Planning Commission Public Hearing Exhibits Powers Ready Mix Plant Oldcastle SW Group, Inc. Substantial Amendment to a Land Use Change Permit, Major Impact Review (File MPAA-02-16-8424) Applicant is CRC, LLC June 8, 2016 Exhibit Exhibit Description Number 1 Public Hearing Notice Information Form 2 Proof of Publication 3 Receipts from Mailing Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report 9 Referral Comments from Garfield County Public Health Department (Dated April 25, 2016) 10 Referral Comments from the Carbondale Fire Protection District (Dated April 19, 2016) 11 Referral Comments from Mountain Cross Engineering, Inc. (Dated April 12, 2016) 12 Referral Comments from the Colorado Department of Public Health and Environment (Dated April 5, 2016) 13 Referral Comments from the Colorado Department of Transportation (Dated March 30, 2016) 14 Referral Comments from the Garfield County Road and Bridge Department (Dated May 30, 2016) 15 Email from the Garfield County Attorney s Office (Dated May 25, 2016) 16 17 18 19 20 21
PROJECT INFORMATION AND STAFF COMMENTS PC 6/8/2016 File No. MPAA-02-16-8424 DP REQUEST APPLICANT PROPERTY OWNER Substantial Amendment to conditions #5.h. memorialized in Resolution of Approval 2011-77 for a Land Use Change Permit - Major Impact Review for a Concrete Batch Plant known as the Powers Pit Concrete Batch Plant. CRC, LLC (Oldcastle SW Group, Inc.) ASSESSOR S PARCEL # 239326400007 PROPERTY SIZE 35.308 acres (Impact Area 5.85 Acres) LOCATION The property is located at 13118 Highway 82, Carbondale, CO. It is located east of the Town of Carbondale at the intersection of Highway 82 and County Road 103 ACCESS The facility is accessed by County Road 103. EXISTING ZONING The property is zoned Rural I. BACKGROUND The Applicant has been approved with conditions for a Major Impact Review for a Concrete Batch Plant on a 5.85 acre portion of a 35.308 acre parcel located east of the Town of Carbondale. This approval is memorialized under resolution 2011-77 (Reception Number 811974) and the Land Use Change Permit is under Reception Number 835254.The facility is operated by Oldcastle SW Group, Inc. and was formerly owned and operated by LaFarge West Inc. Access to the facility is off County Road 103. II. GENERAL APPLICATION DESCRIPTION The Applicant is requesting an amendment to one condition of approval for a previously approved Resolution for a Major Impact Review Land Use Change Permit. The application was approved on December 5, 2011 and memorialized under Resolution 2011-77. Following an extension to fulfill the conditions of approval, the Land Use Change Permit was subsequently recorded on May 14, 2013. The Applicant is requesting to amend one of the Conditions of Approval, specifically Condition h. In accordance with Section 4-106(A)(4), Any requested change of a specific condition(s) 1
as identified in a resolution adopted by the BOCC shall be considered a Substantial Modification. As a result, this request has been processed as a Substantial Modification and has required a new application for a Land Use Change Permit. This review and subsequent decision, however, only affect Conditions h memorialized in Resolution 2011-77. The Applicant is requesting to amend Condition h, related to hours of operation. This condition was included in the approval in 2011 because the Land Use Code in place at the time as well as the Code in place today require that the hours of operation for industrial uses be limited to 7.00 AM and 7.00 PM. Section 7-1001(H) (Industrial Use, Hours of Operation) states: Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. As a result, Conditions h of Resolution 2011-77 is intended to satisfy Section 7-1001(H) of the Garfield County Land Use and Development Code. As memorialized in Resolution 2011-77, Conditions h states: h. The concrete batch plant shall be allowed to operate Monday through Saturday from 7:00 a.m. to 7:00 p.m. while on-site administrative and/or maintenance activities may operate Monday through Saturday 6:00 a.m. to 8:00 p.m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. The Applicant has provided the following explanation for the request to modify the hours of operation: 2
The Code allows the Board of County Commissioners the ability to alter the hours of operation Standard from Section 7-1001(H). In addition, the applicant has submitted the following request for a Waiver from this Standard: Adjacent property owners within 200 feet have been notified of this request as well as the Planning Commission and Board of County Commissioner s Public Hearings in accordance with the Code. The property was also posted for each Public Hearing and the Hearings were published in the newspaper. No public comments have been received as a result of this notification. While increased noise impacts outside normal business hours can be expected as a result of an approval of this request, due to the topography of the area surrounding the plant and its location at the bottom of a gravel pit that is currently in revegetation, the noise impacts are expected to be minimized. In addition to the request for increased hours of operation, the Applicant has also requested an administrative change to the Land Use Change Permit recorded under Reception Number 835254. Specifically, the greater parcel that was a part of the original approval (Parcel Number 2393-234-00-131) no longer exists due to a previously executed SB 35 subdivision exemption. As a result, the Applicant is requesting that the Parcel Number listed on this Land Use Change Permit be updated to the current Parcel Number, 2393-264-00-007. No changes to the on-the-ground facilities or other operations are a part of this request to update the Parcel Number on the Land Use Change Permit. 3
II. LOCATION - SITE DESCRIPTION The parcel is currently developed with a Concrete Batch Plant and was formerly used as a gravel pit, which is now in reclamation. The impacted area with the Concrete Batch Plant is heavily impacted and denuded of native vegetation while the surrounding areas are in the process of reclamation. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Planning Commission and Board of County Commissioner s public hearing. A review of the public notice has revealed that the mineral owner was not notified with the required 30 day notice and that the property was posted in excess of the 30-60 day requirement (See Exhibit 15). Staff understands that the applicant has since sent the mineral estate a notice, however it is closer than 30 days to either scheduled hearing date. For the notices that have been sent, the property posting and publication, no public comments have been received at this time. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 4
1. Garfield County Public Health: (See Exhibit 9) Morgan Hill of Public Health noted that Environmental health encourages industrial operations to be good neighbors when it comes to potential nuisance conditions such as noise, dust, odors, and lighting. An increase of the operating hours for this facility represents a potential increase in the frequency of nuisance conditions for neighboring land uses. However, given that this location is not near many occupied structures and the need for the product it produces during nontypical workhours is significant during their contract with Granite Construction, we feel this change is allowable. Ms. Hill also noted that the facility will need to maintain compliance with their APCD permit, the operating hours for the Cerise Mine should remain the same, and care should be taken to prevent spills and any other potential contamination of ground and surface water. 2. Carbondale Fire Protection District: (See Exhibit 10) Bill Gavette of the Fire Protection District noted that it would be helpful to have a new address assigned to the property but had no further comments of concerns regarding this amendment. 3. Mountain Cross Engineering: (See Exhibit 11) Chris Hale of Mountain Cross Engineering noted that he did not have any comments on this application. 4. Colorado Department of Public Health and Environment (CDPHE): (See Exhibit 12) Kent Kuster of CDPHE noted that he did not have any comments on this application. However, he did suggest that the applicant obtain any necessary permits for regulated activities. 5. Colorado Department of Transportation (CDOT): (See Exhibit 13) Dan Roussin of CDOT noted that he did not have any comments on this application. 6. Garfield Count Road and Bridge: (See Exhibit 14) Mike Prehm of Road and Bridge noted that he did not have any comments on this application. The Application was also referred to the following agencies and departments, however, no comments were received: Town of Carbondale, Garfield County Vegetation Management, and State of Colorado Health Department Air Pollution Control Division. IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-1001 Industrial Use Standards. The Application materials were limited to those items necessary to review the proposed changes. 5
7-101: Zone District Regulations The proposed use, as permitted, demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Commercial General zone district. 7-102 Comprehensive Plan and Intergovernmental Agreement While there are no intergovernmental agreements that impact this site, the facility does lie within the Town of Carbondale 3 mile area of influence. As a result, the application was referred to the Town of comment, however, no comments were received. The Comprehensive Plan 2030 designates the site as Urban Growth Area as Medium Density Residential as well as a Rural Employment Center. Below are descriptions of both of these designations. Residential Medium Description Rural Employment Center Description Rural Employment Centers Rural Employment Centers are geographically consolidated areas where there is a concentration of light industrial and business park uses. This includes uses such as construction yards, equipment repair, and storage areas often found along I-70 or SH 82. Rural Employment Center - Small areas (typically under 10 acres) that accommodate principally employment uses, such as light industrial, manufacturing and equipment 6
storage. These centers are typically located near major roadways and can also contain a minor amount of retail sales intended primarily as convenience shopping. They may include residential uses primarily for employees of the business located on the property (source: GarCo CP 2030 Land Use Table, modified). The Concrete Batch Plant use has been determined to be in compliance with the Comprehensive Plan of 2030 as a part of prior approvals. The proposed amendment will not alter the use of the property and as a result, it is Staff s opinion that the use remains consistent with the Comprehensive Plan of 2030 with the proposed amendment. 7-103: Compatibility The proposed amendment to extend the hours of operation to 24 hours per day, 7 days per week during the contract period for the Grand Avenue Bridge construction is expected to have increased impacts on adjacent property owners mainly through noise outside normal business hours. Adjacent property owners within 200 feet from the subject parcel were notified consistent with the requirements of the Code. No comments from the notification were received. In addition, the topography of the surrounding area, adjacency to Highway 82, and location at the bottom of a gravel pit in reclamation will work to reduce and minimize the impacts from the extended hours of operation. To this end, while impacts are expected from the temporary extension to the hours of operation, it is Staff s opinion that the impacts are manageable. 7-104: Source of Water 7
7-105: Waste Water Systems 7-106: Public Utilities 7-107: Access & Roadways The application was referred to CDOT and the Garfield County Road and Bridge Department. Neither of these agencies had any comments or concerns with the extension of hours of operation for the Grand Avenue Bridge project. The Applicant has provided the below truck traffic analysis which has been reviewed by the County contract engineer and the referral agencies. 8
7-108: Natural Hazards 7-109: Fire Protection 7-201: Agricultural Lands 7-202: Wildlife Habitat Areas 7-203: Protection of Water Bodies 7-204: Drainage and Erosion (Stormwater) 7-205: Environmental Quality The Application was referred to Garfield County Public Health (See Exhibit 9). Morgan Hill of Public Health recommends that the applicant provide notice to CDPHE, Air Pollution Control Division (APCD) regarding the proposed amendment. This application was also referred to the APCD, however no comments were received. In addition, it is recommended that care be taken to prevent spill and any other potential for contamination of ground and surface water since the facility is within the Town of Carbondale s drinking water supply area. Generally, this Standard is was reviewed as part of the original approval. 7-206: Wildfire Hazards This application was referred to the Carbondale Fire Protection District who noted that they have not issues or comments on the proposed amendment. 7-207: Natural and Geologic Hazards 7-208: Reclamation 9
7-301: Compatible Design Overall site design was reviewed as a part of the original application and is not proposed to be amended as a part of this amendment. While this request does increase the hours of operation to 24 hours per day, 7 days per week, the facility is still required to conform to State noise standards. Due to the topography, location of the facility, and nature of the use, the facility is expected to continue to maintain compliance with State noise standards as required. 7-302: Parking and Loading 7-303: Landscaping 7-304: Lighting 7-305: Snow Storage 7-306: Trails 7-1001 INDUSTRIAL USE STANDARDS The following summary addresses the applicable provisions. A. Residential Subdivisions B. Setbacks C. Concealing and Screening 10
D. Storing E. Industrial Wastes F. Noise While this request does increase the hours of operation to 24 hours per day, 7 days per week, the facility is still required to conform to State noise standards. Due to the topography, location of the facility, and nature of the use, the facility is expected to continue to maintain compliance with State noise standards as required. G. Ground Vibration H. Hours of Operation As noted previously in this report, this Section requires the following: Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. As a result, the Resolution of Approval 2011-77, contains the following condition: h. The concrete batch plant shall be allowed to operate Monday through Saturday from 7:00 a.m. to 7:00 p.m. while on-site administrative and/or maintenance activities may operate Monday through Saturday 6:00 a.m. to 8:00 p.m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. The Applicant is requesting to alter this condition h in Resolution 2011-77 to allow a temporary increase in the hours of operation to 24 hours per day, 7 days per week for a period of approximately 2 years. The purpose for this increase is to accommodate a contract for the Grand Avenue Bridge project in Glenwood Springs. Per this Section, the decision-making authority, in this case the Board of County Commissioners, has the ability to approve different hours of operation from those required. In addition, as is excerpted previously in this report, the Applicant has requested a waiver from this Standard in order to support the request for altered hours of operation. 11
I. Interference, Nuisance, or Hazard The proposed amendment to extend the hours of operation to 24 hours per day, 7 days per week during the contract period for the Grand Avenue Bridge construction is expected to have increased impacts on adjacent property owners. Adjacent property owners within 200 feet from the subject parcel were notified consistent with the requirements of the Code. No comments from the notification were received. In addition, the topography of the surrounding area, adjacency to Highway 82, and location at the bottom of a gravel pit in reclamation will work to reduce and minimize the impacts from the extended hours of operation. To this end, while impacts are expected from the temporary extension to the hours of operation, it is Staff s opinion that the impacts are manageable. V. STAFF RECOMMENDATION As a result comments received through the public notification process as well as comments received from referral agencies for this request, Staff recommends approval of the requested amendment to the hours of operation as previously approved under Resolution 2011-77 and specifically condition h. APPROVAL SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. The hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Substantial Amendment to Condition h in Resolution of Approval Number 2011-77 for a Land Use Change Permit for the Powers Pit Concrete Batch Plant is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 6. That a Waiver from Section 7-1001(H), Hours of Operation, of the Land Use and Development Code of 2013, as amended, is accepted. 12
Conditions of Approval 1. Condition h in Resolution 2011-77 shall be amended to read: The concrete batch plant shall be allowed to operate Monday through Saturday from 7:00 a.m. to 7:00 p.m. while on-site administrative and/or maintenance activities may operate Monday through Saturday 6:00 a.m. to 8:00 p.m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. Only during the operators contract period for the construction of the Grand Avenue Bridge project in Glenwood Springs, which is expected to occur between 2016 and 2018, shall the Concrete Batch Plant be permitted to operate 24 hours per day, 7 days per week. This temporary extension of the hours of operation shall last no later than the end of the operator s contract for the Grand Avenue Bridge project or December 31, 2018, whichever occurs first. 2. The Parcel Number identified on the Land Use Change Permit recorded at Reception Number 835254 for Continued Operation of a Concrete Batch Plant known as the Power s Pit Concrete Batch Plant shall be updated from 2393-234- 00-131 to 2393-264-00-007. 13