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HomeMy WebLinkAbout2.0 PC Staff Report 08.08.2007REQUEST: PC 8/8/2007 DP PROJECT INFORMATION AND STAFF COMMENTS Amend the text of Section 30.2.03 of the Zoning Resolution of 1978, as amended, regarding the use of Contractor's Yards as a Special Use in the A/R/RD (Public Meeting) APPLICANT (OWNERS): Bruce and Ann Dee Snode REPRESENTATIVE: Julie Hanson, Beattie and Chadwick, LLP BACKGROUND The Applicants, Bruce and Ann Dee Snode, are landowners on County Road 352 in Garfield County, located near the Garfield County Airport and zoned Agricultural/Residential/Rural Density (A/R/RD). The Snode's also own a trucking business called Hogback Trucking which delivers water to oil and gas companies and drill sites. The Applicant's representative has explained in the application that "the current use of the property includes a residence and a shop used for maintenance of the Hogback Trucking vehicles, not for any other commercial or retail purpose." It is Staffs interpretation that this use is a "Contractor's Yard", is a current zoning violation and is not permitted as a use by right, conditional use or special use within the A/R/RD Zone District. It is Staff's understanding that the Applicant has researched rezoning the property to Light Industrial, where a "Contractor's Yard" is permitted and although the property is close to such zoning, it is not contiguous. To this end, the Snode's are requesting a Zone District Text Amendment to allow "Contractor's Yards" in the A/R/RD Zone District as well as a definition for "Contractor's Yard" which is consistent with that identified within our proposed Draft Land Use Code. II. COMPREHENSIVE PLAN LAND USE GOALS AND OBJECTIVES • Garfield County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. • To ensure that commercial and industrial development are compatible with adjacent land uses and mitigate impacts identified during the plan review process • Encourage the location of industrial development in areas where visual, noise, air quality and infrastructure impacts are reduced. • Ensure that Zoning Regulations addressing Commercial and Industrial uses reflect the changing land use patterns and demographics of the County and encourage the further diversification of the County economy. • Ensure a commercial and industrial development policy that is environmentally sound and acceptable to County residents and policy makers. • Proposed commercial and industrial development will direct traffic to roadways capable of handling projected traffic Sections. • The project review process will include a preliminary assessment of the projected traffic impact associated with all commercial and industrial projects... • Staff review of proposed commercial and industrial development will include a determination of 1 the potential impacts of the project on the local transportation system. Specific issues to be addressed include the following o Traffic generated based on Institute of Traffic Engineering (ITE) rates; o Existing traffic counts on adjacent roadways; o The appropriateness of proposed access points; o The compatibility with existing and future traffic on the affected roadways; • Ensure the compatibility of development proposals with existing farms and ranches. • Ensure that active agricultural uses are buffered from higher -intensity adjacent uses. III. CONSISTANCY WITH EXISTING COUNTY REGULATIONS At present, Section 3.02 does not identify "Contractor's Yard" as a permitted use. In addition, the Zoning Resolution does not define "Contractor's Yard". However, a "Contractor Construction Yard and Facilities" is permitted within the Light Industrial (UI) Zone District, which is the only Zone District to permit such a use. The proposed Draft Land Use Code does define "Contractor's Yard" as: "The use of land for the purpose of storing machinery, equipment and supplies for an individual business that provides services to clients through the use of the machinery, equipment or supplies. Such use may include office and repair facilities." In accordance with the proposed Draft Land Use Code, what is currently the Agricultural/Residential/Rural Density (A/R/RD) Zone District is anticipated to become the Rural Zone District. Further, the proposed Draft Land Use Code allows for a "Contractor's Yard" which meets the above mentioned definition within the Rural Zone District (See excerpt, below). DRAFT ARTICLE III ZONING 3-501 Table: Rural; Residential, Commercial and industrial Zone Districts USE ZONE DISTRICT < a Qp C 0) 0 0 N Z 4 m RESIDENTIAL - URBAN Residential - Manulactured Home Park N W m m .4 U W 8 COMMERCIAL -LIMITED COMMERCIAL -GENERAL Q 6 fP PUBLIC LANUS Bakery, Commercial over 5,000 sq. ft. of floor area L • Batch Plant see Prongs in Boarding or Rooming House L L L L Broadcasting Studio _ A A A Building Material, Lumber Yard M L L L L Campground,' RV Park fd L C L Car Wash M L _ L • Cemetery L L _ 'L L L L • Communication FaciliR _ L L L L _ 1 L • community Meeting Facility, Receplon Hall, or Auditorium L L L L L L L Contractors Yard M L • • • 2 IV. REQUEST The applicant, Bruce and Ann Dee Snode, requests amending Section 3.02.03 of the Zoning Resolution to add "Contractor's Yard" as a Special Use. In addition, the Applicant proposes to add the following definition to Section 2.00 of the Zoning Resolution: "The use of land for the purpose of storing machinery, equipment and supplies for an individual business that provides services to clients through the use of the machinery, equipment or supplies. Such use may include office and repair facilities." V. STAFF COMMENTS As a "Contractor's Yard" is proposed to be a Special Use within the A/R/RD Zone District, it is Staff's opinion that such a use is consistent with the proposed Draft Land Use Code which permits "Contractor's Yards" in the Rural Zone District once it receives a Major Impact Review. Generally, the Special Use process in the current Zoning Resolution is equivalent to a Major Impact Review in the proposed Land Use Code. The definition which the Applicant is proposing for "Contractor's Yard" is identical to that in the proposed Draft Land Use Code. In regards to the Comprehensive Plan of 2000, it is Staff' opinion that since a "Contractor's Yard" is proposed to be a Special Use in the A/R/RD Zone District, the goals and objectives identified can be addressed as part of a specific project review process. VI. STAFF RECOMMENDATION Staff recommends the Planning Commission recommend that the Board of County Commissioners approve the addition of "Contractor's Yard" as a Special Use to Section 3.02.03 of the Zoning Resolution and add the proposed definition for "Contractor's Yard" to Section 2 of the Zoning Resolution. VII. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1. That the meeting before the County Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. That the proposed text amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended. 3