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HomeMy WebLinkAbout6.0 BOCC Staff Report 01.07.2008Exhibits for Public Hearing held on January 7, 2008 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application E Staff Memorandum F Memo from Jake Mall of the Garfield County Road and Bridge Department dated 12 -10 -2007 - 4,&.)(0y. L)4)4/- - f '/ 7/'Z 1 P-0 c- C. -1V rZ2' /,'' ` / t®. et.3 F (I SF/ o a .717 /tie"cA° / c,61( r r tcz). 4firc, pea, I- 0,9re f G,',( CUs ssv (--7 / � P % r,h 00 .4d,. 3 -e? PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT LOCATION ACCESS WATER SEWER EXISTING ZONING BOCC 01/7/08 DP Conditional Use Permit (CUP) for a Home Occupation in the ARRD Zone District Ron and Lisa Speaker 421 Ponderosa Pines Way — Lot 2 Mayfly Bend Subdivision Ponderosa Pines Way and County Road 100 Well ISDS ARRD 1 I. REQUEST The Applicant is requesting approval from the Board of County Commissioners for a Conditional Use Permit to allow a Home Occupation. A Home Occupation is defined in the Section 2.02.29 of the Zoning Resolution of 1978, as amended as the following: Any use for gain or support carried on as an accessory use within a dwelling or a building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity. II. PROJECT DESCRIPTION The Applicant proposes to use an existing barn to house classes in horse massage. According to the Applicant: 1 am writing because I would like to teach an animal massage class out of our existing barn and home. I will only be using our own animals, so there will be no animals boarded, kenneled or visiting for these classes. The :c would be no need for signage, additional lighting or any change in existing envionment or landscaping. The barn has already been located and is currently being laad_scaped for the best possible screening of any activity from adjacent neighbors. All of the neighbors are on 3 -4 acre lots in. a 5 lot subdivision. There will be no additional equipment or materials required or stored on site. Nothing associated with this `home occupation' use will change the current character of our neighborhood. All of the classes will take place primarily at our barn, with some activities possible at our house as well. All the classes being taught will have a maximum of 10 students and a minimum of. three. All .glasses are gam -Sprn. There are no evening classes. Classes take place approximately sewn days per month. Thcre are five parties in our HOA (two of the parties /properties/votes are our own) and the other three properties have approved the home based business. With my application 1 a n 3:ttaching a letter from the Mayfly Bend Home Owners Association, showing there tine nirous support. III. SITE DESCRIPTION The subject property is 4.056 acres located east of the Town of Carbondale off of County Road 100. Current improvements on the property consist of a primary dwelling unit and a barn. The property is described as Lot 2 of Mayfly Bend Ranch Subdivision which is accessed off Ponderosa Pine Way. 2 • i' Z ,. rrJ '�f I. / �Cna..lr'i • mITE uti r. =_.uatrza 6 -41 mss E.'1: [JSm PINE. / Existing Improvements for Speaker Residence — 421 Ponderosa Pines Way Is- Speaker Residence - Barn from the Entrance to Mayfly Bend Subdivision and off Ponderosa Pines Way. 3 Speaker Residence - Barn and Home from Ponderosa Pines Way. Speaker Residence - Barn from Ponderosa Pines Way. IV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits. A. Carbondale & Rural Fire District: No Comment Received B. Garfield County Road and Bridge Department: See Exhibit F V. REVIEW STANDARDS & STAFF COMMENTS Conditional Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use shall be consistent with Garfield County's definition of a Home Occupation Iisted in Section 2.02.29 of the Garfield County Zoning Resolution. Staff has provided the standards in bold italics below followed by a Staff Response. 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; 4 Staff Finding The Applicant has provided a stamped letter dated October 5, 2007 from David A. Powell, P.E. of Timberline Engineering stating that "the ISDS system for the above project has been appropriately sized to accommodate the residence, barn and proposed Home Occupation." The Applicant has also provided a letter dated October 17, 2007 from attorney Sherry A. Caloia, LLC indicating that an application for Basalt Water Conservancy District (BWCD) water to augment the additional uses pertaining to this Home Occupation was applied for on October 17, 2007. The letter goes on to state that "once the well permit and BWCD contract are finalized and issued I will provide them to your office." At the time this Staff Report was written, Staff had not received a copy of the approved BWCD contract or new approved well permit. The Applicant had provided well permit number 65213 -F which is limited to "ordinary household purposes inside one (1) single family dwelling and the irrigation of not more than 7,500 square feet (0.17 acre) of home gardens and lawns." Staff recommends that should the BOCC approve this application that the Applicant shall provide a new well permit indicating that the well water can legally be used for the requested Home Occupation. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Access to the property is provided by Ponderosa Pines Way which connects to County Road 100. Based on the information provided by the Applicant, Staff anticipates that the proposed use will create 21 -70 additional round -trips per month (3 -10 vehicles per class, 7 classes per month) from Ponderosa Pines Way onto County Road 100. The Garfield County Road and Bridge Department provided the following comments regarding this application (See Exhibit F): General Comments: Garfield County Road & Bridge Department has no Objections to this application with the followine comments. As Ponderosa Pines Way is a private drive and not maintained by Garfield County Road & Bride. De artment we have no comment on this roadway. The increased traffic volume generated by this application would not have a major im act on the total traffic volume on Cr. 100. If not alread in dace we would re • uest a ski si.n be installed on Ponderosa Pines Way at the entrance. to Cr. 100. The sign and installation shall he as required in the M[JTCD (Manual on Uniform Traffic Control Devices. Staff recommends that if the BOCC approves this application that the Applicant be required to demonstrate that a stop sign has been installed on Ponderosa Pines Way at the entrance to County Road 100 prior to issuance of the Conditional Use Permit. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a 5 manner as to protect established neighborhood character; Staff Finc-ig The proposed Home Occupation will be conducted inside an existing barn and/or home located on the property. The intent of permitting Home Occupations in the ARRD Zone District, primarily characterized by residential and agricultural uses is such that the proposed use does not detract from those uses and does not create the appearance or impact of a commercial use. Since the proposed Home Occupation is not proposed to alter the outdoor character of the existing home and barn (no additional lighting, signage, buildings or storage), it is Staff's opinion that the proposed Home Occupation will not create the appearance of a commercial establishment. However, the Home Occupation will produce additional traffic while the classes are in session. The Applicant has represented that the classes will range in size from 3 to 10 individuals per class with classes taking place approximately 7 days per month. At this activity level, the Home Occupation is anticipated to create approximately 21 -70 vehicle round -trips per month. Since the Applicant is proposing to only utilize their personal horses, Staff does not anticipate an issue with parking additional horse trailers. So, in the end, the only activity which could construe this Home Occupation as a commercial use will be the parking of 3 -10 vehicles on the property approximately 7 days per month. It is Staff's opinion however, that as long as the classes are held inside either the barn or the house that the parking of 3 -10 vehicles 7 days per month does not necessary create the appearance of a commercial use since other residential uses could have this same impact. Further, although the parked vehicles will likely be visible from Ponderosa Pines Way, neither the home nor any parked vehicles will be visible from County Road 100. Following a review of the Garfield County Zoning Resolution of 1978, it appears that a Home Occupation is the most appropriate fit for this application. Please see the following definitions below for other uses allowed as either a Conditional or Special Use in the ARRD zone district: 2.02.46 - School: A public or private pre - school, elementary or secondary school or college. 2.02.015 — Agriculture - Related Business: A business whose sole function is the provision of services or retail sales of products, agricultural in nature, as more fully defined under the definition of Agricultural Land. 2.02.525 — Veterinary Clinic: An establishment for medical and surgical treatment of animals. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing 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. 6 3. That for the above stated and other reasons, the proposed Conditional Use Permit for a Home Occupation is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with Section Garfield County Zoning Resolution of 1978, as amended. VII. Staff Recommendation Staff finds that the proposed Home Occupation can be conducted in compliance with the Garfield County Zoning Resolution of 1978, as amended. Impacts from the proposed use as represented by the Applicant will not adversely impact adjacent uses. Staff recommends that the Board of County Commissioners APPROVE this request for a Home Occupation for the property owned by Ron and Lisa Speaker at 421 Ponderosa Way with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless altered by the Board of County Commissioners. 2. The classes may only be conducted using the property owner's horses. No outside horses may be brought to the property for the purposes of horse message training or in other connection with this Home Occupation. 3. No retail or wholesale sales of any kind associated with the activities of the Home Occupation shall be allowed to take place at the property. L »f(Gt/ z .€ (eP`r p.iy?447.� q • por4Akei 4. All operations of the home occupation shall be conducted within the dwelling or accessory building. 5. No class may exceed ten students. 6. Class occurrence is limited to seven classes per month. 7. All classes must take place between the hours of 9AM and 5PM. 8. No signs advertising the home occupation may be placed anywhere on the subject property. 9. No employees are allowed for the home occupation. Only the property owner and any family members residing at the subject property may be employed in the home occupation. 10. No additional outdoor lighting associated with the Home Occupation may be installed. 11. In the event any representations made in the application for which this permit is granted, change and are no longer consistent with the representations in this application, the applicant shall be 7 required to submit a new permit application to the County addressing the changes by the Applicant. 12. Prior to issuance of the Conditional Use Permit, the Applicant shall demonstrate that a stop sign has been installed on Ponderosa Pines Way at the entrance to County Road 100 in accordance with the MUTCD (Manual on Uniform Traffic Control Devices). 13. Prior to issuance of the Conditional Use Permit, the Applicant shall provide a new well permit indicating that the well water can legally be used for the requested Home Occupation. 8 GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Speaker, Ron & Lisa Sent to: EXHIBIT Date Sent: December 5, 2007 Comments Due: Dec ember 26, 2007 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e- mailed, or faxed to: Garfield County Building & Planning Staffs contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970- 945 -8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. As Ponderosa Pines Way is a private drive and not maintained by Garfield County Road & Bridge Department we have no comment on this roadway. The increased traffic volume generated by this application would not have a major impact on the total traffic volume on Cr. 100. If not already in place we would request a stop sign be installed on Ponderosa Pines Way at the entrance to Cr. 100. The sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date December 10, 2007 Revised 3/30/00