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HomeMy WebLinkAbout2.0 Staff ReportBOCC 06/06/05 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Conditional Use Permit for a Home Occupation in the ARRD zone district. APPLICANT Barry Stahl and Jodi Peterson LOCATION SW of Rulison Sfl'E DATA Approximately 2 acres ACCESS CR 309 (Wallace Creek Road) WATER Well SEWER ISDS EXISTING ZONING ARRD I. REQUEST The Applicant requests approval from the Board for a Conditional Use Permit for 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 Applicants own and operate "Outdoor Services" which is a service oriented business that specializes in tweed controljandlconcrete landscape curing. Outdoor Services currently has two employees which own and occupy the home at this property. The Applicant would like to operate the business from their residential property. This operation primarily includes storage of equipment and daily operations for Outdoor Services. More specifically, the business operates seasonally from the middle of April through the middle of Noyember with regular business hours between daylight and dark. Activities associated with the use may include loading chemical jugs or sacks and cement sacks on to trucks or trailers. The business 1 anticipates deliveries in the form of chemical shipments on a weekly basis during this seasonal operation. The chemical delivery truck is a bobtail box truck.lNo customers will visitithe property as part of the use as there will be no sales occurring at the property. As part of the requested use, the Applicant proposes to construct a 42 x 72 foot metal storage building (3,024 sq. ft.) to store equipment and materials for the business as well as for personal storage. he business storage includes the parking of trucks, trailers and equipment necessary to the eration of the business. The current inventory of business equipment includes one truck, two trailers, two six wheel ATV's and skid mounted spray rigs that slide onto the truck and ATV's. The weed control portion of the business storage would include the storage of pesticides stored in a manner to conform to licensing requirements required and controlled by the Colorado Department of Agriculture which conform to the MSDS sheets (MaterraTaatetybata Sheets) and the labeling on the chemical. The local fire departments will also be notified and the storage area will be available for their inspection. The concrete curbing portion of the business would store sacks of cement, and sacks of color used to - the concrete. The equipment for this portion of the business is all on one self- contained trailer. III. SI1hDESCRIPTION The property is approximately 2 -acres in size and slopes gently in a southwest to northeast direction and is improved by a single-family dwelling served by a gravel drive from CR 309. There are also several small storage structures and a newly constructed pole barn. Much of the property is fenced and vegetation primarily consists of field grasses with some mature Juniper / Pinion Pine towards the rear of the lot. Property to the east is vacant and covered with a similar vegetative character. The property to the rear (south) contains a single-family dwelling that rests on a knoll slightly elevated above the subject property and containing the same limited vegetation of mature Juniper / Pinion Pine. There are significant views from these properties of the Colorado River Valley and to the Flattops. IV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits as well as incorporated in the memorandum where appropriate. A. City of Rifle: No Comments Received B. Garfield County Road and Bridge Department: (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 listed 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. 2 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; Staff Finding No water or sanitation services are needed for the proposed use. Holy Cross Electric indicated that electric power for the proposed building would be provided underground from an exiting pole in the yard at the property. The meter would be set on the existing pole. 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 The single-family residence and proposed shop building are presently served by a driveway from CR 309. The traffic generated from this Home Occupation is characterized in two forms: 1) deliveries to the property once a week, and 2) daily trips to and from the property to and from job sites. The business pickup is loaded with supplies to be taken to the particular job site leaving once in the morning and returning at the end of the day. Additionally, there are no employees entering or leaving the property and there is not walk-in traffic to the property. Garfield County Road & Bridge Department met with the Applicant on site and they have agreed to improve the existing driveway to meet standards required in a driveway access permit which includes the installation of a 12 -inch culvert, widening the driveway to 40 -feet and a concrete apron attached to the driving surface of CR 309 (Rifle-Rulison Road) so that the driveway will have a square intersection with County Road 309. Lastly, due to this low volume of trips generated by the current operation, Staff finds no other street improvements are needed as a result of this home occupation. 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 manner as to protect established neighborhood character; Staff Finding 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. This is clear by the language found in the definition of a Home Occupation (Section 2.02.29 of the Zoning Resolution of 1978, as amended) which states: "Any use for gain or support carried on as an accessory use within a dwelling or building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity." The key language in this definition states "wherein such use would not create the appearance or impact of a commercial activity" and is intended to address the magnitude, function, and impacts 3 of a commercial activity so that it may be carried on in a residential setting. The "appearance of the use" should resemble generally acceptable forms consistent with a residential use which includes accessory buildings for personal storage, personal wood shops, garages for vehicles, etc. The "impacts" of a commercial activity generally refers to hours / days of operation, traffic, employees, lighting and signage, and product sales and storage. In the present case, the most significant visual impact to the surrounding properties is the size of the proposed (42' x 72') metal storage building which would have a footprint of 3,024 sq. ft. The Applicant indicated the structure would be 25 feet tall. The Applicant proposes to locate the structure at the rear of the lot which would be located directly in and below the view -shed of the single-family residence to the south of the property owned by Lisa Mancuso and David Martin. This is the most significant impact to that property. The Applicants proposed this location so that the structure was pulled back from the road reducing the visual impact as seen from the county road. There are no signs or lighting proposed to indicate that a commercial business is located and operating on the property. Lot Coverage The ARRD zone district has a maximum lot coverage standard that requires that no more the 15% of the parcel can be covered by development (excluding gravel drives). In this case, the property is approximately 87,120 sq. ft. in size. The owner would be allowed to cover or construct on 13,068 sq. ft. of the property. The proposed storage building would reduce that figure to 10,044 sq. ft. It appears that the remaining balance would easily accommodate the foot print of the single-family dwelling, shed, and pole barn without exceeding this requirement. Based on the size of the lot, there is room to relocate the structure to different areas of the property that may minimize the impact on the neighbor's view -shed. However, it should be noted, that the Applicant could erect the same size structure without needing any land use approvals by the Board if the structure was 1) an agricultural building or 2) used strictly for personal storage such as a garage. It is only being reviewed by the Board because of the request for the Home Occupation. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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. 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. 4 VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE the request for a Conditional Use permit to allow a home occupation for a property located at 7950 County Road 309, Garfield County 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 specifically altered by the Board of County Commissioners. 2. The Applicant shall be prohibited from erecting any signage or lighting associated with the Home Occupation. 3. Only one delivery truck shall be allowed per week bringing supplies and materials to the property for the purpose of the Home Occupation. No other visitor traffic associated with the Home Occupation shall be allowed to visit the property. 4. All trailers, ATVs, skid mounted spray rigs that slide onto the truck and ATV's, materials and supplies associated with the Home Occupation shall be stored inside the storage structure. 5. The Home Occupation shall be permitted to occur from April 15th to November 15th and have regular business hours between 6:00 AM to 6:00 PM, Monday through Friday. 6. No sales (retail or wholesale) of any kind associated with the activities of the Home Occupation shall be allowed to take place at the property. 7. The Applicants (Barry Stahl and Jodi Peterson) shall be the only employees allowed to operate the business at the property. ( .eA4 v nu� t✓K n f /.L), 8. The Applicants shall obtain a driveway / access permit from the Road and Bridge Department for the proposed improvements to the existing driveway as it connects to CR 309. 9. 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 required to submit a new permit application to the county addressing the changes. /4. Ir 12• 5 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: May 9, 2005 Comments Due: May 31, 2005 Name of application: Stahl, Barry & Peterson, Jodi Conditional Use Permit Sent to: Garfield County Road and Bridge Dept. EXHIBIT F 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 Staff contact: Fred Jarman 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Dept. has met with the applicants on site and they have agreed to improve their driveway to meet our requests. This includes a 12 -inch culvert, widening to 40 -feet and a concrete apron attached to the driving surface of Cr. 309 (Rifle-Rulison Road). Garfield County Road & Bridge Dept will not request a new driveway permit, as the applicant has agreed to the fore mentioned requirements. The new driveway will also be an improvement to the approach to Cr. 309. We have no other concerns with the application for the Conditional Use Permit. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date May 11, 2005 Revised 3/30/00 PLANNING DEPARTMENT GARFIELD COUNTY DEAR SIRS, I AM WRITING YOU IN REGARDS TO THE SPECIAL USE PERMIT REQUESTED BY BARRY STAHL AND JODI PETERSONLOCATED AT 7950 COUNTY ROAD 309 RIFLE COLO, I PREVIOUS LY OWNED THIS PIECE OF POPERTY AND SOLD IT BY A SUBDIVISION EXEMPTION SOME YEARS AGO, ON SELLING THIS LOT AND OTHERS WE HAD COVENANTS ATTACHED AT THAT TIME THIS ENTIRE AREA WAS ZONED AGRICULTURE AND RESIDENTIAL OUR INTENTION WAS FOR IT TO STAY THAT WAY, I AM SURE THE AJOINING NIEGHBORS FEEL THE SAME WAY. I HAVE NO OBJECTION FOR THE PRESENT OWNERS OPERATING THEIR SMALL SPRAYING AND CEMENT STRUCTURES FROM THE PROPERTY AS LONG AS THE PROPOSED BUILDING DOESENT OBSTRUCT THE VIEW OF THE AJOINING NIEGHBORS.WITH NO ZONING CHANGE AND NO PASS THRU OF THE OF THE PERMIT TO THE NEXT OWNERS , SINCERELY YOURS CARH H, BERNKLAU., RECEIVED MAY 2 4 2.005 GARFIELD COUNTY BUILDING &PLANNING Sunday, May 22, 2005 America Online: TheI-IilltopFarm specific performance by either the Sellers or the Buyer in a Court of appropriate jurisdiction. 7. BINDING EFFECT. The terms and conditions hereof shall extend to and be binding upon the respective parties hereto, the heirs, devisees, personal representatives and assigns of the Sellers and the successors and assigns of the Buyer. S. RESTRICTIVE COVENANTS. At the time of con- veyance, Sellers will impose upon the transfer of the Property above described, as covenants running with each individual parcel of land above described, the following: (a) Buyer may keep and maintain upon the premises animals for his personal use, including one dog, two horses, two cows, and poultry, provided all such animals and poultry are restrained so as not to annoy other persons living in the vicinity. - (b) No trailer homes or houses shall be allowed upon the premises and -used for permanent occupancy. (c) There shall be no activity conducted on the premises which would cause unusual or disturbing noise. The covenants above set forth apply to the lands above described, only, and will not necessarily be included in any conveyances of adjoining lands, nor will they be applicable to any lands retained by the Sellers. -6- Garfield Planning Commission Attention Fred Jarman 108 8th Street Lisa Mancuso and David Martin 7894 County Road 309 Rifle, Co 81650 4CE_IITELI c qY 3 r 2045 qR�/C DU/LD/NG& p gdiv� ry ANG ‘6‘.EXHIBIT May 26, 2005 To The Garfield Planning Commission: We are writing this letter in regards to the Stahl/Peterson conditional use permit. We are a direct neighbor to this property. We have several concerns about this permit. First, we realize that this permit allows them to keep vehicles, materials, weed control chemicals for their business, and equipment in the structure they plan to build. In order to do that, they have applied for a building measuring 42' x 72'. They plan to erect this building next to our property. This would directly affect our standard of living. Our living area, backyard, and deck look right over this section of property. All we would see is a massive metal structure. It would block the Colorado River, and open fields where deer graze. The Stahls/Petersons work on their vehicles and prepare them for work so the noise, lights, and traffic would break the quietness and serenity of living in the country. We are also concerned about the weeding chemicals being stored on the property. We are all on wells in the neighborhood. An accident could be costly to everyone's health in the area. Second, we all signed a covenant with Mr. and Mrs. Bernklau when we bought our property. The covenant was meant to protect our standard of living and way of life. The land was meant for residential and agricultural uses only. Change in zoning for Stahl and Peterson could then cause changes in other peoples' zoning. Will this permit now open up our community to other home occupations? Will we have huge dump trucks, a junkyard, or a pipe company living next to us in a year because they are able to fit everything in that structure? Will this permit now open up our community to other home occupations? Will others living in the area now try to save money by bringing their businesses into their homes instead of renting space in town? We bought our lot with a guarantee / covenant that our area would be strictly residential. We chose to make our home in the country where we could have acreage, privacy, enjoy the wild life, and pristine Colorado views. Home occupation zoning would alter this. In closing, we would like to thank you for taking the time to look over our concerns. We are very happy and fortunate to live in our area. We would like to maintain that way of life for generations to come. Sincerely, dkw% Ykluluv3 Lisa M. Mancuso and David M. Martin Exhibits for Public Hearing held on June 6, 2005 A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F Letter from Road and Bridge Department dated 5/9/05 G Letter from Carl Burnclaw dated 5/20/05 H Letter from Lisa Mancuso and David Martin dated 5/26/05 eti A -di ( 7,,o; olcs..scA,A)