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Home My WebLink About3.0 BOCC Staff Report 12.07.1998BOCC 12/7/98 PROJECT INFORMATION AND STAFF COMMENTS PLANNING COMMISSION RECOMMENDATION: At their October regular meeting, the Planning Commission voted unanimously to APPROVE the special use permit for indoor and outdoor storage with stab's 12 recommended conditions. REQUEST: A request for review of a Special Use Permit to allow indoor and outdoor storage of automotive equipment and parts in association with a Home Occupation, and a request for a Conditional Use Permit to allow for a Home Occupation. APPLICANT: Kevin Runia LOCATION: 508 C R 225, Rifle, generally located 2 1/2 miles west of Silt, north of I-70. SITE DATA: 12.048 Acres ACCESS: C R 225 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is classified as District C, Rural Areas in the 1984 Garfield County Comprehensive Plan. This District is characterized as a rural area with minor environmental constraints. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: The applicant is requesting to run a mobile tire service from his home. The application indicates that an existing 1,500 square foot storage shop to store materials and equipment as may be needed for off-site tire repairs. 1 III. MAJOR ISSUES AND CONCERNS A. Zoning: The AJR/RD zone, allows for home occupations as a conditional use which "would not create the appearance or impact of a commercial activity". The zone also specifies storage as a special use. The applicant in this case is requesting a special use for both storage and a home occupation. The process for obtaining a conditional or special use permit are the same, however the fee structure is different. A conditional use is a $250 dollar application permit, and the special use is a $400 application fee. The hours of operation would be 24 hours, as needed for emergency responses for off-site tire repair. Legal Access: Legal access will be via CR 225. Water and Sewer: The applicant has indicated that the proposal will not use water. Given the combustible nature of the storage, the applicant should provide an on- site means of water for fire protection. Fire Protection: The site is located within the general service area of the Rifle Fire Protection District. The applicant should inform the district if he will be storing tires or other flammable materials. The District should be required to periodically inspect for compliance with any Fire Codes which may apply to the use. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Planning Commission. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. That for the above stated and other reasons, the proposed special and conditional use permits are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 2 V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. The Special Use Permit shall be issued when all conditions are met, and shall expire 180 days after issuance unless the operation has begun. Extensions can be granted by the Board of County Commissioners. The applicant shall obtain approval and periodic inspection by the Rifle Fire Protection District, for compliance with any applicable regulation regarding the storage of combustible material. 4. The applicant shall pay $250 for a conditional use permit. The applicant shall be limited to a commercial enterprise which is consistent with the definition of Home Occupation as defined in the Garfield County Zoning Resolution of 1978, as amended. The applicant shall sign an agreement with Garfield County granting access to the subject property for inspection to ensure conformance with the conditions of the conditional and special use permits. That the permits issued are specific to the use described in the application and are limited to use by the applicant. The permits shall be deemed invalid if the property changes ownership or if the use is substantially changed. That the applicant provide proof of adequate emergency water for the purposes of fire suppression to the satisfaction of the Rifle Fire Protection District, and the County. That the applicant remain in compliance with any federally mandated requirements regarding the storage, discharge, or release of known toxic or non-toxic materials which may be associated with the use. 10. That the applicant is limited to the operation of a single repair truck at any given time which is operated for business purposes, of which the truck may be one (1) of no more than three (3) vehicles in a fleet which are entirely devoted to the operation of the business. 3 11. The applicant shall be limited to 2,000 square feet of out door storage. Said storage may not consist of more than 500 square feet devoted to the storage of tires. Said storage of tires may not be stacked more than six (six) high, or attain a height in excess of nine (9) feet. 12. Any expansion of the use as indicated in the application shall only be undertaken following approval by the Board of County Commissioners. 4 The last item on the agenda was a public hearing for a request of a special use permit to allow indoor and outdoor storage of automotive equipment and parts in association with a home occupation. Property is located at 508 CR 225 in Rifle. Cheryl Chandler stepped down on this issue. Jim Leuthauser questioned Mr. Runia concerning mailing notification. Addresses and owners names were obtained at the Clerk and Recorders office September 1998. Certified letters were mailed out after the 1st of October, within 15 days of the delivery date. Jim said it appeared that noticing was OK. Glenwood Post notice was 15 days from today. Jim suggests, that before going to BOCC meeting that you do noticing within the 15-30 day requirements. John Barbee entered the following exhibits into the record: 10 f+ z 0 idk °M 6't-- Exhibit A: Green Return Receipt Cards Exhibit B: Proof of publication in the Glenwood Post Exhibit C: Staff Report and Attachments Exhibits A -C were all accepted into the record. John reminded P&Z that they are looking at a special use permit only at this time --to allow for an indoor and outdoor storage of automotive equipment. The applicant is requesting to run a mobile tire service from his home. The application indicates that an existing 1,500 square foot storage shop to store materials and equipment as may be needed for off-site tire repairs. A conditional use permit will need to be applied for and will need to notice if and when it goes to the BOCC. The zoning (A/R/RD) allows for a home occupation as a conditional use permit which "would not create the appearance or impact of a commercial activity". Storage is zoned as a special use in this area. The hours of operation would be 24 hours a day. The applicant has noted the proposal would not use water but given the combustible nature of the storage, the applicant should provide an onsite means of water for fire protection. The site is located within the general service area of the Rifle Fire Protection District. The applicant should inform the district if he will be storing tires or other flammable materials. The District should be required to periodically inspect for compliance with any Fire Codes which may apply to the use. Staff is recommending approval with the twelve (12) conditions listed in the staff report. Applicants Kevin and Kathy Runia presented their presentation. The Runia's own Down Valley Tire. Kevin wants to move shop from Rifle to his home. He will not be doing any on site repairs. He is trying to downsize his business. Questions were asked to the applicant by P&Z members. Herb Nelson asked the Runia's if they had spoken to their neighbors about this proposal. Kevin stated, that yes they had talked to all of their neighbors. He stated that they get along great with all the neighbors. Mike Sylvia asked if he would stock both old and new tires and how would old tires be disposed of. Kevin stated he would cut up the old tires and take them to the dump himself and that yes he would have both new and old tires at this location. Michelle Foster questioned storage for old tires. The fenced storage would be used for the old tires. Kevin stated that most of his business is agricultural or truck business. (mostly speciality stuff) No further questions were asked by P&Z. Public comments were taken next. Frank Fraser says this is a low visible impact business and he is in support of this proposal. 11 .P —2 ,rrwvv. o fon x,11,.