HomeMy WebLinkAbout2.0 Staff Report PC 11.12.03REQUEST:
APPLICANT:
REPRESENTATIVE:
PROPERTY LOCATION:
SITE DATA:
WATER:
SEWER:
EXISTING ZONING:
ADJACENT ZONING:
COMPREHENSIVE PLAN:
PC: llll2l03
TP
Zone District Amendment from Agriculture/
Residential/ Rural Density (A/R/RD) to
Commercial/Limited (C / L)
Capital Construction, LLC. - Doug Mochrie
Davis Farrar of Western Slope Consulting
lt7
The property is located at024l County Road)-ff
approximately a 0.6 miles east of the intersection
of Highway 82 and CR 113, on the south side of
County Road 113 north of and adjacent to Cattle
Creek.
2.899 acres
Individual well
ISDS
A / R / RD (Agricultural / Residential / Rural
Density)
North, South, East: A / R / RD
West: C / L
Residential Low Density (10+ Ac/DU)
EXHIBIT
'6soo3
PROJECT INFORMATION AND STAFF COMMENTS
I. SUMMARY OF REQUEST
The Applicant proposes to rezone the subject property to Commercial Limited (C/L) from Agricultural
/ Residential / Rural Density (A/R/RD) since there has been a substantial change in the character of the
surrounding neighborhood.
II. DESCRIPTION OF THE SITE
The property contains approximately 2.89 acres. The property contains two distinct benches. The top
bench consists of a number of outbuildings, a single family residence and a corral. The lower bench
consists of a second illegal residential unit and an outbuilding. The property boundary is defined by att
existing fence. There are mafure trees adjacent to the existing structure on the property, however, the
majority of the property has been use for pasture. Cattle Creek abuts the property along the southern
Capital Construction, LLC
Zone District Amendment
PC: November 12,2003
boundary of the property.
III. BACKGROUND / EXISTING CONDITIONS
The property has historically been used for residential purposes. On July 7 ,2003, the Board of County
Commissioners granted, pursuant to Resolution No. 2003-54, a Special Use Permit for'oan office,
plumbing material storage and warehouse, and associated vehiclaparking" (see Exhibit -E-:. I
description of the special use for the subject property was analyzed in the staff memorandum dated
July 7,2003 (see Exhibit _dJ An actual Special Use Permit has not been issued for the subject
property since there are a number of conditions that need to be addressed prior to the issuance of the
Special Use Permit.
On July 21,2003, the Board of County Commissioners approved aZone District Amendment, pursuant
to Resolution No. 2OO3-51, for the property to the immediate west of the subject property owned by
Alan and Roxanne Morris (see Exhibit_Ej This Zone District Amendment granted the rezoning of
the Morris property from A/R/RD to ClL. As a result of these Zone District Amendment on the Morris
property, at the recommendation of Staff, the Planning Commissioner approved the land use
designation change for three parcels along County Road 113, Study Area 1, including the Morris
property, from "Residential Low Density" to "General Commercial" (see Exhibit 4)
The reason for the land use designation change was that the Commercial / LimitedZone District
extended up to the west property boundary of the Morris property, which extended well beyond the
boundaries of the General Commercial identified in Study Area 1 of the Comprehensive Plan. The
change to the land use designation to General Commercial would encompass the commercial activity
that has been taking place along the CR 113 corridor and be consistent with the zoning of the area,
including the Morris property rezoning.
IV. DESCRIPTION OF TIIE SURROUNDING PROPERTY
The uses on the surrounding properties include the following:
l) East and South: The property immediately to the east and south is vacant. Horses have been
stored on this property.
2) North: The two properties to the north (Barta and Secovic) consist of single family dwellings.
No commercial lindustrial uses have been approved for these parcels.
3) West: Theproperty to the west is the Morris property. This property was-ganted a rezoning
from A/R/RD to ClLpursuant to Resolution No. ZOOZ-SI (see Exhibit -$J.4) Further west, along CR 113, there are a couple landscaping and stone supply companies, i.e.
Pine Stone (3P Properties, LLC.) and the Raymond property. 3P Properties, LLC. has also
submitted a request for aZone District Amendment which is being heard by the Planning
Capital Construction, LLC
Zone District Amendment
PC: November 12,2003
Page 3
Commission, in conjunction with this Zone District Amendment request. Ms. Raymond has
allowed her son to submit a Special Use Permit application request for the storage of natural
resources on the subject property, however, this application has not yet been scheduled for the
Board of County Commissioners consideration.
V. ZOI\IING DESIGNATION Existi ng Zo ne pistljg!9
Construction Parcel # 2393-172-00.221, Vicinity of Cattle CrAk, Gaiield County, Colorado
The map to the right is an excerpt of the
Garfield County ZoningMap, which
shows the Capital Construction, LLC.
property as an area outlined with a red
line. This map shows that the underlying
zone district is A/R/RD. The property is
surrounded by A/R/RD zoning to the
north, east and south. To the west, the
adjacent property, Morris, is zoned C/L.
Legend
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VI. COLORADO REVISED STATUES
The Colorado Revised Statutes (CRS) establish standards of review for rezoning. The primary
standard used to review arezorurrgrequest depends on whether the proposed rezoning is in compliance
with the comprehensive plan. If so, the proposed rezoning need only bear a reasonable relationship to
the general welfare of the community.
If the rezoning would be in conflict with the comprehensive plan, the Applicant generally needs to
show either (L) that an error was made in establishing the current zoning, ot (2) that there has been a
VII. RELATIONSHIP TO COMPREHENSIVE PLAN
The Applicant is not requesting an amendment to the Comprehensive Plan. The Applicant noted that
an examination of the relationship of the proposed zone change application to the Garfield County
Comprehensive Pan was not made since the Comprehensive Plan is not up-to-date for the subject
property and surrounding area. Staff does not agree with this statement made by the Applicant'
As noted previously in this memorandum, the Staff did recommend that the Planning Commission
change the land use designation of three parcels on the southem side of County Road 113 from
"Residential Low Density" to "General Commercial" to reflect the existing Commercial Limited
zoning in the area, including the Morris property which was rezoned pursuant to Resolution No. 2003-
The reason for stafls recommendation on
the land use designation change to the
Comprehensive Plan in this area, was that
the Funland (High Country Associates -
owner) and Rudd property, were rezoned in
the early 1990s which was not in
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Capital Construction, LLC
Zone District Amendment
PC: November 72,2003
Page 4
57. This land use designation change is reflected in the map below, which shows the proposed land
use designations for the subject property and surrounding site. The light blue represents the low
density residential and the orange represents general commercial.
12000 Comprehensive Plan
'i capitat const.uction -tuopfry,
Parcel # 2393-172-()G221, Vicinity ol catlle crgk Garlield county, colorado
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compliance with the Comprehensive P1an.
In addition, the rezoning of the Morris
property was appropriate since the property
was established as a salvage operation in
7967 , pnor to other commercial / industrial
type uses in the lower Cattle Creek /
Highway 82 intersection area. As a result, the Morris property has been used as a
use approval on adjacent properties in the area.
basis for commercial
The primarv standard used to review arczoningrequest depends on whether the proposed rezoning is
in compliance with the Comprehensive Plan. As noted in the figure above, the subject property is
designated on the 'Proposed Land Use Districts, Study Area 1' map in the Garfield County
Comprehensive Plan as "Residential Low Density". The recommended density in this land use
category is 10 acres or more per dwelling unit.
The Comprehensive Plan deals with commercial use designations primarily in Section III [Goals,
Objectives, Policies, and Programs], Sub-Section 4.0 (pages 7-9). Broad issues are discussed which
include discouraging strip commercial development, concems about access and traffic congestion,
signage, infrastructure, and being sensitive to changing land use patterns.
Goals include directing future commercial development to interchanges in the westem portions of the
county,withsensitivitytotransportationaccessandconvenience.Objectivesspeci$rcriteriathatare
helpful in a review process.
A number of Objectives in sub-section 4.0 of the Comprehensive Plan are aimed towards commercial
and industrial uses. The following Objective statements from the Comprehensive Plan are applicable
to this application:
Objective 4.2: "To ensure that commercial and industrial developments are compatible with
adjacent land uses and mitigate impacts identified during the plan review process."
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Capital Construction, LLC
Zone District Amendment
PC: November 12,2003
Page 5
Objective 4.4'. "Encourage the location of commercial development in appropriate areas that
maximizes convenience to County residents."
Objective 4.5: "Ensure that commercial development is conducive to safe and efficient traffic
flow, reduces vehicular movements and encourages altemate transportation modes and the use of
mass transit."
Objective 4.6: "Ensure that the type, size and scope of industrial and commercial development are
consistent with the long-term land use objectives of the county."
Objective 4.7: Ensure that ZoningRegulations addressing Commercial and Industrial uses reflect
the changing land use pattems and demographics of the County and encourage the further
diversification of the County's economy."
Objective 4.8: "Ensure a commercial and industrial development policy that is environmentally
sound and acceptable to County residents and policy makers."
In addition, according to the "Visual Corridor, Study Areas 1,2 & 3" map in the Comprehensive Plan,
the subject property, as well as the CR 113 corridor from Highway 82 to the intersection of CR 112, is
located within an identified view-shed, which encourages special attention be given to visual impacts
from any development proposal.
VIII. REZONING REQUEST
As noted previously in this memorandum, the primary standard used to review a rezoning request
depends on whether the proposed rezoning is in compliance with the comprehensive plan. If so, the
proposed rezoning need only bear a reasonable relationship to the general welfare of the community.
The Applicant did not address the specific criteria for commercial designation contained in the
Comprehensive Plan. No sections or narrative in the Comprehensive Plan are cited or referenced in the
application.
Staff finds that the request for rezoning is in conflict with the Comprehensive Plan. As noted
previously in this memorandum, if the rezoning is found to be in conflict with the comprehensive plan,
the Applicant needs to show either (1) that an elror was made in establishing the current zoning, or (2)
that there has been a change in the conditions of the neighborhood that supports the requested zone
change.
Capital Construction, LLC
Zone District Amendment
PC: November 12,2003
Page 6
1) ERROR IN ESTABLISHED ZONING
The property's current zoning of A/R/RD was originally established in the early 1970's, when the
area was originally zoned based on uses that existed at the time on the ground. In this case, the
subject property was zoned residential due to its rural residential character further being located a
great distance from any urban / incorporated area. Staff believes this original zoning of the subject
property was not done in error. The Applicant is not arguing that there was not an elror in the zone
established for the subject property.
2) CHANGE OF CIRCUMSTANCE
The justification for the propose d zone district amendment is that there has been a change in the
conditions of the neighborhood that supports the requested zone change.
The Applicant noted that in the early 1990s, the County approved rezoning of parcels extending
eastward from the intersection of County Road 113 / Highway 82 from A/R/RD to C/L. In
addition, the County recently rezoned the Morris property, immediately to the west, to C/L. As
note throughout this memorandum, the justification for rezoning the Morris property was that this
property was established as a salvage operation in 1967 , prior to the other commercial / industrial
type use in the lower Cattle Creek / Highway 82 intersection area. As a result, the Morris property
has been used as a basis for commercial use approval on adjacent properties in the area.
The Applicant provided a series of aerial photographs and photographs from points adjacent to
(East and West) the Capital Construction, LLC. parcel as exhibits in the application. The Applicant
noted that these photographs vividly illustrate the change in conditions of the neighborhood.
Exhibit A (aerial taken in 1992), Exhibit B (aerial taken in 2003), and Exhibit C (aerial taken in
199S) included in the application provide a visual representation of the changes that have occurred
on properties to the east and west of the subject property. The Applicant also provided with the
application recent photographs of commercial uses in the area that surround the subject property.
Essentially, residential, and a variety of commercial and light industrial uses surround the subject
property. The aerials and photographs illustrate the changed and changing character of the area.
Capital Construction, LLC
Zone District Amendment
PC: November 12,2003
Page 7
IX. STAFF COMMENTS.
The Applicant noted that various commercial and industrial uses have been developed in the area and
are in the process of developing directly west of the Capital Construction parcel. Wholesale and light
industrial / storage, exist east of the subject property. The Applicant asserted that the zone change is
appropriate for the subject property since there has been substantial change in the character of the
surrounding neighborhood.
Aside from the parcels that are zonedClLnear the CR 113 / Highway 82 intersection (Rudd, Funland,
and Morris) only two parcels in this area have been granted Special Use Permits, the subject property
and 3P Properties, LLC. to the east. The uses on these two parcels, are not'trses by right", but are
Special Uses that require review by the County prior to actual operation of the use. There is one
additional "storage of natural resources" use on the Raymond property, east of 3P Properties, that is
currently in violation. They have submitted an application for Special Use Permit, however, no action
to-date has been taken.
At what point should the rezoning of properties along CR 113 I Cattle Creek cease? Although Special
Use Permits allow for light industrial / storage type uses, they are not'trses by right" and are permitted
to operate on the property. Special Uses allow for a transition between commercially zoned areas and
agricultural zoned areas. In addition, these uses are consistent with the Comprehensive Plan, where as
the rezoning of the subject property is not consistent.
Should the operations on the two parcels cease at some point and should a new "commercial" type use
enter the properfy, it would be required to go through the Special Use process. This would allow the
County the opportunity to review the impacts of the use to the roads and the surrounding
neighborhood. Whereas, if the use was a'ouse by right", the County does not have the opportunity of
analyzingthe impacts of the use to the roads, i.e. the intersection of CR 113 / Highway 82, and the
surrounding nei ghborhood.
It is Staff s opinion that allowing the continued rezoning of the Cattle Creek area, along CR 113, from
A/R/RD to CIL would allow for "uses by right" that are currently not allowed in the A/R/RD Zone
District. Uses by right in the A/R/RD zone district (section 3.02.021of the ZoningResolution)
currently allow for agricultural related uses, guiding and outfitting, park, single-family dwelling and
accessory uses, and accessory dwelling units approved as part of a subdivision
Should the property be rezoned, 'tses by right" in the CIL zone district (section 3.07.01 of the Zoning
Resolution) would include, but are not limited to: multiple-family dwellings, hotel, motel, auditorium,
hospital, wholesale and retail establishments, restaurant, theatre, mini-storage, etc.
Capital Construction, LLC
Zone District Amendment
PC: November 12,2003
Page 8
It is Staff s opinion that there needs to be a point where rezoning of properties in the Cattle Creek area
should not occur. There appears to be no reason to continue to extend a wide variety of commercial
'ouses by right" in this area and increase impacts to CR 113, as well as the intersection of CR 113 and
Highway 82.
As noted previously in this memorandum, the "Visual Corridor, Study Areas 1,2 & 3" map in the
Comprehensive Plan, the subject property, as well as the CR 113 corridor from Highway 82 to the
intersection of CR 112, is located within an identified view-shed, which encourages special attention
be given to visual impacts from any development proposal. It is Staff s opinion it ut tt lt is canfi,be aion<- ha
Special Use Permit review and not by rezoning.
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Finally, it is Staff opinion that the rezoning of this property and the potential for the continued
rczoningof the Cattle Creek / CR 113 corridor will continue to deteriorate the objectives and goals set
forth in the Comprehensive Plan for commercial and industrial summanzedbelow, and which were
previously outlined in this memorandum:
1. To ensure that commercial and industrial developments are compatible with adjacent land uses
and mitigate impacts identified during the plan review process.
2. Encourage the location of commercial development in appropriate areas that maximizes
convenience to County residents.
3. Ensure that commercial development is conducive to safe and efficient traffic flow, reduces
vehicular movements and encourages alternate transportation modes and the use of mass transit.
4. Ensure that the type, size and scope of industrial and commercial development are consistent
with the long-term land use objectives of the county.
5. Ensure that ZoningRegulations addressing Commercial and Industrial uses reflect the changing
land use patterns and demographics of the County and encourage the further diversification of
the County's economy.
6. Ensure a cofltmercial and industrial development policy that is environmentally sound and
acceptable to County residents and policy makers.
X. SUGGESTED FINDINGS
1. That all applicable regulations regarding aZone District Amendment have been complied with
including, but not limited to, Section 10.00 of the Garfield County ZoningResolution of 1978,
as amended.
2. That the proposed zoning is [not] in general compliance with surrounding land uses and zoning
in Garfield County.
3. The proposed zone district amendment is [in-] consistent with the Garfield County
Capital Construction, LLC
Zone District Amendment
PC: November 12,2003
Page 9
Comprehensive Plan.
That the proposed zoningis [not] in the best interests of the public health, safety and welfare of
citizens of Garfield County.
XI. STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend DENIAL to the Garfield County Board
of County Commissioners for aZone Amendment for the Capital Construction,LLC. property from
A/R/RD to ClL.
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EXHIBIT
STATE OF COLORADO
County of Garfield
At a meeting of the Board of County Commissioners for Garfield County, Colorado, held in
the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday,
the 21$ day of July,z}O3,there were present:
.Tohn Martin , Commissioner Chairman
T.arry McCown , Commissioner
Trisi Hnrrnt , Commissioner
Don l)eFord , County Attorney
Mildred Alsdorf , Clerk of the Board
F.d Green , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. ?Oo3 - 5 7
ARESOLUTION CONCERNED WITH TITE APPROVAL OF A ZONE DISTRICT
A1VIENDMENT FOR WILLAM ALAN AND ROXANNE WEISGRAU MORRIS
WHEREAS, William Alan Morris and Roxanne Weisgrau Morris requested that the Board
of County Commissioners of Garfield County change the zone district of the properly described
herein from Agricultural/Residential/Rural Density (AIR/RD) to Commercial Limited (ClL).
WHEREAS, the Board of County Commissioners of Garfield County have heretofore
adopted and enacted aZoningResolution for Garfield County, Colorado, inciuding as a part thereof,
certain zoning maps regulating permitted uses upon the lands within Garfield County, Colorado; and
WHEREAS, sections 30-28-109 through 30-28-116 C.R.S. as amended, provide for the
approval of all zoning plans and the adoption and amendment of regulations and resolutions to
implement such zoning plans by the Board of County Commissioners of a given county; and
WHEREAS, notice of public hearing upon such application was given by publication in a
newspaper of general circulation in Garfield County and provided notice of said hearing to all
properly owners adjacent to said properfy subject to the zone district amendment, and such hearing
having been held on July 21,2003, and this Board having given fuIl consideration to the evidence;
and
WHEREAS, based upon the evidence, testimony, exhibits, review of the Comprehensive
Plan for the unincorporated area of the County, recommendation from the Garfield County Planning
Commission, comments of the Garfield County Plaruring Department, comments of public officials
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Planning Commission, colrrrnents of the Garfield County Planrring Department, comments of
public officials and agencies and comments from all interested parties in connection with said
application, this Board makes the following findings in respect thereto, to-wit:
1. That all applicable regulations regarding aZone District Amendment have been
complied with including, but not limited to, Section 10.00 of the Garfield County
Zorrtng Resolution of 1978, as amended.
2. That proper publication and public notice was provided as required by 1aw for
hearing before the Board of County Commissioners.
3. That the public hearing before the Board of County Commissioners was extensive
complete, that al1 pertinent facts, matters and issues were submitted and that
interested parties were heard at the meeting.
4. That the proposed zoning is in general compliance with surrounding land uses and
zoning in Garfield County.
5. The proposed zone district amendment is consistent with the Garfield County
Comprehensive P1an.
NOW, THEREFORE, BE IT RESOL\ED by the Board of County Commissioners of
Garfield County, Colorado, that the following described area and the property included therein, be
rezoned from Agriculturai/Residential/Rural Density (A/R/RD) to Commercial Limited (ClL).
LEGAL DESCRIPTION: Exhibit A
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Dated this 4th day of
ATTEST:
A.D. 2oo8
GARFIELD COTINTY BOARD OF
COMMiSSIONERS, GARFiELD
COTINTY, COLORADO
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Upon motion duly made and seconded the foregoing Resolution was adopted
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN ,
WN
COMMISSIONER TRESI HOUPT ,
STATE OF COLORADO
Counly of Garfield
I, , County Clerk and ex-officio Clerk of the Board of
Co..rnty Commissic*r=, t" *d f". tt* -cunty and State aforesaid, do hereby certify that the
arurexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2002.
Cowrty Clerk and ex-officio Clerk of the Board of County Commissioners
by the
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E)GIIB]T A
Grantor, \ULLIAM AIAN M0RRIS whose address is 0484 113 Road, Glenwood Springs,
Colorado, County of Garfield, and State of Colorado, for the considemrion of Ten Dollars and othir
good and valuable consideration, in hand paid, hereby sell(g and convey(g to WILLIAM ALAN
MORRIS and ROXANNE WEISGRAU M9RRIS, whose legal address is 0484 l13 Road,
Glenwood Springs. Colorado 81601, an undivided one-half (l/2)interest each, the following real
property in the County of Garfield, Sute of Colorado, to wit:
Parcgl No, l, - All ofthe real property described in wananty deed recorded as
Re*ption No. 262914 in Book 456 at Page 3 l3 and in quit claim deed recorded as
Reception No. 316075 in Book 575 at Page 73 of the records of Oarfield CoqnV,
Colorado
Parcel No. 2. - All of the real property described in quit claim deed recorded as
Reception No. 3i6077 in Book 575 at Page 76 and in quit claim deed recorded as
Reception No, 3 16079 in Book 575 at Page 83 of the records of Garheld County,
Colorado, \;
Together with all water and water rights, ditches and ditch rights, well, seeps, springs
and reservoirs appurtenant to or used t}pon or in connection with the above described
Parcel No. 1 and Parcel N0.2,
also ktown as street and number; 0484 I l3 Road, Glenwqod Springs, Colorado 81601
with all its apprrtenances and wanant(s) the title to lhe same, subject to taxes for the year 1999, due
in 2000, reservations, restrictionl and other conditions ofrecord and existing easements and rights-
of-way, whether or not ofrecord.
EXHiE;
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RESoLUTIoN No. PC .AOO3 - o I
RESOLUTION CONCERNED WITH TI{E ADOPTION AND CERTIFICATION OF A
LAND USE DESIGNATION CHANGE ALONG COLiNTY ROAD 113, STUDY AREA 1,
FROM LOW DENSITY RESIDEI{TIAL TO GENERAL COMMERCIAL BY TIIE
GARFIELD COUNTY PLANNING COMMISSION.
WIIEREAS, Garfield County is a legal and political subdivision of the State of
Colorado, for which the Board of County Commissioners is authorized to act; and
WIIEREAS, pursuant to law, the Board of County Commissioners of Garf,reld County
has appointed the Garfield County Planning Commission; and
WIIEREAS, Colorado Statutes at Section 30-28-108, authorizes the Garfield County
Planning Commission to amend the Comprehensive Plan by resolution carried by the affirmative
votes of no less than a majority of the entire membership of the Commission; and
WHEREAS, on June 11,2003, the Garfield County Planning Commission adopted a
change to the land use designation affecting three parcels along the south side of Counfy Road
1i3, Study Area 1, from Low Density Residential to General Commercial; and
WHEREAS, the Garfield County Pianning Commission conducted a public hearing on
August 13,2003, pursuant to public notice, in order to codified the action made by the
Commission on June.17,2003; ar..d
NOW, TIIEREFORE, BE IT RJSOLVED, by the Garfield County Planning
Commission, that the "Revised Comprehensive Plan Map", Exhibit A, be amended to change the
land use designation from Low Density Residential to General Commercial, affecting the follow
parcels as identified in the Garfield County Assessor's records:
Parcel # 2393-074-00-357 (High Country Associates)
Parcel # 2393-181-00-358 (Wayne Rudd)' Parcel#2393-172-00-222(William AlanMorris)
The foregoing resolution was adopted by the Garfield County Planning Commission on the 13m
day of August, 2003.
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ATTEST:GARFIELD COUNry PLANNING
COMMIS SIONERS, GARFIELD
COLINTY, COLORADO
unty Planning Commission
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EXHIBIT*rg*+tu
STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of Counfy Commissioners for Garfield County,Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in GienwoodSprings on, Monday, the 7fr day of Jury A.D. ,003, there were present:
John Martin , Commissioner Chairman
, Commissioner
, Commissioner
Don DeFord , County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2003_ s4
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USEPERMIT APPLICATION FOR AN OFFICE, PLUMBING MATERIAL STORAGE ANDWAREHOUSE, AND ASSOCIATED \IEHICLE PARKING FOR CAPITAL
CONSTRUCTION, LLC.05ba CR tt E
WHEREAS, the Board of County Commissioners of Garfieid County, Colorado("Board"), has received an application from Capital Construction, LLC. for an office, plumbing
Tfttl.tt storage and warehouse, and associateilvehicle parking within the A/RrRD (Agricultural/ Residential / Rural Density) zone district; and
WHEREAS, the Board held a public hearing on the 7^ day of July, z1o3,upon thequestion of whether the above described SUP shoulJ be grantea or aeniei,'at which hearing thepubiic and interested persons were given the opportunity to express their opinions conceming theapproval of said special use permit; and
WIIEREAS, the Board on the basis of substantial competent evidence produced at theaforementioned hearing, has made the following determination of fact as listed below:
1' Proper posting and public notice was provided as required for the meeting before theBoard of County Commissioners.
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2. The meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. The above stated. and other reasons, the proposed special use permit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07,
5:03.08 and 9:03) the Garfield County ZorungResolution of 1978.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is hereby approved subject to compliance r.vith all of
the foliowing specific conditions:
1. All representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval,
including but not limited to:
A. Hours of operation: 6:30 a.m. to 5:00 p.m., Monday thru Friday;
B. UPS deliveries daily, and Tuesday and Thursday supply delivers from Denver;
C. No semi truck deliveries to the property;
D. The exterior of the structure will consist of natural finishes, such as a rusty metal roof,
rough sawn beams, split rail fence and neutral siding colors;
E. Company truck parking shall be located on the lower bench adjacent to the structure;
F. No retail sales traffic to site;
G. The exterior color of the structure shall be tan to blend with the other structures;
H. A 6' berm willbe installed along County Road 113, approximately 10' back from CR
113. Xeriscape will be utilized on the remainder of the properfy;
I. Only one light will be installed at the entrance of the structure for safety purposes.
This light shall be directed downward and inward;
J. Only one 24" x 18:' sign will be installed at the structure. There will be no signage
along CR 113.
2. Any changes to the conditions of approval must be specifically altered by the Board of
County Commissioners through the appropriate land use and public hearing process.
3. The Applicant shall comply with all applicable requirements of the Garfield County
Zonrng Resolution of 1978, as amended.
4. The Applicant shall comply with all State and Federal regulations and standards, such as
Noise Abatement, Water and Air Quality.
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5.The Applicant sha11 comply with the recolnmendations outlined in the letter from the
Garfield County Road and Bridge Department dated J:ur:re24,2003. A11 irnprovements
shall be inspected and approved by the Road and Bridge Deparlment, and written
conflnrlation shall be pr*ia.a to the Planning Department prior to the actual issuance of
the Special Use Permit
The Applicant shail comply with all Local, State and Federai Fire Codes that pertain to
the operation of this type of facility.
Prior to the issuance of the actual Special Use Permit, the Applicant shall determine if the
existing septic system is capable and sized accordingly for the proposed new structure
and existing uses. A new Garfleld County Individual Sewage Disposal Pennit shali be
obtained prior to the issuance of the actual Special Use Permit
Prior to the issuance of the actual Special Use Permit, the Applicant shall provide a fina1
copy of the actual well permit. In addition, the Applicant shali provide the following
upaut.a information regarding the water supply to the uses: a) updated permit with the
proper property owner's name, b) a determination from the Colorado Division of Water
R"ro,r."", as to whether an exempt commercial weli permit is required for the proposed
use, c) whether there is adequate water for irrigation, and d) a pump test to determine the
physical water supply and the water quality. The well shall be tested for 4 hours and sha1l
p""rp no less than 350 gallons of water per person, per day (3.5 peopte per dwelling unit,
using 100 gallons of water per person, per day).
Groundwater resources shall be protected at ali times. In thg event of potential violations
with respect to water pollution, the Applicant shall provide proof of compliance with
applicable Federal, State and County laws, regulations and standards.
The itlegal residential unit sha1l either be removed or rendered inhabitable.
Waste created by the use shall be stored in wildlife-friendly garbage receptacles and
disposed of regularly
The Applicant shall comply with the following vegetation management:
a. The Applicant shall manage any Garfield County listed noxious weeds that may occur
after the construction of the berm. On-going weed management of the property sha1l
occur.
b. Prior to the actual issuance of a Special Use Permit, the Applicant shall provide a
plant material list of all species that will be used in the xeriscape mix. This material
list shall be approved by the Garfield County Vegetation Manager.
Any changes to the Special Use Permit for an of{ice, plumbing material storage and
warehouse, and associated company vehicle parking, will require a new Special Use
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14.
Permit.
Prior to the issuance of the actual Special Use Permit, the Applicant shall comply with
the following recommendations of the Carbondale and Rural Fire Protection District
(letter dated June 27, 2003) :
A. A fire apparatus road shall be provided within the 150 feet of the exterior waIls of the
first floor of the structure.
C.
i. The apparatus road shall have a minimum unobstructed width of 20 feet.
ii. A minimum vertical clearance of i 3' 6" shall be provided for the apparatus access
road.
The fire apparatus access road shall be capable of supporting the imposed load of the
apparatus and shall be of an all-weather design.
A dead-end fire apparatus access road in excess of 150 feet in length shall be provided
with an approved means for turning the apparatus around.
An approved key box "Knox Box" shall be provided at the main entrance to the
building.
Since there is no water supply for fire protection and there are no fire hydrants
available to serve the property and provide a<iequate fue flows, an automatic fire
sprinkler system shall be installed within the structure meeting the requirements of
NFPA-13, Standard for the Installation of Sprinkler Systems, 2002 edition.
B.
D.
E.
GARFIELD COLINTY BOARD OF
COMMISSIONERS, GARFIELD
COLINTY, COLORADO
Dated tnr Z/ffaav of ?l-ul, , A.D. 2oo3
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ATTEST:
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , NYE
COMMISSIONER LARRY L. MCCOWN , AYE
COMMISSIONER TR.ESI HOUPT , AYC
STATE OF COLORADO
County of Garfieid
-,
Ccunty Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certiff that the
uro"*"d and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and atExed the seal of said
County, at Glenwood Springs, this
-
day of
-,
A'D' Z0-'
County Clerk and ex-offrcio Cierk of the Board of County Commissioners
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5
EXHIBIT
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BOARD:717103
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PROJECT INFORMATION AIID STAFF COMMENTS
TYPE OF REVIEW: Special Use Permit ("SUP")
SUMMARY OF REQUEST: The Applicant requests a SUP for an office,
plumbing material storage and warehouse, and
associated vehicle Parking.
APPLICANT/PROPERTY QWNER: capital construction, LLC.
LOCATION: The subject property is located at 0566 County
Road 113, Carbondale; approximately % mile from
the intersection of Highway 82 and CR 113'
SITE INFORMATION: 2'899 actes
wATER: well
SEWER: Individual Sewage Disposal System
ACCESS: Existing driveway offof County Road 113
EXISTING ZONING: AIR/RD (Agricultural / Residential / Rural
Densrry)
ADJACENT ZONING: A/RIRD
L DESCRIPTION OF THE PROPOSAL:
A. Summar.v of Request: The Applicant requests approval to construct a 12,000 sq. ft. structure
for the purpose of storing pipes, fittings, and an assortment of plumbing fixtures that require an
enclosed and conditio.r"J rpur". In addition, the Applicant requests approval for an associated office.
B. Project Description: The Applicant has been in business in the Aspen area for over 20 years and
has indicated that they have established a reputation for being very organized, clean and professional.
The Applicant currenily occupies space rented from Rudd Construction adjacent to Highway 82 at the
County Road 154 stoplight. Currently, the Applicant utilizes 7,000 sq. ft. of interior space with
parking for 6 GMC 4x4-plumbing vehicles.
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Capital Construction, LLC.
Special Use Permit
BOCC - 7/7/03
Page 3
The property contains two existing residential units on site. The Applicant is proposing to utilize these
structures as employee housing. The main log house has been on the property for over 40 years. There
is no building p"r-it for this structure, however, it was probably built prior to issuance of building
permits in the-County. The smaller residential structure was a barn/shed that was illegally converted to
a residence in the 1980s. The Applicant noted that this information was not disclosed at the time the
property was purchased last year. The Applicant will rectiff the illegality of this structure, however,
they would prefer to retain it for employee housing.
The subject property contains approximat ely 2.899 acres. In order to receive Special Use Permit
approval foian Accessory Dwelling Unit a minimum of 4 acres is required [section 5.03.21of the
ir"^gResolution]. Therefore, the illegal residents with either have to be removed or rendered a non-
habitable structure.
C. Site Description: The property has two very distinct benches. The site plans submitted with the
application does not provide topography, however, the top bench consists of a number of outbuildings,
u-rir,gl" family residence and a corral. The lower bench consists of the second illegal residential unit and
an outbuilding. The property boqndary is defined by an existing fence.
View of proposed employee parking area from CR 113
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Capital Construction, LLC.
Special Use Permit
BOCC - 7/7/03
Page 5
To the west of the subject property, is a legally non-conforming salvage yard which has existed on the
property since 1967. Currently, the property owner is pursuing aZone Amendment, to change the
io"lng from A/R/RD to CIL (Commercial / Limited), which has been approved by the Planning
Commission and will be before the Board on July 21". There are no provisions for a salvage yard in the
A/R/RD zone district, however, the salvage yard has existed on the property prior to zoning, therefore
it is considered legally non-conforming. The salvage yard does have an associated office.
"Storage" is a subcategory of "Industrial Operations Classification", therefore it is subject to the
standards outlined in Section 5.03.07 of the Garfield County ZonngResolution.
E. Relationship to the Comprehensive Plan: The subject property is designated on the 'oProposed
Land Use Districts, Study 1" map in the Garfield County Comprehensive Plan of 2000, as "Low Density
Residential". The recommended density is 10 acres and greater per dwelling unit.
F. Adjacent Land Uses: The surrounding uses are as follows:
1. North: Single familyresidence.
2. South: Horse pasture
3. East: Pine Stone Company
4. West: Salvage Yard
G. Road./Access: The access to the subject property is by means of an existing driveway offof
County Road 113.
H. Applicability: Pursuant to Section 9.03.04 of the ZonmgResolution, an application for a Special
Use Permit shall be approved or denied by the Board of County Commissioners after holding a public
hearing thereon in conformance with all provisions of the Zonng Resolution.
II. REVIEW AGENCY AND OTHER COMMENTS:
Comments were received from the following agencies and have been integrated throughout this
memorandum as applicable.
1. Carbondale and Rural Fire Protection District: No comment.
2. Garfield County Road and Bridge Department: Exhibit I.
3. Garfield County Vegetation Management: Exhibit K.
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CaPital Consttuction, LLC.
Special Use Permit
BOCC - 7/7/03
Page 7
Response: Access to the property will be offof County Road 113. The Applicant indicated that the
entrance to the property *iU Ui widened and the scrub brush will be cut back to provide for better sight
distance. an approximately 6 ft. berm will be installed along CR 113, approximately 10 feet back from
., CR 113 and seeded with native grasses. The site plan submitted with the application indicates that the
proposed pa*ing areas and driveway will be chip and seaied.
The comments /recommendations provided by Bobby Branham, Garfield County Road and Bridge
Department, (see Exhibit I) shall be adhered to. All improvements shall be inspected and approved by
the Road and Bridge Department upon completion.
3. Design of the proposed use is organized to minimize impact on andfrom adiacent uses of land
through installation i7 sireenTences 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
e stabli s he d ne i ghb orho o d char acter.
4,' Response: As noted previously, the Applicant proposes to install a berm along CR 113 (Cattle Creek'
RoaO and plant it with natural grasses. Xeriscape will be utilized for the remainder of the property.
The 12,000 sq. ft. structure will be constructed on the lower bench of the property. This should provide
siguificant screening of the structure from CR 113 in both directions. During a site visit to the property,
it appears that only the structure's roof would be visible from CR 113.
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The Applicant noted that the existing split rail cedar fence will remain. The only lighting for the use will
be at the entrance of the structure, which will be insta[ed for safety purposes. The Applicant noted that
ene 24" X 18" sign will be installed at the building, and that there will be no signage along CR 113.
The sign shall comply with the County's Sign Code.
Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only:
1. Based on compliance with all requirements listed herein, and;
2. Approval by the County Commissioner, which Board may impose additional restrictions on
the lot area, floor area, coyerage, setback and height ofproposed uses or required
additional offstreet parking, screeningfences and landscaping, or any other restriction or
provision it deems necessary to protect the health, safety and welfare of the population and
'uses
of the neighborhood or zone district as a condition of granting the special use.
Response: The Board may impose additional restrictions as listed above, however, staffsees no reason
for the Board to impose any special conditions. The Applicant should be aware of the 15olo "marimum
lot coverage" restriction in thi AIR/RD zone district. Lot Coverage is defined as "the portion of a lot
which is covered or occupied by buildings, structures, parking and drives. " On a2.899 acres parcel,
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Capital Construction, LLC.
Special Use Permit
BOCC - 7/7/03
Page 9
(D) Affirmatively show the impacts of truck and autamobile trffic to andfrom such uses and their
impacts to areas in the County.
Response: The Applicant has not affrrmatively shown the impacts of truck or automobile traffic to and
from the site and the impacts to areas in the County. According to the Trip Generation Manual
("Manual-) by the Institute of Transportation Engineers,'oWarehousing" is described as'lrarehouses
primarily devoted to the storage of materials; they may also include ofEce and maintenance areas."
According to the Manual, the average vehicle trips ("ADT") per employee for'\ararehousing" is 3.89.
The Applicant indicated that are 3 office personal and it is assumed that there are 6 oflsite personal that
access the site daily to pick up the company trucks. Therefore, the average daily trips per day are 35.01
(9 employees X 3.89 ADT). In addition, there are a variety of deliveries by UPS and from Denver
during the week.
(E) That sfficient distances shall separate such use from abutting property which might otherwise
be damaged by operations of the praposed use(s).
Response: It does not appear that the proposed use will damage abutting property. As noted
previously, the storage structure will be constructed on the lower bench of the property. The remainder
of tfr" property, the upper bench, will remain similar to what currently exists with some outbuilding
being removed and a driveway installed to access the new structure. As indicated before, the property
to the west is a salvage yard and the property to the east is a stone yard.
(F) Mitigation measures proposedfor all of the foregoing impacts ident:ified andfor the standards
identified in Section 5.03.08 of this Resolution
Response: Mitigation measures for all of the foregoing impacts identified have been addressed
throughout this memorandum. Mitigation measures for the standards identified in Section 5.03.08
[Industrial Performance Standards] of the Garfield County Zonng Resolution are addressed in this
memorandum.
Special (Jse Permits may be grantedfor those uses with provisions that provide adequate mitigation
for the following:
(A) A planfor site rehabilitation must be approvedby the County Commissioners before a permit
for conditional or special use will be issued;
Response: The Applicant did not provide a plan for site rehabilitation. The only addition to the
property is the 12,000 sq. ft. structure. Should the use cease on the property, staffassumes that the
itructure will remain, as well as any remaining existing structures. Any changes to this Special Use
Permit, which runs with the land, will require a new Special Use Permit.
o o
Capital Construction, LLC.
Special Use Permit
BOCC - 7/7/03
Page 1l
(I) Yolume of sound generated shall comply with the standards set forth in the Colorado Revised
Statutes at the time any new application is made.
Response: Other than the sound of vehicle travel, no sound will emanate from the site. All proposed
operations within the site shall comply with the maximum standards established in the CRS 25-12-103-
Upon a receipt of a legitimate allegation of a violation with respect to noise, the Applicant will be
required to provide proof of compliance with State dB levels.
(2) Vibration generated: eyery 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.
Response: No vibration is anticipated with the proposed use. The use will be confined to the proposed
structure. Upon a receipt of a legitimate allegation of a violation with respect to vibration, the
Applicant will be required to provide proof of compliance with applicable Federal, State, and County
laws, regulations and standards.
O 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.
Response: No emissions of smoke and particulate matter are anticipated as part of this project. Upon
a receipt of a legitimate allegation of a violation with respect to smoke or particulate matter, the
Applicant will be required to provide proof of compliance with applicable Federal, State, and County
laws, regulations and standards.
(4) Emission of heat, glare, radiation andfumes: every use shall be so operated that it does not
emit heat, glare, radiation or fumes which substantially interfere with the existing use of adioining
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 exemptedfrom this provision.
Response: No emission of heat, glare, fumes or radiation is anticipated as part of this project, aside
from the emissions from the trucks. Upon a receipt of a legitimate allegation of a violation with respect
to the emission of heat and radiation by the proposed use, the Applicant will be required to provide
proof of compliance with applicable Federal, State, and County laws, regulations and standards.
o
Caprtal Construction, LLC.
Special Use Permit
BOCC - 7/7/03
Page lj
Response: No storage of heavy equipment is proposed or anticipated.
(E) Any storage areafor uses not associatedwith natural resources, shall not exceed ten (10) acres
in size. (A97-l l2)
Response: AIl storage associated with the use will be within the structure. No outdoor storage areas
are requested.
@) Any lighting of storage area shall be pointed downward and inward to the property center and
shaded to prevent direct reflection on adjacent property (497-112)
Response: The Applicant indicated that the only lighting for the use will be at the entrance of the
structure, which will be installed for safety purposes. The light should be point downward and inward.
(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
operation of the facilities may begin. All percolation tests or groundwater resource tests as may be
required by local or Stote Health Ofi.cers must be met before operation of the facilities may begin.
Response: The proposed used should have no real or potential impact to surface or ground water
supplies. The existing and proposed uses will not involve use of chemicals or materials in a rnanner that
will pollute surface or ground water sources on or adjacent to the property. This application was not
referred to the State Health Office for comments. In the event of potential violations with respect to
water pollution, the Applicant will be required to provide proof of compliance with applicable Federal,
State, and County laws, regulations and standards.
Section 9.03.05 [Periodic Review of SUPI:
Pursuant to section 9.03.05 of the ZonngResolution:
Any Special (Jse Permits may be made subject to a periodic review not less than every six (6)
months if required by the County Commissioners. The purpose of such review shall be to
determine compliance or noncompliance with any performance requirements associated with
the granting of the Special (Jse Permit. The County Commissioners shall indicate that such a
review is required and shall establish the time periods at the time of issuance of a Special Use
Permit. Such review shall be conducted in such manner and by such persons as the County
Commissioners deem appropriate to make the review effective and meaninglful. Upon the
completion of each review, the Commissioners may determine that the permit operations are in
compliance and continue the permit, or determine the operations are not in compliance and
either suspend the permit or require the permittee to bring the operation into compliance by a
l
Capital Construction, LLC.
Special Use Permit
BOCC - 7/7/03
Page l6
9. Groundwater resources shall be protected at all times. In the event of potential violations with
respect to water pollution, the Applicant shall provide proof of compliance with applicable
Federal, State and County laws, regulations and standards.
10. The illegal residential unit shall either be removed or rendered inhabitable.
11. Waste created by the use shall be stored in wildlife-friendly garbage receptacles and disposed of
regularly.
12. The Applicant shall comply with the following vegetation management:
a. The Applicant shall manage any Garfield County listed noxious weeds that may occur after
the construction of the berm. On-going weed management of the property shall occur.
b. Prior to the actual issuance of a Special Use Permit, the Applicant shall provide a plant
material list of all species that will be used in the xeriscape mix. This material list shall be
approved by the Garfield County Vegetation Manager.
13. Any changes to the Special Use Permit for an office, plumbing material storage and warehouse,
and associated company vehicle parking, will require a new Special Use Permit.
J
BUILDING & PLANNING DEPARTMENT
August 28,2003
Davis Farrar
Western Slope Consulting
0165 Basalt Mountain Drive
Carbondale, CO 81623
RE: Capital Construction, LLC. Request for Zone District Amendment
Dear Davis,
The purpose of this letter is to inform you that the application for aZone District Amendment
submitted on behalf of Capital Construction, LLC. has been deemed technically compliant.
Please understand that a determination of technical compliance by this office shall not be deemed
a recommendation of approval, finding of adequacy of the application, or a finding of general
compliance with any goal or objective of the Garfield County Zonng Resolution.
The application will be reviewed by Staff, a staffreport will be generated and sent to you, and the
Planning Commission will discuss and review the application at a public meeting scheduled for the
l2'h day ofNovember, 2003. The meeting wil be held at the Garfield County Plaza Building, 108
8th St., Commissioners Meeting Room, Suite 100, Glenwood Springs, CO 81601.
I look forward to working with you in the processing of this application. Do not hesitate to
contact me in the event you have any questions.
Tamara Pregl
Senior Planner
108 8th Street,
(970) 945-8212
Suite 201, Glenwood Springs, Colorado 81601
070) 285-7972 Fax: 070 384-3470
GarJield Coun$