Loading...
HomeMy WebLinkAbout2.0 PC Staff Report 12.11.2013REQUEST: AP TS/PROPERTY OWNERS: J. Bruce and Ann Dee Snode , REPRESENTATIVE: PARCEL ID: PROPERTY SIZE/SITE AREA: LOCATION ACCESS EXISTING ZONING COMPREHENSIVE PLAN of 2030: PROJEGT TNFORMATTON AND STAFF COMMENTS Amendment to Special Use Permit (SUAA 7719) PC 12t11t13 MOL Julie Hanson / Beattie, Chadwick & Houpt, LLP 2179-84-00-418 6.69 acres t 21,000 SF storage area and 3,200 SF maintenance building 918 County Road 352, Rifle, CO Off of County Road 352 (CR 352) Rural Residential Medium/High (2 to <6 AC/DU) I. REQUEST / DESCRIPTION OF PROPOSAL The Applicants seeks to amend a Special Use Permit (SUP) for a Contractor's Yard by removing Condition 10. This condition reads as follows: "This Special Use Permit is a personal permit, shall only be valid and in effect only while the subject property is owned by J. Bruce and Ann Dee Snode. Upon conveyance of the subject property to another party, this Special Use Permit shall be null and void, expiring of its own terms without revocation by the BOCC or relinquishment by the Applicant. This SUP does not run with the land". The Applicants wish to remove this condition of approval so that they can sell the parcel with the ability of future property owners to also use it as a Contractor's Yard. Parcel History The Appicants submitted an application in 2OO7 for a "Contractor's Yard" on a 6.69 acre parcel and reviewed under the Garfield County Zoning Resolution and Subdivision Regulations adopted and enacted on January 2, 1979. The Board of County Commissioners (BOCC) approved the Contractor's Yard on July 21,2OOA with 10 conditions memorialized under Resolution 2008-93 (included in application). A Special Use Permit was also issued and recorded on September 16, 2008 (Reception Number 755792, Exhibit G). The approved Contractor's Yard is to use the parcel for the parking of trucks that deliver water to oil and gas companies and drilling sites and for a related repair and maintenance facility for a trucking business. The Contractor's Yard was approved for: L . 21,000 square foot parking and storage area; . Total number of vehicles that can be stored within lhe 21,000 SF area includes five tractor trailer semitrucks and seven "Bobtail" trucks; and, . Maintenance building 3,200 square feet in size. The property also contains a single family residence and garage. No water or wastewater facilities were required to be installed in conjunction with either the parking or maintenance building. The Applicant also indicated during the hearing that one employee would be on-site after hours whereas the other employees would only be picking up and dropping off vehicles. The application states that Condition 10 "is inconsistent with the standard of the Garfield County Land Use Code at the time of the approval and continues to be inconsistent with the current Land Use Development Code (LUDC) effective July 15, 2013.' The application also indicates that the Contractor's Yard is in an industrial area and consistent with surrounding land uses and that the BOCC previously found the SUP in conformance with the existing land use code and in the best interest of the health, safety, and welfare of the citizens of Garfield County. Land Use Run nino with the Land Section 2-106 of the LUDC states that a permit "runs with the land," and during the BOCC public hearing on July 21, 2008 (Exhibit H) this concept is mentioned but no section of the Garfield County Zoning Resolution and Subdivision Regulation was specifically cited and County staff has been unsuccessfulto finding this language in the applicable code. Neiqhborhood When the Contractor Yard application was being reviewed in 2007 and 2008, the land directly to the west of the subject site was within Garfield County. Today this land has been annexed by the City of Rifle and is within the Rifle Airpark Master Plan which allows light industrial and other airport support services, see Garfield County - Zoning Map on page 3. Clarification of Condition 10 The July 21, 2008 BOCC public hearing minutes (Exhibit H) does not state why Commissioner McCowen set Condition 10. To better understand the reasoning for this condition, County staff contacted Dave Pesnichak, the original planner that reviewed the application. Mr. Pesnichak indicates in an email (Exhibit l) that since the subject parcel "was somewhat of a transition area between residential and industrial properties but still zoned ARRD and not adjacent to Ll., this condition was added to allow the Commissioners and the neighboring property owner3 the opportunity to review any changes/expansion/continuation which could occur in the future. The thinking was that if the property was being sold, then this could signal that the neighborhood was changing to the extent that this SUP should be reevaluated." II. LOCATION AND SITE DESCRIPTION The subject site is located south and adjacent to County Road 352 and approximately one mile south of the Garfield County Regional Airport complex. 2 !II. ZONING AND ADJACENT LAND USES The subject property (outlined in red) is zoned Rural, azone district which permits contractor's yards upon issuance of a Land Use Change Permit. The zoning of adjacent properties of the subject parcel includes: Rural, lndustrial, Public Airport, and City of Rifle - Airport Support District (A-S). The land uses surrounding the subject property are as follows: North: single family residential, undeveloped airport land, oil and gas development; East: vacant land; South: vacant, oil and gas development; and West. trucking and freight and storage businesses, mini storage, oil and gas service and repair businesses, undeveloped City of Rifle land- GARFIELD GOUNTY - Zonins Map - \\rJ \ 7o nPd Zoned: Public t-and'3 GITY OF RIFLE - Rifle Airoark Master Plan ,\'!b -] I SITEA€tliaL A.FI'mk _l ffi+, I^* l.D '15 I'tt t.t .t0, A{r..tturrhl*Ll llrja re *tm(frrirld al.l lfi llll..l tt*rtl lrj, l(t h**Il(U{h|lr{fl alJa ld. iu/hdtrlnd al,O ldl Xfifl lei.l !l*kr ltsJl Li. or.ttro .lrl rff hri[dtsittKt rllilil O.ll lcr '.tr^v{rb h d,n ! r.! r,rl ,'r,r'-- 3 As stated above, the subject parcel is adjacent to the Rifle Airpark Master Plan's A-S District. This district allows light industrial uses such as administrative offices, fabrication, manufacturing, assembly, distribution, etc. as well as other land uses shown below. II l$rslI T fi I fi, IfIi T !! $i$,futliu,n,i,irtl$$$ll$llrr .fI I t$rftrirruilrt * Etili,$,,i,ili,*J$$n,silI$, II!I *I$rlrf iI.] I.! E TI rIJl xJl- IIIII TI III I f I T!llJIII { ll t II T! EI 4 tIl:, u,rli\a;r) .!: * ,l r t-) -c :- I $[i, * ,llliI r,l.r'u .t GD- IV. REFFERAL AGENGY COMMENTS Staff referred the application to the following State agencies and/or County Departments for their review and comment. Comments received are noted below and incorporated within the appropriate section of this memorandum. Comment letters are attached and labeled as noted. Garfield County Road and Bridge: Exhibit J Garfield County Vegetation Manager: Exhibit K County Consulting Engineer, Mountain Cross Engineering: Exhibit L Garfield County Environmental Health: Exhibit M Director of Garfield County RegionalAirport, Brian Condie: Exhibit N Colorado Department of Transportation: Exhibit O Colorado River Fire Protection District: No comments received. Colorado Parks & Wildlife: No comments received City of Rifle: No comments received. Property Owner: Exhibit P V. REVIEW STANDARDS & STAFF COMMENTS This application proposes to amend a Special Use Permit by removing a condition of approval set by the BOCC. As per Section 4-103 (AX4), this modification is considered substantial and a new application for a Land Use Change Permit is required. Amendments to a Special Use Review are required to adequately address applicable topics in Section 4-203 (G) lmpact Analysis, the general development standards found in Article 7 including Section 7-1101 (additional standards applicable to lndustrial Uses) as codified in the LUCD. The following section provides the review criteria and standards in bold italics below followed by a staff response. "!Jl'1'- Section *203 (El Gradino and Drainaqe Plan. Staff Response: Addressed in the Special Use Permit application. Section 5203 (Fl Landscape Plan. Staff Response: Addressed in the Special Use Permit application Section &203 (Gl lmpact Analvsis. 1. Adjacent Property. An address /isf of real property adjacent to the subiect parcel, and the mailing address for each of the property owners. Staff Response: The names and addresses of the adjacent property owners are provided in the application. 5 2. Mineral Owners. A list of separated mineralesfafe owners in the subject parcel, and the maiting address for each owner orlessee. Staff Response: The names and addresses of the mineral owners are provided in the application. 3. Adiacent Land Use. Existing use of adjacent propefty and neighboring properties within l SOO' radius. Staff Response: Land uses within 1,500 feet of the subject site include residential (north), oil and gas support business and trucking company (southwest), Garfield County airport (north and west), oil and gas development (north), and vacant land (east, west, and south). 4. Sife Feafures. A description of site features such as sfreams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Response: Addressed in the Special Use permit application. 5. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. Staff Response. Addressed in the Special Use permit application. 6. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. Staff Response: Addressed in the Special Use permit application. 7. Groundwater and Aquifer Recharge Areas. Evaluation of the retationship of the subject parcel to Floodplains, the nature of sor/s and subsoils and their abitity to adequatety support waste disposal, the Slope of the land, the effect of sewage effluents, and the potlution of sufiace Runoff, stream flow, and groundwater. staff Response: Addressed in the special Use permit application. 8. Environmental lmpacts. Determination of the existing environmentat conditions on the parcel to be developed and the effects of development on fhose conditions, including: a. Determination of the long-term and shotT-term effect on flora and fauna; Staff Response: Addressed in the Special Use permit application. b. Determination of the effect on designated environmental resources, inctuding critical wildlife habitat; Staff Response: Addressed in the Special Use permit application. c. lmpacb on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and, Staff Response: Addressed in the Special Use permit application. 6 d. Evaluation of any potential radiation hazard that m3y have been identified by the Sfafe or County Health Departments. Staff Response: Addressed in the Special Use Permit application. 9. Nuisance. lmpacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Response: Addressed in the Special Use Permit application. 10. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. Staff Response: Addressed in the Special Use Permit application. Section 4-203 (Ll Traffic Studv Staff Response: Addressed in the Special Use Permit application. Section 4203 (Ml Water Supplv and Distribution Plan Staff Response: Addressed in the Special Use Permit application Section 4203 (Nl Waterwater Manaqement and Svstem plan Staff Response: Addressed in the Special Use Permit application ARTICLE 7: STANDARDS DIWSION 1. GENERAL APPROVAL STANDARDS Section 7-101 Zone District lJse Regulations Staff Response: The subject property and site are zoned Rural and a Contractor's Yard is considered a permitted land use subject to Major lmpact Review. secfion 7-102 comprehensive Plan and lntergovernmental Agreements Staff Response: Garfield County's Future Land Use Map of the Comprehensive Plan 2030 indicates the land use designation is Residential Medium High (2 to <6 acres/dwelling unit, shown in tan) for the property. Adjacent future land uses include light industrial (lavender) and Residential Medium High (tan). 7 iirt% Garfield Gounty - Gomprehensive PIan 2O3O Future Land Use MaP r:t F*r- \l- I Land Use:" Light IndustrialEEIBqrc' tr SITE :J 1\ Ffl Lf t'll The subject site is adjacent to the City of Rifle's Rifle Airpark tt/laster Plan's A-S District. This district allows light industrial and airport support land uses including outside storage (i.e., building materials and supply dealers, RV dealers, automobile dealers, building equipment contractors). Secfion 7-1 03 Compatibility Staff Response: The neighborhood contains light industrial land uses and adjacent parcels are zoned for future light industrial uses that are compatible with the existing Contractor's Yard. Secfion 7-104 Source of Water Staff Response: No representation of water rights and wastewater disposal were demonstrated in the original application for the storage/parking or maintenance facility. ln the original staff report the planner set a condition of approval discusseS that a maintenance and repair facility will require that employees be on-site for extended periods of time and a sanitation facilities should be installed and that such a facility (restrooms) shall demonstrate a legal and adequate water supply as well as a waste disposal system which is in conformance with accepted engineering and regulatory standards. As per the minutes in the BOCC hearing (Exhibit H), the Applicant represented that he lived on-site and that only one employee worked after hours on the property and all other employees only pick up and drop off trucks on the parcel. The employee working on-site had access to the resident's restroom facilities and therefore a sanitation system for the Contractor's Yard was not necessary. The BOCC agreed with the Applicant and removed the condition of approval a legal and adequate water supply and wastewater system 8 Since this application is a substantial modification and considered a new application water and wastewater need to be addressed. This application does not address adequate, physical, long-term, and legal water supply or demonstrate an adequate wastewater system to serve the use. Section 7-105 Central Water Distribution and Wastewater Systems Staff Response: See SectionT-104. Secfion 7-106 Public Wilities Staff Response: Addressed in the Special Use Permit application Secfion 7-107 Access and Roadways Staff Response: Addressed in the Special Use Permit application Secfion 7-108 Use of Land Subiect to Natural Hazards Staff Response: Addressed in the Special Use Permit application. Secfion 7-109 Fire Protection Staff Response: Addressed in the Special Use Permit application DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Secfion 7-201 Agricultural Lands Staff Response: Addressed in the Special Use Permit application. Secfion 7-202 Wildlife Habitat Areas Staff Response: Addressed in the Special Use Permit application Secfion 7-203 Protection of Waterbodies Staff Response. Addressed in the Special Use Permit application Section 7-204 Drainage and Erosion Staff Response: Addressed in the Special Use Permit application Secfion 7-205 Environmental Quality Staff Response: Addressed in the Special Use Permit application Secffon 7-206 Wilfrire Hazards Staff Response: Addressed in the Special Use Permit application Secfion 7-207 Natural and Geologic Hazards Staff Response: Addressed in the Special Use Permit application Section 7-208 Reclamation Staff Response: Addressed in the Special Use Permit application ,., t r i{ i' . i}\;..h'' ),\ , ,,. 9 DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS Secfion 7-301 Compatible Design Staff Response: Addressed in the Special Use Permit application Secfion 7-302 Off-Street Parking and Loading Standards Staff Response: Addressed in the Special Use Permit application Secfion 7-303 Landscape Standards Staff Response: Addressed in the Special Use Permit application. Secfion 7-3(M Lighting Sfandards Staff Response: Addressed in the Special Use Permit application Secfion 7-305 Snow Sforage Standards Staff Response: Addressed in the Special Use Permit application Secffon 7-306 Trail and Walkway Standards Staff Response: Not applicable. Section 7- lOOl lndustrial Use A, Residential Subdivision. Staff Response: The Contractor's Yard does not occupy a lot in a platted residential subdivision B. Setbacks Staff Response: Staff conducted a site visit to the subject property on Wednesday, July 2nd, 2008. Following the site visit and a review of aerial photography, it appears that the storage area (tractor{railer parking) is approximately 350 feet from the neighboring residential property. C. Concealing and Screening Staff Response: Addressed in the Special Use Permit application D. Storing Staff Response: Addressed in the Special Use Permit application. E. lndustrial Vllasfes Staff Response: Addressed in the Special Use Permit application F. IVor.se Staff Response: Addressed in the Special Use Permit application G. Ground Vibration Staff Response: Addressed in the Special Use Permit application 10 H. lnterference, Nuisance, or Hazard Staff Response: Addressed in the Special Use Permit application VII!. STAFF RECOMMENDATION The Planning Commission has the following options with regard to a recommendation to the Board of County Commissioners: A. Recommend approval of the application with conditions; B. Recommend denial of the application; C. Continue the Public Hearing to request additional information. A. CONDITIONALAPPROVAL A recommendation of approval with conditions should consider the following findings and conditions that may be necessary to mitigate identified issues and potentially bring the application into general conformance with the LUDC and Comprehensive Plan: FINDINGS Should the Planning Commissioner approve the request of J. Bruce and Ann Dee Snode to amend the Special Use Permit to remove Condition 10, Staff suggests the following findings: 1. That the proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for a "Contractor's Yard" is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan. 5. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code. RECOMM ENDED GONDITIONS Should the Planning Commission approve the request amend a Special Use Permit for a Contractor's Yard by removing Condition 10 on property owned by J. Bruce and Ann Dee Snode and the following list of conditions could be applied to assure compliance with required regulations and standards: 1. That all representations made by the Applicant in the application and at the public hearing before the Planning Commission, shall be conditions of approval unless specifically altered by the Board of County Commissioners. tl 2. The Applicant shall comply with all standards as set forth in 55.03.08 "lndustrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. Every 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. c. 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. d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. h. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. i. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size.j. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 3. At no time shall the total number of vehicle storage associated with this Contractor's Yard exceed five (5) tractor trailer semi trucks and seven (7) "Bobtail" trucks. All vehicle storage shall occur within the identified 21,000 square foot storage area at all times. 4. The total area to be used for vehicle storage shall not exceed 21,000 square feet and shall occur within the area identified by the Applicant in the Special Use Permit. 5. The Applicant shall obtain and abide by all access or driveway permits from the Garfield County Road and Bridge Department. 6. ln order to control dust, the Applicant shall periodically treat the driveway and storage area with an approved dust suppressant. 72 7. All vehicles associated with this Special Use Permit must be licensed and in compliance with State and Federal requirements. 8. As neither a plan for handling water runoff from vehicle washing nor a demonstration of adequate water rights have been submitted, no vehicle washing shall occur as a permitted use associated with this Special Use Permit. 9. The Applicant shall submit an updated site plan to reflect the representations as made to the Board of County Commissioners on July 21, 2008. This site plan shall identify the specified 21,000 square foot vehicle storage area to replace the previously represented 7,500 square foot vehicle area. This site plan shall also include locate the existing residence, garage, and maintenance building. This site plan shall be submitted for review by the Community Development Department prior to the issuance of an amended Special Use Permit. 10. Prior to the issuance of an amended Special Use Permit, the Applicant shall demonstrate an adequate, reliable, physical, long-term, and legalwater supply to serve the use. 11. Prior to the issuance of an amended Special Use Permit, the Applicant shall demonstrate an adequate wastewater system to serve the proposed use. B. DENIAL A recommendation of denial must be accompanied by findings to support the decision. Should the Planning Commission seek to recommend denial of the application Staff includes the following information and findings for consideration: FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the amended Special Use Permit for the Contractor's Yard is not be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has not adequately demonstrated that the proposed Contractor's Yard is compliant with the minimum standards and regulations required by the Garfield County Land Use and Development Code. A. An adequate, reliable, physical, long-term, and legal water supply for the use; and, B. An adequate wastewater treatment system for the use. L3 C. CONTINUANCE lf the Planning Commission determines that they . need addition information to make a recommendation to the Board of County Commissioners a 60 day continuance is recommended. t4