the statute. A decibel level is to be measured at 25 feet from a property line; the applicant measured the noise immediately adjacent to its generation. (Measurements taken did not exceed 68 dbA. ) The noise generated did not exceed the time parameters of CRS 25-12-103.(2) but it is unclear what the dbA level is at 25' beyond the property boundary. The residential / agricultural nature of the neighborhood and adjacent uses would allow for a daytime dbA of 55 (7 am to 7 pm) and 50 dbA at night (7 pm to 7 am). Noise level may exceed the Residential level of 55 daytime by no more than 10 db(A) not to exceed 15 minutes in any one-hour period. Noise generated by the proposed use will need to be demonstrated to be within the parameters for the existing residential neighborhood to comply with State Statute. (3) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding The applicant states that the wildlife values and management opportunities are very limited. It is recommended that the Applicant control noxious weeds, minimize disturbance, re -seed the property with native grasses, as recommended by Steve Anthony of Garfield County Vegetation Management. It is also recommended by Staff that the applicant seek advice from the Colorado State Extension Office on `green screening' with vegetation, in addition to the required fence. (4) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; 4 BOCC 06/9/2008 DD Staff Finding The proposed storage area is located off County Road 261 that is constructed to accommodate this traffic. It is the opinion of the Road and Bridge Department that the proposed use will not impact county infrastructure. (5) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding While the storage area is not separated from the adjacent parcel boundary by a 300 -foot distance, it is separated from all residential structures by that required distance (as per measurement by ArcView GIS), with the exception of the Applicant's residence. There is a shop structure immediately adjacent on the property to the west. The operation of a Contractor's Yard is not expected to impact adjacent uses. Permits may be granted for those uses with provisions that provide adequate mitigation for the following: 1) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; 2) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; 3) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding Because the use on-site is limited to minor maintenance, limited storage of components and equipment that is adequately screened and enclosed, and the use is proposed to be administrated by conditions set forth by the BOCC in the SUP, Staff feels that no additional security or permits are necessary. IV §5.03.08 Industrial Performance Standards (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made; 5 BOCC 06/9/2008 DD Staff Finding A sound analysis prepared by the applicant demonstrates general compliance with noise standards cited in Colorado Revised Statutes (CRS) 25-12-103 for the Residential zone. A decibel level is measured at 25 feet from a property line. The residential / agricultural nature of the neighborhood and adjacent uses would allow for a daytime dbA of 55 (7 am to 7 pm) and 50 dbA at night (7 pm to 7 am). Noise level may exceed the Residential level of 55 daytime by no more than 10 db(A) not to exceed 15 minutes in any one-hour period. Measurements taken did not exceed 68 dbA adjacent to the use, but the measurement was not taken at the required location stated in CRS 25-12-103. It must be demonstrated that the noise generated will not exceed the levels or time parameters of CRS 25-12- 103.(2), and Staff recommends that this compliance be a condition for approval. (2) Emission of smoke and particulate matter: Every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations; Staff Finding Because the number of trips generated by this operation is comparable to that of normal residential use, only periodic treatment of the driveway is recommended. Magnesium chloride or other dust abatement measures might limit fugitive dust. All vehicles accessing the site will be licensed and in compliance with County, State and Federal requirements. Staff has included a recommended condition of approval requiring compliance with all applicable air quality laws and regulations. (3) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; Staff Finding The Applicant does not represent uses that will generate heat, glare, or radiation. Fumes are comparable to that of a residential property, so no additional measures are required. Extended engine idling associated with `winter warm-up' is, in fact, dissuaded by diesel engine manufacturers, with an in -tank electric heater preferred to warm the engine fluids. Staff recommends that engine idling be kept at a minimum of 3 minutes to reduce fumes that could be considered a nuisance. (4) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: a) Storage of flammable or explosive solids or gases shall be in 6 BOCC 06/9/2008 DD accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; Staff Finding There is limited storage of flammable or explosive items in this operation. All storage of flammable or explosive solids or gases, however, shall comply with all applicable laws at the national, state and local levels. Staff recommends requiring the Applicant to utilize the Best Management Practices regarding the storage of this material identified in a Stormwater Management Plan to be created by the Applicant as part of the conditions of this permit. MSDS lists that detail each chemical's safe handling, fire suppression methods and recommended disposal should be included in the plan. The records should be stored away from the area where the chemicals are stored. b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; Staff Finding The subject property is visible when traveling on County Road 261. The required solid - board fencing enclosure no less than 8' in height will adequately screen vehicles and materials from view at grade until the fully enclosed future shop building is built to enclose all the materials and maintenance operation entirely. Staff recommends the applicant also consider how the operation might be screened from the hillside behind the property. c) No materials or wastes shall be deposited upon a property in such reasonably foreseeable natural causes or forces; Staff Finding Staff recommends requiring the Applicant to utilize the Best Management Practices identified in a Stormwater Management Plan (to be created by the Applicant) such as storing waste in sealed containers and promptly cleaning spills. Storage of material that may be transferred off-site shall be conducted indoors. d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: Staff Finding Heavy equipment is generally defined as large and powerful equipment for jobsites, namely earth -moving equipment such as graders, dump trucks, loaders, haulers and trailers. Heavy equipment generally is used off-highway and does not have the city / highway chassis configuration and emissions requirements that delivery vehicles such as the Storey's straight box delivery trucks have. The trucks used in the operation are not considered heavy equipment, per se, rather are considered commercial equipment. The 7 BOCC 06/9/2008 DD aim of the application, however, is to meet the requirements for the Contractor's Yard, and comply with the standards of vehicle storage. (7) The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The Subject parcel is part of a subdivision exemption, but does not meet the required acreage size for 'Heavy Equipment', as it is approximately 2.003 acres. (2) The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Staff Finding Staff conducted a site visit to the subject property. There are no residential structures closer than 300 feet to the proposed contractor's yard area with the exception of the applicant's own house. The fenced area is approximately 120' from the applicant's house. The application states that the area will be temporarily fenced with a screening fence until a structure that will contain all portions of the operation (vehicles, supplies and workspace for minor maintenance) is built. The temporary yard enclosure is shown on the property line, and across an access easement. Fences up to 8 feet in height are permitted, and in this case required, but these fences must meet the requirements of 5.03.028 for accessory structures, #2: and 'not in any way adversely impact the operation of any adjacent public right-of-way or road'. There is legal access provided to the adjacent lot on an easement. The fence must not impinge on the sight distance, drainage or functionality of the access easement or any adjacent driveways. (3) All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. Staff Finding This standard pertains to storage of heavy equipment, but the applicant has expressed a willingness to comply with screening requirements of a fence. That solid -board 8' fence will completely surround the operation, and will be constructed within 3 months of permit. (4) Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. Staff Finding Staff has included this requirement as a condition of approval. 8 (5) BOCC 06/9/2008 DD Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Finding The applicant has stated that loading and unloading is performed off-site, and has included this requirement as a condition of approval. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Staff Finding The proposed use is in compliance with this standard. f) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Staff Finding Staff has included this requirement as a condition of approval. (5) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Finding All Regulations of the Environmental Protection Agency and all other applicable Federal, State and Local regulations shall be complied with at all times. The Applicant is required to submit a Stormwater Management Plan to the Colorado Department of Public Health and Environment. Staff recommends that the Board require the Applicant to implement the Best Management Practices identified in the Plan. 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 and that all interested parties were heard at that meeting; 3.) The Application is in conformance with §5.02, §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 9 BOCC 06/9/2008 DD 4.) That for the above stated and other reason, the proposed Special Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County; VI STAFF RECOMMENDATION Staff recommends approval of the proposed Special Use Permit allowing a "Contractor's Yard" with the following conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and sound generated shall comply with the standards set forth in the Colorado Revised State Statute 25-12-103, and 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. 3. The Applicant shall comply with all performance standards identified in §5.02, §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4. Materials and wastes shall be deposited upon the property in such way that they may be transferred off the property by any reasonably foreseeable natural causes or force; 5. The Applicant shall create a Stormwater Management Plan that utilizes Best Management Practices, and shall implement the plan in conduct of this permit. 6. Storage of flammable material shall be conducted so as to meet all applicable regulations utilizing the practices identified in the Stormwater Management Plan; 7. All storage of equipment and materials shall be conducted within the proposed storage building or area adequately screened on all sides with a solid -board 8' fence to be completed prior to the issuance of the SUP within 90 days of permit, which shall comply with Garfield County requirements including standards as to setbacks, height, sight distance and shall not block access easements on the property. 8. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway at an acceptable level, no less than once a year. 9. No more than two commercial vehicles may be parked on site. - 10 -