Hayden Hemp Industrial Site Plan Review

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1 Hayden Hemp Industrial Site Plan Review ACTIVITY #: HEARING DATES: PETITIONER: PETITION: LOCATION: PL Planning Commission (PC): 05/18/2017 at 6:00pm John Emery, Hayden Hemp, LLC Site Plan Review for a Light Industrial Use. 1.5 miles east of the Town of Hayden ZONE DISTRICT: Commercial Zoning District AREA: 1.34 STAFF CONTACT: Kristy Winser kwinser@co.routt.co.us Narrative Aerial Site Plan Floor Plan Referral agency comments History: This 1.34 acre site is the location of the former Bobcat Equipment Sales and Repair Dealership, approved for a retail establishment with outdoor storage and/or sales in The site was subject of a change of zone in the past from Agricultural/Forestry to the Commercial Zone District with several uses approved from auto repair and taxidermy to a bowling alley. Site Description: The parcel is located on the north side of US Highway 40 and includes a one-story metal building of approximately 5,500 sq. ft. There is an existing/permitted access drive from Highway 40 on the west side of the site to a parking area and trucking/delivery area along the west side of the building. The parking and delivery areas are surfaced with course grade road base and the driveway apron is asphalt. An existing 6-foot fence surrounds the parcel and screens the parking and storage areas. The building site is relatively flat, but the property slopes up significantly on the east and northeast side, naturally screening the site from the adjacent property to the east and from the westbound traffic on Highway 40. The applicant proposes to build three (3) 40 x100 green houses on the site perpendicular to and set back from the building by 22. One green house is proposed on the west side of the building along the rear property line and the other two would be located on the east side of the building PC 05/18/2017 Page 1 of 15

2 behind the 6-foot fence and towards the rear property line. Two areas have been identified on the site plan for snow storage, one on each side of the site. Project Description: The applicant requests a change of use from Retail to a Light Industrial for the cultivation and processing of industrial hemp. Cultivation and processing will be done within the existing building and within the greenhouses onsite. No new construction is being proposed for the interior of the building. The proposed greenhouses will require building permits. Proposed hours of operation are from 7am to 5pm Monday Friday with four employees and approximately two trucks per day for deliveries. This facility will not be open to the public and an employee parking area has been identified on the site plan. Water use and discharge on site is expected to be within the limits of their existing well and septic permits. Staff Comments: The subject property is one of the few sites zoned Commercial in unincorporated Routt County. This property historically has been used for commercial uses. As per the use chart included in the Zoning Regulations, there are several uses permitted by right for each zone district. Specifically, the Light Industrial land use proposed by the applicant is a use by right in the C zone district. When the Zone District Table in Section 4 created, the land use category of Light Industrial was determined to be an appropriate use in the Commercial zone district after review and approval of a site plan. No use permits are required for this use. Site plan review generally focuses on the layout design to ensure safe circulation and access for the use. As part of the review, staff focuses on the Site Design Standards for all uses in the Commercial and Industrial Zone Districts listed in Section 8.4 of the Regulations. Although a site plan was previously approved for the prior use, the change of use proposed from Retail to Light Industrial triggers a new review of the site plan. This is to ensure the proposed layout and changes, specifically but not limited to parking, are adequate for the new use. The previous use of this site was a retail establishment. Since the previous and proposed uses are permitted by right, a review of Chapter 6 of the Zoning Regulations is not applicable. Only a site review is required. Staff has provided a summary for your consideration. This is an existing previously developed site zoned Commercial, established in The proposed use will not be open to the public. The site has an access permit from CDOT for up to 20 DHV (design hourly volume) and the use is estimated to generate an average of two commercial truck visits or less per day. There is a delivery area that is separate from the parking area with ample parking for the four (4) proposed employees. As per section 5.4 Parking Standards, the proposed Light Industrial land use requires two (2) spaces per three (3) employees which is far less than the previous retail use of at one (1) space per three hundred (300) s.f. of floor space. Based on these factors, traffic impacts are expected to be low. An existing 6-foot wood fence screens the work/delivery and greenhouse area from Highway 40. There are existing permits for well and septic on site but the change of use could require amendments to those permits. A condition of approval is suggested to address the need to amend or require additional permits. Staff included General Condition 3 for your consideration: This approval is contingent upon the acquisition of and compliance with any required State and/or local permits. PC 05/18/2017 Page 2 of 15

3 The proposed use category under review is for a Light Industrial use-by-right in the Commercial Zone District. The proposed use is not cultivation and processing of Hemp, which is the type of business being proposed. There are several business types that fall under the land use category of Light Industrial that have a manufacturing/processing component. Manufacturing and processing of Industrial Hemp is an one of them. As such, the Site Plan review focuses on Chapter 5 and 8.4 of the Zoning Regulations. If the site plan is approved, it is approved for any type of business that fits within the land use category of Light Industrial. Compliance with the Routt County Master Plan, Sub Area Plans and Zoning Resolution The Routt County Master Plan, Sub Area plans and Zoning Resolution contain dozens of policies and regulations regarding land use. Section 5 of the regulations are designed to limit or eliminate conditions that could negatively impact the environment and/or use of surrounding properties, and shall apply in all Zone Districts and to all land uses unless otherwise noted. Section 6 Regulations apply to all Minor, Administrative, Conditional or Special uses allowed by permit only, PUD plans, Site plans, and Subdivisions. Section 6 The following checklist was developed by Planning Staff to highlight the policies and regulations most directly applicable to this petition. The checklist is divided into seven (7) major categories: 1. Health, Safety and Nuisances 2. Regulations and Standards 3. Community Character and Visual Issues 4. Roads, Transportation and Site Design 5. Natural Environment 6. Mitigation Interested parties are encouraged to review the Master Plan, Sub Area plans and Zoning Resolution to determine if there are other policies and regulations that may be applicable to the review of this petition. Staff Comments are included at the end of each section, highlighting items where the public, referral agencies, or planning staff have expressed questions and/or comments regarding the proposal. Staff comments regarding compliance with regulations and policies are noted in bold below. Public Health, Safety and Nuisances Applicable Regulations Routt County Zoning Resolution Every use shall be operated so that it does not pose a danger to public health, safety or welfare Every use shall be operated in conformance with all applicable federal, state and local regulations and standards. Failure to comply with any and all applicable federal, state and local regulations and standards may be cause for review and/or revocation of any Land Use Approval granted pursuant to these regulations. PC 05/18/2017 Page 3 of 15

4 8.4.4 Central sewage collection system that includes secondary treatment and disinfection facilities as approved by the Colorado Department of Public Health and the Environment and the local health authority are required for all new building and uses. Staff comments: Although the Light Industrial land use category is permitted as of right, permits and approvals from other agencies may be required for certain uses by right, for example a building permit is required for the proposed greenhouses. The site has an existing and permitted well and septic system on site. Referrals have been sent to all applicable permitting agencies and comments have been provided. Staff also included an approval is contingent upon any State and local permits being obtained and complied with; the operation shall comply with all state and local laws. Condition of Approval to address **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Regulations and Standards Applicable Regulations Routt County Zoning Resolution 5.2 Dimensional Standards: Applicable Policies Routt County Master Plan 5.3. A The County encourages the use of green building techniques that lead to the conservation of energy and overall reduction of pollution in our environment D Require Best Management Practices and grading plans and strongly discourage overlot grading. Staff comments: This is site is already developed, building existing with no grading proposed. Building permits will be required for the proposed greenhouses on site and will need to meet Best Management practices and required setbacks. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Community Character and Visual Concerns Applicable Regulations Routt County Zoning Resolution Outdoor storage of materials which might cause fumes, odors, dust, fire hazard, or health hazards is prohibited unless such storage is within enclosed containers or unless a determination is made that such use will not have a detrimental impact on the environment 5.9 Sign Standards A Compatibility with adjacent land uses (setbacks) C General conformance with setbacks on nearby commercial properties; unless such conformance is determined to be inappropriate due to particular characteristics of the site or the proposed use (setbacks) A General conformance with bulk and placement of surrounding buildings; unless such conformance is determined to be inappropriate due to particular characteristics of the site or the proposed use B Protection of visual amenities PC 05/18/2017 Page 4 of 15

5 C Style and character of all structures will be compatible with or complementary to existing structures and the surrounding area Landscaping including native plantings, berms, fencing, and street hardware (benches, lighting, bike racks, etc.) may be required for the protection of visual amenities, to provide screening for outdoor storage, parking or dumpster area, and/or to ensure compatibility with adjacent properties Applicable Policies Routt County Master Plan 5.3. F Routt County will continue to consider the impacts of development and uses on view corridors, water, wetland, and air E Routt County requires that all new developments do not contribute to light pollution. Staff comments: The commercial zoning of this property has been in place since 1976 and the building used for commercial enterprises. During the previous site plan review for the retail establishment (Bobcat dealership), many improvements to the property were completed to address visual concerns and promote safety. Improvements included, exterior/interior finishes, downcast and opaquely shielded exterior lighting, access improvements including relocation of the access point to the west side of the site, eliminating the east entrance, 8 parking spaces were provided to the west side of the building and landscaping was provided as well as visual screening to the east and west of the building with a 6-foot fence. New proposed signage will require a sign permit. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Roads, Transportation and Site Design Applicable Regulations Routt County Zoning Resolution 5.4 Parking Standards 5.5 Addressing Standards B Safe and convenient vehicular and pedestrian access, circulation, and parking D Ability to provide for adequate property maintenance including but not limited to: access to public utilities, snow removal and storage, and site/landscaping maintenance. Applicable Policies Routt County Master Plan 4.2. D Rural development and uses should be limited to areas that have adequate access to accommodate the projected traffic. Staff comments: The subject property is located on State Highway 40 and no new roads or access points are proposed as part of this application. The applicant will use the permitted access approved by CDOT for the prior use which was designed to promote safe access and safety. CDOT is not requiring any upgrades to their permit for the proposed use. There is parking for 8 vehicles identified on the site plan, more than required for the proposed use. The site has an existing address and will continue to comply with addressing standards. Deliveries are proposed on the west side of the building behind the designated parking area and behind the 6-foot fence so site circulation is adequate for the use. There are three (3) areas designated for snow storage in addition to area for PC 05/18/2017 Page 5 of 15

6 maintenance all behind the visual screening fenced areas on either side of the building. Specifically, two (2) on the east side adjacent to the slope of the property and another on the west side of the building at the rear of the site. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Natural Environment Applicable Regulations Routt County Zoning Resolution 5.10 Standards for Structures within Mapped Skylined Areas 5.11 Waterbody Setback Standards Applicable Policies Routt County Master Plan 5.3. E Routt County requires that all new developments do not contribute to light pollution. Staff Comment: There are no mapped wetlands on the property and the site is not located within a mapped sklyined area. As part of the previous exterior improvements, lighting is downcast and opaquely shielded to prevent light pollution. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the Site Plan Review request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is compatible with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with the Routt County Zoning Regulations and complies with the guidelines of the Routt County Master Plan. 2. Deny the Site Plan Review request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not compatible with the immediately adjacent and nearby neighborhood properties and uses and/or the proposed use is not in compliance with the Routt County Zoning Regulations and/or the Routt County Master Plan, Make specific findings of fact; cite specific regulations or policies by number from the Routt County Master Plan, and the Routt County Zoning Regulations. 3. Table the Site Plan Review request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the Site Plan Review request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or make the use compatible with immediately adjacent and neighborhood properties and uses and/or bring the proposal into compliance with the Routt County Zoning Regulations and Routt County Master Plan. FINDINGS OF FACT that may be appropriate if the Site Plan Review is approved: 1. The proposal with the following conditions meets the guidelines of the Routt County Master Plan and is in compliance with Sections 4, 5, and 8.4 of the Routt County Zoning Regulations. PC 05/18/2017 Page 6 of 15

7 CONDITIONS that may be appropriate may include the following: General Conditions: 1. The Site Plan approval is contingent upon compliance with the applicable provisions of the Routt County Zoning Regulations including but not limited to Sections 4, 5, and The Site Plan approval is limited to uses and facilities presented in the approved project plan. Any additional uses or facilities must be applied for in a new or amended application. 3. This approval is contingent upon the acquisition of and compliance with any required State and/or local permits. 4. In the event that Routt County commences an action to enforce or interpret this Site Plan approval, the substantially prevailing party shall be entitled to recover its costs in such action including, without limitation, attorney fees. 5. No junk, trash, or inoperative vehicles shall be stored on the property. 6. Fuel, flammable materials, or hazardous materials shall be kept in a safe area and shall be stored in accordance with state and local environmental requirements. 7. All exterior lighting shall be downcast and opaquely shielded. 8. Accessory structures/uses associated with this permit may be administratively approved by the Planning Director, without notice. 9. The approval shall not be issued until all fees have been paid in full. 10. The Permittee shall prevent the spread of weeds to surrounding lands, and comply with the Colorado Noxious Weed Act as amended in 2013 and Routt County noxious weed management plan. 11. The Site Plan Review is valid for the life of the use provided it is acted upon within one year of approval. This approval shall be deemed to have automatically lapsed if the uses permitted herein are discontinued for a period of one (1) year 12. Dumpsters shall be screened from view. 13. Outdoor storage may be permitted if adequately screened or fenced from adjoining roads or properties. 14. Dust, fumes, odors, refuse matter, smoke, vapor, noise and vibration shall be confined to the building in which such use is confined. 15. Access and parking areas shall be surfaced with asphalt, concrete or equivalent paving; however, where appropriate, the installation of porous pavement or other techniques to reduce runoff is encouraged. 16. New proposed signage will require a sign permit. 17. No use shall be permitted that required specialized construction to such a degree that it would preclude the reasonable conversion of the space to commercial use. PC 05/18/2017 Page 7 of 15

8 Hayden Industrial Hemp, LLC 1170 US Hwy 40, PO Box 1480 Hayden, CO Ph (970) New Business Application Overview March 21, 2017 Routt County, Colorado Planning Department PO Box Steamboat Springs, CO Ref: Property use for new business at Hwy 40 Hayden, CO Property Parcel # : Legal Description: TR FT X 150 FT X 391 FT X 150 FT IN SW4SE4 This is to submit our plan to cultivate and process industrial hemp in Routt County. Our planned new business location is 1170 US Hwy 40. (Approx. 1.7 miles East of Hayden) This business operation is for cultivating and processing industrial hemp plants inside our existing 5,600 SF metal building as well as to cultivate hemp plants on our property surrounding the building in (3) 4000 SF greenhouses. All of our hemp plants grown and processed will be approved by the State Of Colorado Dept of Agriculture permitting system. No hemp containing more than the legal limit of 0.3% THC will be grown or allowed onto the property. Our sales will be of bulk hemp fiber, resin concentrates, and consumer products. All processing equipment will be NSF certified and comply with all applicable NFPA and health codes. Although no new construction is planned for the interior building structure, we will apply for building permits for the outdoor greenhouses. Water use will be within to allotted limits of our existing onsite well. No watering or draining to the existing property soil is planned. Normal business hours are from 7 AM to 5 PM Monday - Friday Daily operations will be with less than 4 employees. There is plenty of parking space on the property and there will be an average of less than two commercial truck visits per day. Attachments : 1. Land Use Application Form 2. Vicinity Map 3. Property Plat 4. Plot Plan 5. Building Floorplan 6. Owner s Property Deed 7. Neighbor Address Labels Contacts : John Emery -Project and Production Manager (970) Tom Walsh -General Business Manager (970) PC 05/18/2017 Page 8 of 15

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