Archuleta County Development Services Department REPORT TO THE ARCHULETA COUNTY BOARD OF COUNTY COMMISSIONERS

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Bartholomew Young
5 years ago
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1 Archuleta County Development Services Department REPORT TO THE ARCHULETA COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST: Review a Conditional Use Permit application for At Your Disposal pursuant to the C.U.P. Review Criteria in Section of the Archuleta County Land Use Regulations APPLICANT: LANDOWNER: At Your Disposal Mark and Kathryn Young Mark and Kathryn Young HEARING DATE: February 17, 2015 REPORT DATE: 2/4/2015 PLANNER: Steven Brown Zoning District: Commercial (C) minimum lot size: 10,000 sq. ft. Legal Description: PAG VILL SERV COMM Lot: 20 P VIL SER Sec: 20 Twn: 35 Rng: 2W Address: 128 Bastille Dr. PIDN: Parcel size: 1.74 acres PROJECT DESCRIPTION: At Your Disposal currently operates a waste disposal business at 128 Bastille Dr. which includes outdoor storage of roll-off containers for waste disposal. Their request is to add recycling to their existing services as this location. Waste disposal is not listed in Section Zoning District Uses in the Archuleta County Land Use Regulations, however, Outdoor Storage is listed as a use that requires a Conditional Use Permit (CUP) in the Commercial District. Recycling Facilities are also permitted by CUP in the Commercial District. The existing office and garage area is fenced and paved. A 6 foot solid wood fence encloses the gravel storage yard, screening the area where roll-off containers are currently stored and recycling bins and bailing operations are proposed. The property is accessed directly off Bastille Dr. with an existing paved 22 driveway entrance, Currently 10 paved parking spaces are provided. Recyclables are proposed to be stored on site until of a sufficient amount to be baled and picked up by brokers for transport off site. The current owners purchased the property on September 13, There is no record of a required Conditional Use Permit having been applied for or approved for the Outdoor Storage since that time. Prior to that time, the property was operated as a contracting yard, with a 2,240 sq. ft. garage structure permitted in The first adoption of the Archuleta County Land Use Regulations occurred in 2000 and the current Regulations were adopted in May Section (1) stipulates that Issuance of a Conditional Use Permit shall authorize only the particular use for which it is issued. Conditional Use Permits do not run with the land, and therefore any claim for the existence of a pre-existing non-conforming use exempting At Your Disposal from the requirement for a Conditional Use Permit based on the previous use by the previous tenant cannot be substantiated. COMPLIANCE TO APPLICABLE LAND USE REGULATIONS Each of the review criteria enumerated in Section Zoning of the Archuleta County Land Use Regulations were considered for applicability to this project. Many of the standards were not applicable to this project. The Sections discussed below are the review criteria that apply to this project. At Your Disposal CUP Page 1 of 5 February 17, 2015

2 Review Criteria: 1. The use is in keeping with the development objectives of Archuleta County 2. The use, if it complies with the recommended conditions of approval, should not result in any negative effect on air quality, water quality, light or other public facilities, but will result in a positive impact on the amount of recyclable material is diverted from landfills. 3. The use, if it complies with the recommended conditions of approval, will likely have minimal impacts on traffic in the area as they will be utilizing and improving an existing access onto Bastille Dr. 4. The proposal does not include any expansion on the structures already in place, so there would be no change to the character of the area on that basis. 5. There are no proposed changes to the structures and adequate parking is proposed. 6. As the project maintains compliance with the conditions of approval, should not increase impacts on natural resources or wildlife habitat. REVIEW COMMENTS FROM REFERRAL AGENCIES: Comments from Referral Agencies will be provided as they are received prior to the hearing. Pagosa Area Water & Sanitation District- The property is located within the District boundaries for water and wastewater service, is currently receiving service, and is therefore, subject to the Rules and Regulations and Construction Specifications of the District. The District assumes all existing covenants and restrictions, and easements will remain in effect. Pagosa Springs Sanitation General Improvement District Not in Service Area Pagosa Fire Protection District No objections, but requests review of Construction Documents for three-sided dumpster enclosure (one paper copy and one digital). Source Gas Distribution, LLC - Approved LaPlata Electric Association, Inc. No objections provided that all structures meet or exceed the minimum clearance to power line facilities as set forth in the current edition of the National Electrical Safety Code and also provided that no structures are located on any LPEA easements, underneath any overhead power lines or on top of any underground power lines. County Engineer; 1. Section of the Archuleta County Road & Bridge Design Standards adopted by resolution # (November 2, 2005) requires Driveways serving commercial must be designed and paved in accordance with Section C, and , with TI equaling The applicant shall submit detailed grading and drainage plans, which shall be prepared by a qualified Colorado Registered Professional Engineer. 3. Calculations for historic and developed storm runoff shall be submitted which shall be prepared by a qualified Colorado Registered Professional Engineer. 4. After construction the applicant shall submit to the Engineering Department a signed and sealed letter from the design engineer that drainage was built according to plans. At Your Disposal CUP Page 2 of 5 February 17, 2015

3 REQUIRED PUBLIC NOTIFICATIONS: The public notification of this project was in accordance with Section 2.2 of the Regulations: Published in the Pagosa Springs Sun at least 2 times in the 21 day period prior to the Public Hearing. Posted at least 21 days prior to the public hearings; site was posted in January Mailed via first class U.S. mail at least 21 days prior to public hearings to owners of property within 500 feet of the boundary of the subject property. This requirement was waived by the Interim Director because the State required Certified mail for their permitting process. PUBLIC COMMENTS There were no comments received before the Planning Commission Meeting to consider the CUP. Comments received from the public, prior to the Board Hearing, will be provided as they are received. CONDITIONAL USE PERMIT - NECESSARY FINDINGS Section : Section : That the proposed location of the use, the proposed access to the site, and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project, if it complies with the conditions of approval, should not include any detriment to public health, safety or welfare. Section : That, if required by the proposed use, there are adequate and available utilities and public services to service the proposed use, without reduction in the adequacy of services to other existing uses. These utilities and public services may include, but are not necessarily limited to, sewage, and waste disposal, water, electricity, law enforcement, and fire protection. There are no proposed changes to the existing utilities, and adequate facilities exist for power, water and sewage, and no problems with infrastructure provided to the site are known. Law enforcement and fire protection will be among the review agencies asked to comment on the proposal, and their responses will be provided as they are received prior to the hearing. Section : That the proposed use will be compatible with adjacent uses, including but not limited to site design and operating factors, such as the control of any adverse impacts including noise, dust, odor, vibration, exterior lighting, traffic generation, hours of operation, public safety, etc. The proposed use is a minor expansion of the existing operation, by the addition of recycling services, and although there was not previously any Conditional Use Permit applied for or approved for the existing use, if the applicants comply with the conditions of approval it is not expected to generate adverse impacts. PLANNING COMMISSION RECOMMENDATION: On January 28, 2015, The Planning Commission held a hearing on the application and voted unanimously to recommend approval with the following conditions: 1. Driveway shall be designed and paved in conformance with Section C, and of the Archuleta County Road and Bridge Standards, with TI equaling 6.0. At Your Disposal CUP Page 3 of 5 February 17, 2015

4 2. All structures shall meet or exceed the minimum clearance to power line facilities as set forth in the current edition of the National Electrical Safety Code and no structures shall be located on any LPEA easements, underneath any overhead power lines or on top of any underground power lines. (Public Works Director, Ken Feyen recommended to the Planning Commission (PC), at the PC Hearing, that comments 2 through 4, which they provided earlier (see above), are unnecessary as conditions if the Board adopts Recommendation 3, below) 3. The applicants shall provide the Public Works Director with a site plan showing all existing and proposed improvements sealed by a qualified Colorado Registered Professional Engineer indicating that there are no significant improvements proposed on the site plan. If the improvements are so certified as insignificant to the site, in lieu of a grading and drainage plan, a statement can be placed on the plan indicating that all proposed construction will contribute zero additional runoff. If the improvements are certified as significant, the applicant will: A. Submit a detailed grading and drainage plans, which shall be prepared by a qualified Colorado Registered Professional Engineer. B. Calculations for historic and developed storm runoff shall be submitted which shall be prepared by a qualified Colorado Registered Professional Engineer. C. After construction the applicant shall submit to the Engineering Department a signed and sealed letter from the design engineer that drainage was built according to plans. The applicants have, since the Planning Commission Meeting submitted and the Public Works Director has approved a revised site plan that includes the addition of a grassed area, and drainage calculations that indicate that their will be no net increase of runoff as a result of the development of this proposal. STAFF RECOMMENDATION: Planning Staff has reviewed this Conditional Use Permit proposal with respect to the Archuleta County Land Use Regulations adopted in Staff has found that with the conditions of approval recommended, the Necessary Findings for the granting of a Conditional Use Permit can be met by the project proposal. This determination is based on an evaluation of the site specific plan. Alternatives: A. Recommend approval with conditions, of the At Your Disposal Conditional Use Permit B. Continue consideration of the request with direction to staff and/or applicant. C. Recommend denial of the At Your Disposal Conditional Use Permit with reasons stated in the motion. At Your Disposal CUP Page 4 of 5 February 17, 2015

5 Staff recommends Alternative A approval of this request with the following conditions: 1. Driveway shall be designed and paved in conformance with Section C, and of the Archuleta County Road and Bridge Standards, with TI equaling All structures shall meet or exceed the minimum clearance to power line facilities as set forth in the current edition of the National Electrical Safety Code and no structures shall be located on any LPEA easements, underneath any overhead power lines or on top of any underground power lines. 3. The site shall be developed in accordance with the revised site plan dated 1/29/15. END OF REPORT At Your Disposal CUP Page 5 of 5 February 17, 2015

STAFF REPORT. To: Planning Commission Meeting date: December 14, 2016 Item: UN Prepared by: Robert Eastman. To allow a vehicle impound yard

STAFF REPORT. To: Planning Commission Meeting date: December 14, 2016 Item: UN Prepared by: Robert Eastman. To allow a vehicle impound yard # 6 ) UN-79-16 ABC TOWING, TITAN TOWING, AND TOW GUY TOWING SPECIAL USE PERMIT PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: December 14, 2016 Item: UN-79-16 Prepared by: Robert Eastman