MEMORANDUM Archuleta County Development Services Planning Department 1122 HWY 84 P. O. Box 1507 Pagosa Springs, Colorado 81147 970-264-1390 Fax 970-264-3338 TO: Archuleta County Planning Commission FROM: John C. Shepard, AICP; Planning Manager DATE: November 15, 2017 (Continued from October 25, 2017) RE: At Your Disposal CUP Amendment, Lot 20, Village Service Commercial, at 128 Bastille Dr. (PLN17-208) EXECUTIVE SUMMARY At Your Disposal, represented by Russell Planning & Engineering of Durango, CO, has applied for a Conditional Use Permit (CUP) Amendment, for Lot 20, Village Service Commercial, at 128 Bastille Dr., Pagosa Springs, CO (PLN17-208). The property is owned by Mark A. and Katheryn M. Young, and is zoned Commercial (C). The proposal will relocate permitted Recycling under a roof structure and construct a 25 x50 shop building for the new owner of the solid waste and recycling business with outdoor storage, amending a Conditional Use Permit approved in 2015. Applicant has also made a concurrent request for Variance from requirements for paving access and parking, which will be heard by the Board of Adjustment. At their meeting on October 25, 2017, the Planning Commission tabled the public hearing to their next meeting on November 15 th to allow time to address drainage and site plan concerns. (Updates in red text.) REVIEW PROCEDURE Archuleta County Land Use Regulations Section 3.2.3 Conditional Use Permit (CUP) provides for Conditional Uses, which require review and evaluation with respect to their effects on surrounding properties and Archuleta County at large. The Planning Commission can recommend conditions to the Board of County Commissioners, according to the Review Criteria in Section 3.2.3.4. Public notice was scheduled to be published in the Pagosa Springs Sun, was posted on site, and mailed to adjacent property owners as required.
DISCUSSION At Your Disposal received a Conditional Use Permit in February 2015 to add recycling services and permit the waste collection business that was then in operation, with the condition that the driveway be maintained in conformity with the Archuleta County Road & Bridge Standards, and that the CUP shall not run with the property. The property included an existing office/shop building and paved parking lot. Since that time, the business has been leased to Eagle River Waste Services of Colorado, while Mark and Kathryn Young retain ownership of the property they purchased in 2011. The proposal will permit the addition of a 25 x50 shop building for truck maintenance and storage, add additional concrete paving, and construct a fabric roof structure to cover recycling activities. Existing office/shop building and paved parking lot. The Archuleta County Community Plan of 2001 provides guidance for future development. The Future Land Use Map considers this area as appropriate for Commercial and Light Industrial development. The Community Plan notes that citizens desire to strike a balance between accommodating development and preserving clean air and clean water. Chapter 8, Policy 3 includes an Action Item to Develop a more comprehensive, financially viable recycling program and promote it more aggressively. The 1.74-acre parcel is zoned Commercial (C) and is within the Pagosa Lakes Property Owners Association (PLPOA). Typically, solid waste collection is considered an Industrial Use that would be restricted to the Industrial (I) zone. However, Recycling Facility and Outdoor Storage are conditional uses in the Commercial (C) zone (see Table 3 in the Archuleta County Land Use Regulations). The definition of Recycling Facility (Section 11 of the Land Use Regulations) includes: preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning.
The existing building was constructed and parking lot paved prior to the 2015 CUP. Applicants are utilizing the entire Outdoor Storage area, including storing baled cardboard outdoors, and have already expanded recycling operations beyond the 15 x60 area approved on the Site Plan submitted with the 2015 CUP. Staff also found that garbage and tires were being stored on-site, in addition to trucks and refuse bins. Recycling Area and garbage being stored behind the solid wood fence. Non-conforming property lots, sites and uses that do not meet current land use standards may be maintained as they are, and are only required to make improvements when changed. Section 1.3.2 of the Land Use Regulations allows expansion of non-conforming structures that don t meet current height, setback or lot coverage requirements, but make no exceptions for other site development standards, nor does the section provide that only certain standards apply when redeveloping an existing site. Development Standards Site improvements must meet the Development Standards in Section 5 of the Land Use Regulations for Commercial development, including Sec 5.2 Environmental Standards, Sec 5.3 Infrastructure Standards and Sec 5.4 Site Development Standards. Sec 5.2.1.3 Water Quality Control states that the County shall require proof of CDPHE Federal Clean Water Act discharge permits as a condition of final approval of any development one (1) acre or larger in land area. This requirement was not addressed with the 2015 CUP review. Sec 5.3.4 Drainage System states Unless waived by the County Engineer, a professional engineer licensed in the State of Colorado will conduct a drainage study of the area to be developed and adjacent areas that affect the development. The County Engineer typically determines adequacy of drainage on a site historically (pre-development) and as developed. There is a history of drainage problems all along this block, although additional on-site drainage was deferred during the 2015 CUP review.
5.3.4.1 Onsite detention or retention facilities will be provided and will store the difference between the one hundred (100) year historic and one hundred (100) year developed storm runoff, and shall limit the rate of runoff from the site to the one hundred (100) year historic flow rate. NOTE: The Drainage Study and Drainage Plan were updated 11/03/17 Sec 5.4.1 Commercial Design applies to Commercial development. Exterior building material on all sides shall be high quality material. Exterior building material shall not include smooth-faced concrete block, aluminum or vinyl siding, or prefabricated steel panels. Sec 5.4.2 Industrial Performance. Outdoor Storage shall be enclosed by a fence, barn, landscaping, wall or other screening. An existing fence mostly screens the storage area in the rear from the right-of-way, but not from adjacent property. 5.4.2.7 Surface water shall be retained on site, or may be eliminated by a drainage system approved by Planning Commission and/or the Board of County Commissioners, in accordance with the regulations of the Colorado Department of Public Health and Environment and the U.S. Environmental Protection Agency All operations under this Section shall have an approved permit for non-point or point discharges from the Colorado Department of Public Health and Environment, Water Quality Control Division, if such permit is applicable to the use Sec 5.4.3 Landscape Requirements. A minimum of 15% of commercial sites shall be landscaped. Applicant s site plan calculates 26.4% of the site will be landscaped area after construction. The previous site plan designated a smaller landscaped area in the Outdoor Storage yard, which is currently protected with small rocks and boulders. It may be necessary to delineate the proposed landscaped areas similarly to conserve and protect vegetation. Sec 5.4.4 Outdoor Lighting. All fixtures shall be fully shielded with opaque or translucent shielding, except as provided in Sec. 5.4.4.4 for special situations. Sec 5.4.5 Parking. The existing parking area was previously paved but has not been striped. Nine parking spaces are shown on the revised site plan, plus the required ADA space the first space must be a larger Van space with appropriate signage. However, the actual paved area is much larger and currently people park ad hoc wherever they pull in. Commercial development must provide adequate off-street parking, but the standards are flexible. Applicant s narrative states that there are 10 employees, 8-5 Monday-Friday. Typically an industrial-type use will provide 1 space per employee per shift, which would indicate that parking is inadequate for employees before providing space for customers. However, employees also utilize the larger Outside Storage area for parking. If additional spaces are provided, parking lot landscaping would also be required (Sec 5.4.1.6). Applicants have requested a concurrent variance from requirements to pave the rear parking/storage area. Sec 5.4.7 Vision Clearance Area. A Sight Triangle shall be kept clear of obstructions at all intersections, including 10 along driveways, 30 on either side measured on the property line. Applicant s site plan measures the Sight Triangle on the edge of the road.
Archuleta County Road & Bridge Standards Site improvements must also meet the requirements of the Archuleta County Road & Bridge Standards. Access and parking design, and adequacy of drainage were central points of contention during public hearings for the 2015 CUP. As amended 5/2/2017, Section 27.0.5.1 states that New development shall be required to mitigate its proportionate share of the impacts of the proposed activity on the road or recreational path system. This section requires a development application to include information such as an analysis of projected 20-year traffic volumes, surface drainage and construction plans and specifications, prepared by a qualified Colorado Registered Professional Engineer. Apparently, no traffic projections of the waste management or recycling truck traffic were provided with the 2015 CUP application, nor with the current application. Section 27.1.3.3.D addresses Drainage: The primary objective of drainage design is protection of County roads and property while minimizing the possible flood damage to surrounding properties and structures. Last year, pavement was removed from a section of Bastille Drive adjacent to this property and only recently re-paved, due (at least in part) to runoff damaging the road. This is a direct expense to the County from inadequate on-site detention in the area. Section 27.1.7.3 provides Design Standards for Driveways and Section 27.1.7.4 provides Design Standards for Parking Areas. Driveways and Parking on lots with access on paved roads must be paved. While the current front parking lot is paved, there is no evidence the parking lot was designed to the Road & Bridge Standards for construction materials or drainage. The parking area is unstriped and larger than necessary for 10 parking spaces, and does not clearly meet the standards in Figure 27-14. Applicants have requested a paving Variance for the Outdoor Storage parking area at the rear to remain in gravel as it is currently. Applicant responded that retention or detention of stormwater as required would be impractical due to the previously developed structure and parking. However, neither the Land Use Regulations nor the Road & Bridge Standards provide a waiver for impractical situations if the site is impractical, it may not be a good site for this use. The standards clearly state that runoff shall be managed on-site. Following the Planning Commission s public hearing on 10/25/2017, Applicant contacted CDPHE to clarify storm water management requirements for this specific location (See Revised Narrative in Attachment A3). Applicant will apply for an Industrial Stormwater Permit, with a Stormwater Management Plan for the facility. Russell Planning & Engineering then updated the Drainage Study and Drainage Plan (11/03/17) adding a drainage pond behind the new garage structure. Nuisance Ordinance Archuleta County s Nuisance Ordinance No. 9-2008 states that, except as otherwise regulated by the State Solid Waste Disposal Sites and Facilities Act, outside storage of used tires is prohibited. The Nuisance Ordinance also requires vehicles stored on-site to have current license plates.
Conditional Use Permit Standards Section 3.2.3.3 of the Land Use Regulations provide that the Planning Commission & Board of County Commissions shall specifically consider whether the particular conditional use is dependent upon design, management or operational aspects such that it should be a personal grant of use to the owner of the conditional use and not a grant which transfers with the affected property A Conditional Use Permit might run with the land in perpetuity (the same as an Administrative Site Plan), depend on the personal assurance of the applicant, or be granted for a defined period. A personal or time-limited approval is typically considered where management is key to mitigating particularly difficult conditions of approval. Applicant has asked that this CUP approval convert the personal grant of approval to a perpetual approval to run with the land. The Planning Commission s review criteria in Section 3.2.3.4 include: (1) The relationship and impact of the use on the development objectives of Archuleta County. (2) The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities. (3) The effect of the use upon traffic, with particular reference to congestion, vehicular and pedestrian circulation, safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the roads, sidewalks and parking areas. (4) The effect of the use upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. (5) The adequacy of the design features of the site to accommodate the proposed use, including but not limited to accessibility, service areas, parking, loading, landscaping and buffering, lighting, etc. (6) The effect of the use upon the natural resources and wildlife habitat areas. (7) Such other factors and criteria as the Planning Commission and the Board of County Commissioners deems applicable to the proposed use. Finally, before acting on the application, the Planning Commission must make necessary findings under Section 3.2.3.5: (1) 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. (2) 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. (3) 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.
Applicant addresses the criteria and findings in their attached Narratives. No Two public comments have been received, one in support and one in opposition. This application and the concurrent paving Variance were referred to local utilities and regulatory agencies for review, as provided in Section 2.2.5. Comments received prior to preparation of this staff report include: County Engineering did not recommend approval of the project accepted the revised drainage design with detention pond. Engineering is concerned about the quantity of storm water runoff from a site with existing problems both upstream and downstream. (See attached review comments.) County Engineering also provided comments from the Colorado Department of Public Health & Environment (CDPHE). Applicants did complete required registration as a recycling facility after County review. CDPHE also requires registration and reporting under Colorado solid waste regulations, as well as industrial storm water permits. Stormwater from a solid waste facility must be retained on-site to prevent environmental contamination temporary detention of runoff is not sufficient for the State s standards. Pagosa Fire Protection District had no objections. PLPOA offered no objections to the concept plans. A Building Permit will be required, with plans at sufficient scale stamped by an Architect or PE. In summary, Applicants are proposing improvements to a site with a current Conditional Use Permit approved in 2015. Minor changes have been made to the existing constrained site that are not in conformance with the approved site plan, but the proposal will bring those into conformance. However, As revised, the site plan does not adequately retain stormwater runoff as required by Section 5.3.4 of the Archuleta County Land Use Regulations and Section 27.1.3.3.D of the Archuleta County Road & Bridge Standards. The application does not now clearly demonstrate compliance with CDPHE permits and requirements. Therefore, the proposal does not clearly meet CUP Review Criteria #4 for effect on the area, #5 for adequacy of the design, and #6 for effects on natural resources, due to the inadequacy of stormwater retention. RECOMMENDATION AND FINDINGS Based on evidence provided, the Applicants may NOT have clearly met the goals and objectives of the Land Use Regulations, and staff would recommend the Planning Commission find that: A. The application DOES NOT meet the review criteria for a Conditional Use Permit in Section 3.2.3.4 of the Archuleta County Land Use Regulations, and B. The application DOES NOT meets the required findings for a Conditional Use Permit in Section 3.2.3.5 of the Archuleta County Land Use Regulations, and
That the Planning Commission recommends dis-approval of the request for the At Your Disposal Conditional Use Permit (CUP) Amendment, on Lot 20, Village Service Commercial, at 128 Bastille Dr. However, If based on evidence provided, the Planning Commission CAN determine the Applicants have met the goals and objectives of the Land Use Regulations, then staff would recommend the Planning Commission find that: C. The application meets the review criteria for a Conditional Use Permit in Section 3.2.3.4 of the Archuleta County Land Use Regulations, and D. The application meets the required findings for a Conditional Use Permit in Section 3.2.3.5 of the Archuleta County Land Use Regulations, and That the Planning Commission recommend approval of the request for the At Your Disposal Conditional Use Permit (CUP) Amendment, on Lot 20, Village Service Commercial, at 128 Bastille Dr., with the following conditions: 1. The Conditional Use Permit shall run with the property. Any change of tenancy or ownership of the property shall be documented with a Change of Use or similar application the Planning Department. 2. Applicant shall submit proof all required permits have been approved by the Colorado Department of Public Health & Environment (CDPHE). 3. Siding on the new garage shall match the wood siding of the existing building. 4. Outdoor storage area shall be screened by opaque fencing on all sides. 5. Landscaped areas shall be separated from parking and storage areas by fencing, curbs or other markers to preserve natural vegetation. 6. Revise the site plan for a required ADA Van space and to show the Sight Triangle on the property line. The site plan shall be revised to provide sufficient on-site stormwater retention. 7. No tires may be stored outdoors, except as provided by the Nuisance Ordinance. 8. Prior to a request for Certificate of Occupancy, Applicant shall submit a signed and sealed letter from the drainage design engineer stating that the drainage and detention basin were built according to the submitted drainage plans and are working as intended. PROPOSED MOTION I move to recommend Dis-Approval to the Board of County Commissioners, of the request for the At Your Disposal CUP Amendment, with the Findings A and B, of the Staff Report. OR I move to recommend Approval to the Board of County Commissioners, of the request for the At Your Disposal CUP Amendment, with the Findings C and D, and conditions #1-8 of the Staff Report.
ATTACHMENTS. Attachment 1: Area Maps Attachment 2: Review & Public Comments (REVISED) Attachment 3: Applicant Narrative and Drainage (REVISED starting p.10) Attachment 4: Building Plans Attachment 5: Site Plan (REVISED)