2023-01-09_REVISION - M2021052 (29)

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Piffle 'j'ave! pit#1 May 2022 Scott is requesting the setback variance based on the absence of any occupied structures in the project's vicinity, the dominance of noise and visual impacts from the adjacent interstate, the proposed perimeter berms surrounding the site, and the absence of through traffic on CR 346 due to it ending in a cul-de-sac 1 mile east of the property entrance. 1.1.6.4 Waterbody 35 Foot Setback There will be no direct impact to Waterbodies, as defined in the LUDC. However, there are wetland areas in proximity to the limits of disturbance. Article 7-203.13 (Structures Permitted in Setback) states that, "Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35-foot setback may be permitted". Scott is requesting a waiver to allow the construction of the perimeter berm partially within the setback area, with the outermost perimeter of disturbance no less than 25-feet from the edge of delineated wetlands. The waiver request is based on the need to maintain a sufficient physical extent in the operating area to allow viable operations. The waiver request is justified because the perimeter berms are necessary structure that provide visual and auditory mitigation and flood control benefits, while also serving as a physical barrier separating the nearby wetlands from Scott's operation. Note that, when accounting for the combined 25-foot setback and the width of the berm, Scott's excavation activity will not be closer to the wetland areas than approximately 50 feet, which provides substantial physical protection for the wetland areas. 1.1.7 Zoning and Comprehensive Plan The Official Zoning District Map of Garfield County designates the western portion of property as within the Rural Zone District (Garfield County Land Use and Development Code 2013 [LUDC 2013]). The following is a description of this Zoning District: • Rural (R). The Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. Uses, densities, and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial, and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential, and other uses. Within the Rural District, Industrial Uses, Gravel Operations is allowed, per a Major Impact Review process. Within the County Comprehensive Plan (Future Land Use 2030), the entire property is within the Residential Medium High Density (2 to <6 acres per dwelling unit) overlay, and the eastern half of the property is also included in the Silt Urban Growth Area. • Residential Medium. This would include small farms, estates, residences, and clustered residential subdivisions. The density of residential uses is one dwelling unit per six to 10 acres. • Silt Urban Growth Area. The eastern half of the parcel is within this area. County policies include consideration of the future land use patterns expected with the growth of the Town of Silt's development area. Mineral resource extraction activities are allowable within these future land use designations, and this application is consistent with the Policies and Strategies in the Comprehensive Plan (Chapter 3, Section 9: Mineral Extraction, Garfield County Comp. Plan 2030). 1-7