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HomeMy WebLinkAbout25.1 Supplement to NarrativeSection 4-502 DESCRIPTION OF SUBMITTAL REQUIREMENTS D. Land Suitability Analysis. 1. Public Access to Site. Access to the Contractor's Yard will be from County Road 301, which runs along the northerly border of the property. 2. Access to adjoining Roadways. There is an existing gravel road in place on the Property from CR 301 to the area designated for the Contractor's Yard. No new or expanded access is being requested and there are no constraints regarding site distance or intersection. 3. Easements. All easements shown on Improvement Topography Survey submitted herewith. 4. Topography and Slope. Improvement Topography Survey submitted herewith. 5. Natural Features. Improvement Topography Survey submitted herewith. 6. Drainage Features. We request that the requirement for the Drainage Report set forth in Section 7-206 be delayed until approval of the Contactor's Yard and submission of a building permit. We have addressed some of these issues in the Erosion and Sedimentation Control Plan. As can be seen from the Erosion and Sedimentation Control Plan, the impacts of this development will not greatly or immediately effect neighboring structures. We will provide more detailed information with regard to the drainage when the architecture for the structure on the property is finalized, as the calculations with regard to drainage will not be finalized until this time. This is a costly report, and my client would like to wait until such time as the application is approved to spend the resources on this report. Completion and approval of this report can be a condition of approval of the Contractor's Yard. 7. Water. There is adequate water supply to meet the needs of this Contractor's yard, as the site is already being served by an existing well, Well Permit number 287650. There will be one sink and one toilet in the shop, and no outdoor irrigation for lawns or gardens. 8. Floodplain. This property is not within flood plain and flood fringe delineations as identified on Garfield County GIS Mapping. 9. Soils. Soils determination shown on site plan submitted herewith. 10. Hazards. Hazards Memorandum submitted herewith identifies no geologic hazards on-site or adjacent to site. 11. Natural Habitat. Natural Habitat Memorandum submitted herewith identifies existing flora and fauna habitat, wetlands, migration routes. 12. Resource Areas. Protected or Registered Archaeological, cultural, paleontological and historic resource areas. We are requesting a waiver of the requirement set forth in Section 4-502(D)12 Resource Areas and Section 7-211 Areas with Archeological, Paleontological or Historical Importance: We have not undertaken a full study on this topic, as it would be very costly and we feel unnecessary given the level of development we are seeking. Our engineer does not have access to any database supplying this information, and has been able to obtain waivers from the County in the past for this report on other similar projects. These waivers have been granted on the basis that there has already been development in those areas, there has already been a disturbance of the area, and there are likely none of the resources as listed. This is true for the subject property; the contemplated area has already been disturbed, the other properties in the vicinity of the Contractor's Yard have already been developed and other contractor's yards have been permitted in this same area, and it is likely this property is not within the protected area referred to in these Sections. As you know, this Contractor's Yard will consist of 5 acres or less having one 50' X 100' shop and some gravel areas for storage of 4 to 5 pieces of equipment. The remainder of the property (approximately 35 acres) will be undeveloped. This is not a significant development of several acres of ground. It would put an unnecessary burden on Applicant to require this study. As such, we would ask for a waiver from the report required by these Sections. This is the only waiver of any report that we are requesting. E. Impact Analysis. 1. Adjacent Property. Attached is an address list of real property within 200 feet of the subject property, the mailing address for each of the property owners and the Assessor's map showing the subject property and all adjacent landowners. 2. Adjacent Land Use. The proposed contractor's yard will not interfere with future uses of surrounding property. The proposed use is not out of character for the area, as there are at least four other permitted contractor's yards in the near vicinity of the Property and other neighbors also have industrial type businesses or agricultural operations with large equipment storage operating in the area. 3. Site Features. The large size of the Property and the natural topography will prevent the contractor's yard from visually impacting neighbors and some additional drought -resistant screening (via trees to be planted) will be installed to obscure storage from view. 4. Soil Characteristics. The attached site plan lists soil characteristics which are: (a) Soil No. 33 Lidefonso Stony Loam, 6 to 25 percent slopes. This is a deep and well drained soil. Permeability is moderately rapid, and available water is low. Surface runoff is medium and the erosion hazard is moderate. The hydrologic soil group is B. (b) Soil No. 58 Potts-Lidefonso Complex, 12 to 25 percent slopes. This is a deep and well drained soil. Permeability is moderate and moderately rapid, and available water slow to high. Surface runoff is medium and the erosion hazard is moderate. The hydrologic soil group is B. 5. Geology and Hazard. This property is located within the low hazard area on the Garfield County Wildfire Hazards Map. Geology Information Memorandum submitted herewith. 6. Effect on Existing Water Supply and Adequacy of Supply. Applicants have obtained an exempt commercial well permit which allows them 1/3 acre-foot of water for drinking and sanitary facilities for a commercial business. Attached hereto is Well Permit Number 287650. See also the Water Supply Memorandum submitted herewith. 7 Effect on Groundwater and Aquifer Recharge Areas. The system will be installed to comply with Section 7-106(6)(7) and the Garfield County Individual Sewage Disposal System Regulations and an ISDS permit will be sought at the time of building permit and will further address the adequacy of sewage treatment. 8. Environmental Effects. Environmental Effects Memorandum submitted herewith. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect on flora and fauna. Also see Natural Habitat Memorandum submitted pursuant to Section 4- 502D(11). b. Determination of the effect on significant archaeological, cultural, paleontological, historic resources. We have requested a waiver of this Section based on reasons set forth in Section 4-502(D)12 above. c. Determination of the effect on designated environmental resources, including critical wildlife habitat. (1) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Also see Natural Habitat Memorandum submitted pursuant to Section 4-502(D) 12 above. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. There are no potential radiation hazards that have been identified on this property. e. Spill Prevention Control and Counter Measures plan. All hazardous materials will be stored per state and federal hazardous materials regulations. 9. Traffic. Minimal traffic impacts are shown based upon a traffic study prepared in compliance with Section 4-502(J) attached hereto. 10. Nuisance. This yard will generate no significant impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212 is submitted herewith. ARTICLE VII STANDARDS DIVISION I GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS SECTION 7-101 COMPLIANCE WITH ZONE DISTRICT USE RESTRICTIONS. This land use change complies with applicable zone district use restrictions and regulations in Article III, Zoning. SECTION 7-102 COMPLIANCE WITH COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS AND SECTION 7-103 COMPATIBILITY. The nature, scale and intensity of this use is compatible with adjacent land uses and will not result in adverse impacts to adjacent land. This use is consistent with the Garfield County Comprehensive Plan of 2030, and this property is not within a municipality. The proposed contractor's yard will not interfere with future uses of surrounding property. The proposed use is not out of character for the area, as there are at least four other permitted contractor's yards in the near vicinity of the Property and other neighbors also have industrial type businesses or agricultural operations with large equipment storage operating in the area. The Garfield County Comprehensive Plan 2030 depicts the area in which the Property is located as being zoned Med HD (2 to < 6 Ac/Du). Given the size of this property and the surrounding properties, it is highly improbable that this area will turn into residential developments of medium density within the next two decades. First, residential development in Garfield County, particularly in this area, has slowed significantly since 2008. In addition, the surrounding properties are generally large parcels and are currently used for similar purposes as Schaeffer's proposed uses. SECTION 7-104 SUFFICIENT LEGAL AND PHYSICAL SOURCE OF WATER AND SECTION 7-105 ADEQUATE WATER SUPPLY. Source and supply of adequate water for the Contractor's Yard is addressed in Sections 4- 502(D)(7) and (E)(6) above. SECTION 7-106 ADEQUATE WASTEWATER DISTRIBUTON SYSTEM. ISDS addressed in Sections 4-502(D)(7) and (E)(6) above. SECTION 7-107 ADEQUATE PUBLIC UTILITIES. Utilities are available to serve the Contractor's Yard and are shown on the Site Plan. SECTION 7-108 ACCESS AND ROADWAYS. Access to the Contractor's Yard will be from County Road 301, which runs along the northerly border of the property. Access to and from the Contractor's Yard is safe and in conformance with access regulations. As can be seen by the Traffic Study submitted herewith, increased traffic to the property will be very minimal and will not impact the roadway system. There is an existing gravel road in place on the Property from CR 301 to the area designated for the Contractor's Yard. No new or expanded access is being requested. SECTION 7-109 NO SIGNIFICANT RISK FROM NATURAL HAZARDS. This use is not subject to significant risk from natural hazards and will not exacerbate existing natural hazards such as falling rock, landslides, snow slides, mud flows, radiation, flooding or high water tables. This is supported by narrative set forth in Sections 4-502(D) and (E) above and corresponding plans and reports submitted herewith. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS SECTION 7-201 PROTECTION OF AGRICULTURAL LANDS. This Contractor's Yard is within character for the neighborhood, and will not directly affect or limit any surrounding agricultural operations. None of the issues regarding domestic animals, fences, roads or irrigation ditches apply to this Contractor's Yard Application. SECTION 7-202 PROTECTION OF WILDLIFE HABITAT AREAS Wildlife mitigation is addressed in Sections 4-502(D)(11) and (E)(8) above. There are no domestic animal controls necessary. SECTION 7-203 PROTECTION OF WETLANDS AND WATERBODIES This property is not within a wetlands area, as is further set forth in Section 4-502(D)(8) above. SECTION 7-204 PROTECTION OF WATER QUALITY FROM POLLUTANTS Any hazardous materials will be stored and used in compliance with applicable state and federal hazardous materials regulations. No hazardous materials will be stored within 100 feet of any waterbody and no machine maintenance will be performed within 100 feet of any waterbody. See Erosion and Sedimentation Control Plan and Environmental Effects Memorandum submitted per 4-502E(8) for details. SECTION 7-205 EROSION AND SEDIMENTATION. Erosion and Sedimentation Control Plan submitted herewith. SECTION 7-206 DRAINAGE. We request that the requirement for the Drainage Report set forth in Section 7-206 be delayed until approval of the Contactor's Yard and submission of a building permit. We have addressed some of these issues in the Erosion and Sedimentation Control Plan. As can be seen from the Erosion and Sedimentation Control Plan, the impacts of this development will not greatly or immediately effect neighboring structures. We will provide more detailed information with regard to the drainage when the architecture for the structure on the property is finalized, as the calculations with regard to drainage will not be finalized until this time. This is a costly report, and my client would like to wait until such time as the application is approved to spend the resources on this report. Completion and approval of this report can be a condition of approval of the Contractor's Yard. SECTION 7-207 STORMWATER RUN-OFF. This use is not within 100 feet of any waterbody and Applicant will not be creating 10,000 square feet or more of impervious surface area. Any other concerns are addressed in the Erosion and Sedimentation Control Plan submitted herewith. SECTION 7-208 AIR QUALITY. This Contractor's Yard will not cause any change to the air quality in the area, thus air quality will not be reduced below acceptable levels established by Colorado Air Pollution Control Division. SECTION 7-209 AREAS SUBJECT TO WILDFIRE HAZARDS. As set forth in Section 4-502(E)(5) above, this property is within a low wildfire hazard area as identified on the County Wildfire Hazards Map, and thus no modifications per this section are necessary or warranted. SECTION 7-210 AREAS SUBJECT TO NATURAL HAZARDS AND GEOLOGIC HAZARDS. There are no hazardous site conditions that exist on the Property as identified in this section. Hazards Memorandum and Geology Information Memorandum as per Section 4-502(D)(10) and Section 4-502(E)(5) submitted herewith. SECTION 7-211 AREAS WITH ARCHEOLOGICAL, PALEONTOLOGICAL OR HISTORICAL IMPORTANCE. There have been no resources of this type identified on the Property and thus the proposed land use change will not affect any such items. We are requesting a waiver of the requirement set forth in Section 4-502(D)12 Resource Areas and Section 7-211 Areas with Archeological, Paleontological or Historical Importance: We have not undertaken a full study on this topic, as it would be very costly and we feel unnecessary given the level of development we are seeking. Our engineer does not have access to any database supplying this information, and has been able to obtain waivers from the County in the past for this report on other similar projects. These waivers have been granted on the basis that there has already been development in those areas, there has already been a disturbance of the area, and there are likely none of the resources as listed. This is true for the subject property; the contemplated area has already been disturbed, the other properties in the vicinity of the Contractor's Yard have already been developed and other contractor's yards have been permitted in this same area, and it is likely this property is not within the protected area referred to in these Sections. As you know, this Contractor's Yard will consist of 5 acres or less having one 50' X 100' shop and some gravel areas for storage of 4 to 5 pieces of equipment. The remainder of the property (approximately 35 acres) will be undeveloped. This is not a significant development of several acres of ground. It would put an unnecessary burden on Applicant to require this study. As such, we would ask for a waiver from the report required by these Sections. This is the only waiver of any report that we are requesting. SECTION 7-212 RECLAMATION. See Reclamation Plan submitted pursuant to 4-502(E)(11). DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS SECTION 7-301 COMPATIBLE DESIGN. A. Site Organization. The site will be situated in such a way as to minimize visual impacts to surrounding properties. B. Operational Characteristics. Operations on site will avoid nuisances to adjacent properties as follows: 1. Objectional Emissions. There will be no dust, odors, gas, fumes or glare that will be emitted at levels that are objectionable to adjacent properties. 2. Noise. Noise is not an issue as there will be no noise -creating operations being run on the Property, but all sound volumes will comply with standards set forth in the Colorado Revised Statutes. 3. Hours of Operation. BNS Services' hours of operation are from 7:00 am to 5:00 pm, Monday through Friday. 4. Roadway System Impacts. As is set forth in the traffic study, there will be no significant impacts to the County Roadway system. C. Lighting. Any lighting that is installed will be in compliance with Article VII, Section 7- 305(B). D. Buffering. The large size of the Property and the natural topography will prevent the contractor's yard from visually impacting neighbors and some additional drought - resistant screening (via pine trees to be planted) will be installed to obscure storage from view. A landscaping plan is submitted herewith. E. Materials. The shop facade will be constructed with materials that do not detract from adjacent uses. F. Building Scale. Schaeffers will be building a 50' x 100' shop on the Property, which is sufficient for the proposed uses and well within the scale of structures on adjacent properties. SECTION 7-302 BUILDING DESIGN. This is a large parcel of property and the standards set forth in this section are not necessarily applicable, but to the extent this section is applicable, Applicants will comply with this section. SECTION 7-303 DESIGN AND SCALE OF DEVELOPMENT. The standards set forth in this section are not necessarily applicable to Applicant's use, but to the extent that this section is applicable, Applicants will comply with this section. SECTION 7-304 OFF-STREET PARKING AND LOADING STANDARDS. The standards set forth in this section are not necessarily applicable to Applicant's use, but to the extent that this section is applicable, Applicants will comply with this section. SECTION 7-305 LANDSCAPING AND LIGHTING STANDARDS. Applicant will comply with the standards set forth in the Landscaping, General Standards when applicable. Landscaping subsections A. 2.-10. are not applicable to Applicant's use. Applicant does not anticipate installing significant outdoor lighting, but to the extent that outdoor lighting is installed, applicant will comply with the Lighting Standards set forth in this section. SECTION 7-306 SNOW STORAGE STANDARDS. As this Contractor's Yard is not a customer -based business and no other motorists will be involved, many of the standards set forth in this section may not be applicable. However, Applicant has designated an area within the Contractor's Yard for snow storage away from the shop, where no adjacent properties, parking areas, public roadways will be obstructed or affected by any drainage from the snowmelt. See Site Plan for designated snow storage area. SECTION 7-307 ROADWAY STANDARDS There is a gravel road in place from the County Road to the Contractor's Yard site on the property, as is evident from the Site Plan. No other roads are anticipated to be constructed, and as such, these standards regarding the roadway systems are not applicable. SECTION 7-308 TRAIL AND WALKWAY STANDARDS This section is not applicable to this application. SECTION 7-309 UTILITY STANDARDS Utility easements are in place on the property as indicated in the Improvement and Topographic Survey. Any other requirements set forth in this section are not applicable. SECTION 7-810 ADDITIONAL STANDARDS APPLICABLE TO INDUSTRIAL USE A. Enclosed Building. Applicants may need to undertake repair of equipment on the site. Any repair operations by the Applicant shall be conducted within the enclosed 50' x 100' shop or will be obscured by the natural topography of the Property and landscaping installed as a buffer. B. Loading and Unloading. All operations involving loading and unloading of vehicles shall be conducted on the Applicant's Property and shall not be conducted on a public right-of-way. C. Outdoor Storage Facilities. All outdoor storage facilities for fuel, raw materials and products shall be screened by natural topography or enclosed by a fence or wall adequate to conceal such facilities from adjacent property. 1. All outside storage abutting or facing a lot in a residential or commercial zone shall be screened by natural topography or enclosed by a site -obscuring fence to obstruct the storage area from view. The fence shall be of material and design that will not detract from adjacent residences. D. Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. E. Sound. The volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. F. Ground Vibration. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property G. Interference, Nuisance or Hazard. 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 signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. SECTION 7-821 ADDITIONAL STANDARDS APPLICABLE TO STORAGE AREAS AND FACILITIES. A. Storage of Hazardous Materials. Flammable or explosive solids or gases shall be stored according to the manufacturer's standards and shall comply with the national, state and local fire codes and written recommendations from the appropriate local fire protection district. B. Materials and Wastes Contained on Property. No materials or wastes shall be deposited on the property in a form or manner that may be transferred off the property by any reasonably foreseeable natural cause or force. C. Outdoor Storage Enclosed or Concealed. Outdoor storage facilities shall be enclosed or have adequate provisions to conceal these facilities from adjacent property. See Site Plan submitted herewith. D. Use and Storage of Heavy Equipment. 1. Loading and unloading activity shall be conducted on private property and not on any public right-of-way. 2. Repair and maintenance activity requiring 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 8am to 6pm Monday through Friday. 3. Storage area is not located within 300 feet from an existing residential dwelling; there is no residential dwelling on or near this property. 4. Equipment storage will be enclosed in area with screening at least 8 feet in height and obscured from view at the same elevation or lower. 5. This is not within a platted residential subdivision and Property is approximately 38 acres. 6. The storage area shall not exceed five (5) acres in size.