ROUTT COUNTY PLANNING COMMISSION AGENDA. August 3, :00 PM

Transcription

1 ROUTT COUNTY PLANNING COMMISSION AGENDA August 3, :00 PM County Commissioners Hearing Room, Historic Courthouse 522 Lincoln Avenue, 3rd Floor, Steamboat Springs, Colorado Live audio is available by calling (970) CALL TO ORDER PUBLIC COMMENT Members of the public may address the Planning Commission on items not on the agenda. (Comments regarding items on the agenda will be taken during that agenda item.) APPROVAL OF MINUTES A. Minutes From May 18, 2017 Documents: pc-corrected.pdf 4. ITEMS FOR CONSIDERATION A. Caudle RV Repair Activity #: Petition: Applicant: Legal: Location: PL Special Use Permit for a RV repair shop as a Home Industry in the MDR zone district. Kyle Caudle Lots 12,12 1/2,13 & Part of vacated Pine St. & Part of vacated 1st Ave. Block 10 Milner South side of Milner; Pinon Trail Documents: Staff Report Caudle SUP pdf B. South Hunt Creek, LLC Hunting Operation Activity #: Petition: Applicant: Legal: Location: PL Conditional Use Permit for a Hunting/Fishing Facility with permanent lodging or staging areas associated with the use. South Hunt Creek Ranch, LLC Lands generally included in Sections 11, 14 & total 320A, owned by South Hunt Creek Ranch, LLC and lands leased in Sec 10 & total 320A County Road 13, Northwest of Yampa. Documents: P-Staff Report CUP 8_3_17 doc.pdf C. Dougherty Conceptual PUD

2 Activity #: Petition: Applicant: Legal: Location: PL Conceptual Planned Unit Development PUD for Commercial/Industrial Uses on a 5-acre parcel. Yampa Valley Engineering 5 acre Tract in SE4SW4 Section Dougherty Road, south of Steamboat Springs Documents: P-Staff Report PUD Conc 8_3_17.pdf ADMINISTRATOR'S REPORT Administrator's Report may include the reading of future Planning Commission agendas and recent Board of County Commissioner decisions. ADJOURNMENT WiFi access is available in the Hearing Room, and agenda packets can be accessed at All programs, services and activities of Routt County are operated in compliance with the Americans with Disabilities Act. If you need a special accommodation as a result of a disability, please call the Commissioners Office at (970) to assure that we can meet your needs. Please notify us of your request as soon as possible prior to the scheduled event. Routt County uses the Relay Colorado service. Dial 711 or TDD (970)

3 ROUTT COUNTY PLANNING COMMISSION MINUTES MAY 18, 2017 The regular meeting of the Routt County Planning Commission was called to order at 6:00 p.m. with the following members present: Acting Chairman Troy Brookshire and Commissioners Paul Hebert, Roberta Marshall, Bill Norris, Brian Arel, Andrew Benjamin, Peter Flint, Geoff Petis and John Merrill. Commissioners Steve Warnke and Karl Koehler were absent. Planning Director Chad Phillips and Assistant Planning Director Kristy Winser also attended. Sarah Katherman prepared the minutes from a recording of the meeting. PUBLIC COMMENT There was no public comment. MINUTES April 6, 2017 Commissioner Benjamin moved to approve the minutes of the April 6, 2017 Routt County Planning Commission meeting, as written. Commissioner Arel seconded the motion. The motion carried 9 0. MINUTES April 20, 2017 Commissioner Marshall asked about the motion on the CR 18C vacation, and whether it had mentioned the weir. Ms. Katherman clarified that although there had been discussion of the weir, Commissioner Brookshire s motion had simply referenced the previous motion by Planning Commission when a portion of CR 18C had been recommended for vacation. Commissioner Norris moved to approve the minutes of the April 20, 2017 Routt County Planning Commission meeting, as written. Commissioner Hebert seconded the motion. The motion carried 9 0. ACTIVITY: PI (Consent Agenda) PETITIONER: Routt County PETITION: Consideration of signing the resolution adopting the Stagecoach Community Plan LOCATION: County-wide MOTION Commissioner Arel moved authorize the Chairman to sign the resolution adopting the Stagecoach Community Plan. Commissioner Norris seconded the motion. The motion carried 9 0, with the Chair voting yes. ACTIVITY: PL

4 R.C.P.C. MINUTES May 18, 2017 PETITIONER: John Emery, Hayden Hemp, LLC PETITION: Site Plan Review for a Light Industrial Use LOCATION: 1.5 miles east of the Town of Hayden Commissioner Merrill disclosed that he is a close neighbor to the site. He said that he had no financial relationship with the petitioner and had not discussed the application with his neighbors or the applicant. Mr. John Emery stated that he proposes to use the existing building and proposed greenhouses as a nursery for hemp plants and as a hemp processing facility. He explained that the reason for indoor cultivation is to control the cultivars of the hemp plant. He stated that hemp production is a re-emerging industry, and one this is being strongly promoted by the Colorado Department of Agriculture. Mr. Emery said that although the current proposal is limited to indoor growing, the next step would be to cultivate hemp outdoors. In response to a question from Commissioner Flint, Mr. Emery explained the medicinal uses of hemp oil. He said that although the current proposal is limited to the extraction of hemp oil from the plants, there are many other uses for industrial hemp, including fiber for clothing and other products, and hemp seed as a source of protein. He said that these additional products may be developed in the future in association with outdoor growing. Mr. Emery stated that the proposal is to work only with hemp, which has very low THC content. Commissioner Norris asked whether the facility would generate strong odors, like the indoor marijuana facilities. Mr. Emery said that the plants do produce an aroma, but offered that the proposed site is fairly remote and that he did not think it would be an issue. He said that he would be willing to employ mitigation measures, if needed, to control the odor if it becomes a problem to anyone. Commissioner Merrill asked about security at the site. Mr. Tom Walsh, the property owner, said that security people are in place at this time. He said the site would have 24-hr. security on site in three shifts, in addition to cameras and lighting. Mr. Walsh explained that although hemp is not marijuana, the general public may not understand the distinction. He added that the security is also to protect the significant investment being put into the cultivation facility. Mr. Emery added that there is also a concern with cross-pollination, and that it was important to protect the integrity of the cultivars. Chairman Brookshire asked what types of trucks would be visiting the site. Mr. Emery said that the trucks would be UPS or USPS delivery trucks. He added that there may also be a load of soil delivered occasionally. Commissioner Marshall asked about the construction of the greenhouses. Mr. Emery said that the greenhouses would be steel frame structures with polycarbonate covering. Mr. Walsh noted that several farmers and ranchers around Routt County had expressed interest in working with Hayden Hemp and had offered land for outdoor hemp production. Outdoor growing is not currently being proposed. 2

5 R.C.P.C. MINUTES May 18, 2017 Commissioner Petis asked about the interplay of federal and state law regarding hemp production. Mr. Emery said that the US Department of Agricultural and the Colorado Department of Agriculture (as well as other states departments) are both promoting hemp production, and that they are currently working on clarifying any conflicts with the FDA, DEA and the USDA. He emphasized that the THC content of the hemp plants will be well below the legal limit of 0.3%, and therefore not subject to federal marijuana laws. He said that the facility will comply with all state and federal laws. Mr. Emery noted that other hemp growing operations around the country had encountered no legal issues. The THC content is monitored by the states. He added that states see the big picture of the benefits of hemp fiber, seed and oil. Commissioner Arel asked about the access to the site off of Hwy 40. Mr. Walsh stated that there is a single access off Hwy 40. He said that in 2008 the Colorado Department of Transportation had closed the eastern most access point to the site and had placed boulders to ensure that it is not used. Commissioner Petis asked about retail sales. Mr. Emery said that there would be no retail sales. He said they would be selling their products wholesale and by direct internet sales. Commissioner Petis asked about fire suppression. Mr. Walsh said that the site would be inspected by the West Routt Fire Protection District (WRFPD) Chief, who would identify locations for fire extinguishers. He noted that the building is metal. Mr. Walsh noted that some neighbors had expressed concern regarding water use. He said that the proposed operation would use approximately 25% of the amount of water used by the Bobcat dealership that formerly occupied the site. Mr. Emery said that the change of use for the well permit had been submitted to the Division of Water Resources, which had responded that it all looks in order. Ms. Winser stated that the application is for a Site Plan Review. She reviewed that the property is zoned Commercial and the proposed operation is a use-by-right in the Commercial zone district. She noted that the Site Plan Review was triggered by the change of use from retail to light industrial. She said that the business being proposed is industrial hemp production and processing, but that if the Site Plan Review is approved, any light industrial use would be allowed on the site without further review. She stated that the access, the well and the septic system had all been approved for commercial use, and there is no indication that the proposed use would be more intensive than the previous use. She added that if needed, the well permit could be upgraded without the need for an augmentation plan because the area is not over-appropriated. Ms. Winser reviewed the suggested conditions of approval. She said she had added a suggested condition regarding toxic or flammable materials to address any concerns regarding butane that may be used in the extraction process. She noted that final approval of the Site Plan review cannot be issued until the WRFPD Chief has toured and signed off on the proposal. Ms. Winser stated that hemp cultivation is reviewed and regulated by the state. She offered that suggested condition of approval #3 covers this issue. Ms. Winser stated that a Site Plan Review is primarily about site design, parking, access, circulation, etc. Mr. Walsh noted that the fencing had 3

6 R.C.P.C. MINUTES May 18, 2017 been improperly installed, and would be rebuilt. He also stated that they had contracted with a third-party to address weeds, mowing and other site work. Ms. Winser reviewed the site, the circulation pattern and the parking, all of which are adequate for the proposed use. She noted that the parking requirements for this use are significantly less than for the previous retail operation on the site. Commissioner Arel asked for a clarification of Condition #16 regarding the surfaces of the site. Ms. Winser clarified that this a standard condition for a Site Plan Review. She said that no change is being proposed from the current conditions, but that the existing surfaces would need to be maintained. She reviewed photographs of the site and indicated the locations of the parking, the proposed greenhouses, the delivery area, etc. Commissioner Flint expressed concern regarding light pollution from the greenhouses. Mr. Phillips reviewed the regulation that all exterior lighting must be downcast and opaquely shielded. He stated that the regulation is specific to the source and does not address reflected light. Public Comment Ms. Tegan Anderson, an adjacent property owner to the east, expressed concern with water usage and the possibility that the well would need to be upgraded. She also expressed concern with the use of chemicals, and any run-off from the site. She added that she is concerned with the need for 24-hour security, and the possibility of odors and light pollution. Ms. Anderson said that although this is a rural area, it is also a neighborhood. She asked for consideration regarding any potential impacts on the neighbors. Ms. Deb Watson, who lives just north of CR 69, asked about extraction and signage. Mr. Emery said that extraction would be done on-site, and that only signage supported by the community would be installed. He offered that signage might help to educate the community regarding the distinction between hemp and marijuana. Ms. Watson asked if supplemental grow lighting would be employed in the greenhouses. Mr. Emery said that they had no plan to install supplemental lighting at this time, but that if they did a shading system would be employed. Ms. Deanna Sweetser expressed concern with odors and with chemicals being discharged into the drainage. Mr. Emery said that if odor became a problem, it could be easily addressed. Mr. Frank Watson, an adjacent property owner, asked if vent fans would be used and expressed concern with noise. Mr. Emery said that fans would be used when it was hot, and but that they would not be needed at night. He said that he believes the operation will be a good neighbor. Seeing no further comment, Chairman Brookshire closed public comment. Chairman Brookshire asked the petitioner to address the comments regarding noise, odor, lighting, chemical usage and run-off. 4

7 R.C.P.C. MINUTES May 18, 2017 Mr. Walsh said that the only chemical used on site would be John Deere Cleaning Fluid to wash the floor. The cleaning fluid is EPA and septic approved. Mr. Emery stated that the plants require a clean, sterile, chemical-free environment. He said that greenhouses would be used as a nursery and would not contain many large plants. He added that the odor from the plants would be much less than from marijuana, which is allowed to mature to full buds. Mr. Emery said that an air filtration system will be used that doesn t emit any smell. He said that there would not be outside drainage from the facility, as the wastewater would be re-used in compost. Regarding noise, he said that he would install fans with quiet motors. He reiterated that the fans would only be used when it was hot in the greenhouses. Mr. Phillips reviewed that noise is regulated by state statute. He said that unless there is a violation, requiring an operator to install additional noise mitigation can only be done when a use permit is required. This is a use-by-right. Regarding extraction, Mr. Emery said that he would not be using butane. He said that he prefers less invasive techniques, such as water and alcohol. He said extraction can also be done with CO2, but that doing so was expensive and unnecessary. Regarding lighting, he said that only properly shielded and strategically placed security lighting would be used. Any lighting within the greenhouses would be shaded. Chairman Brookshire asked about snow storage. Mr. Emery described the snow storage areas on the sides of the building. He added that Greenhouse #1 might not be built, so there may be a lot of additional room on the site. He indicated the areas that would be plowed. Mr. Walsh stated that the property generally drains into the drainage ditch along US 40. Ms. Winser said that the porous surfaces across much of the site would help to reduce run-off. Commissioner Flint asked about disposal of wastewater from the extraction process. Mr. Emery said that the wastewater is recycled through compost. He said that the system conserves water and is self-contained. Ms. Winser noted that she had also added Section 8.5 of the Zoning Regulations to Condition #1. She said that suggested Conditions #12 #18 address the regulations contained in Section 8.5. Commissioner Flint asked about recourse if there are complaints about the operation. Ms. Winser said that the County would work with the operator on mitigation and best practices to resolve the issue. Mr. Phillip said that staff would first determine if there was a violation of a regulation. Mr. Phillips noted Condition #15. He reviewed the history of marijuana cultivation in Routt County. He said that after Hayden Hemp had received its permit from the state, he had discussed hemp production with the Board of Commissioners, who said that growing hemp would be considered agriculture. The processing of the hemp, however, is industrial, and the change of use is subject to a Site Plan Review, so the impacts of operations on the site would come under the regulations included in Section 8. If there are complaints, the Planning Department will follow-up with the operator. Mr. Emery noted that hemp is Cannabis sativa, and much milder and sweeter smelling than Cannabis indica, which has a stronger, skunky smell. MOTION 5

8 R.C.P.C. MINUTES May 18, 2017 Commissioner Norris moved to approve the Site Plan Review with the findings of fact that the proposal, with the following conditions, meets the guidelines of the Routt County Master Plan and is in compliance with Sections 4, 5, 8.4 and 8.5 of the Routt County Zoning Regulations. This approval is subject to the following 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, 8.4 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. No toxic of flammable materials shall be stored within the permitted area unless approved by the Regional Building Department, local fire district, and Routt County Department of Environmental Health. 5. 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. 6. No junk, trash, or inoperative vehicles shall be stored on the property. 7. 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. 8. All exterior lighting shall be downcast and opaquely shielded. 9. Accessory structures/uses associated with this permit may be administratively approved by the Planning Director, without notice. 10. The approval shall not be issued until all fees have been paid in full. 11. 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. 12. 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. 13. Dumpsters shall be screened from view. 14. Outdoor storage may be permitted if adequately screened or fenced from adjoining roads or properties. 15. Dust, fumes, odors, refuse matter, smoke, vapor, noise and vibration shall be confined to the building in which such use is confined. 6

9 R.C.P.C. MINUTES May 18, 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. 17. New proposed signage will require a sign permit. 18. 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. Commissioner Arel seconded the motion. The motion carried 9 0, with the Chair voting yes. ADMINISTRATOR S REPORT Mr. Phillips reviewed the upcoming agendas. Mr. Phillips said that there was little to report regarding recent Board of County Commissioners decisions. He said they would be considering the vacation of CR 18C on Tuesday. The meeting was adjourned at 7:15 p.m. 7

10 ACTIVITY #: PL Caudle RV Repair Special Use Permit HEARING DATES: Planning Commission: 8/3/17 at 6:00pm Board of County Commissioners: 8/29/17 at 1:30 pm PETITIONER: PETITION: LEGAL: LOCATION: ZONE DISTRICT: AREA: STAFF CONTACT: Kyle Caudle Special Use Permit for a Auto Service Station or Garage as a Home Industry Lots 12,12 1/2,13 & Part of vacated Pine St. & Part of vacated 1st Ave. Block 10 Milner south side of Milner; Pinon Trail Medium Density Residential (MDR).77 acres Alan Goldich, agoldich@co.routt.co.us ATTACHMENTS: Narrative Vicinity map Referral Agency comments Public comments Site Pictures Site Plan History: This application is the result of a code enforcement case. On March 16, 2017, staff received a compliant from a neighbor about the use that was taking place on the site. Staff started the code enforcement case and sent the first letter to the landowner, Park Blevins. Staff received a call from Kyle Caudle responding to the letter. Kyle is the tenant of the property and it is his business that prompted the complaint. Kyle has a long term lease with Park Blevins with the option to purchase the property. Planning and Environmental Health staff conducted a site visit to determine if a violation was taking place on the site. After reviewing the Home Occupation and Home Industry standards in the zoning regulations, staff determined that the use did not meet the definition of Home Occupation and that a SUP for a Home Industry or Auto Service Station or Garage needed to be obtained. Both of these uses are allowed in the MDR zone district. Mr. Caudle submitted an application to bring his business into compliance with the zoning regulations. 1 of 22

11 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit Prior to the applicant being the tenant, the owner was the resident. The landowner is the owner of American Towing. Staff was told that he ran this business out of this residence with vehicles coming and going. Site Description: The site is located on the southern portion of Milner, at the end of Pinion Trail, which dead ends at the subject property and the neighboring property. Pinion Trail comes off of CR 179. There is a residence on the property that is located in the north central portion of the property. There are two units in the residence. The zoning and size of this property allows two units to be onsite. To the northeast of the residence is the applicant s workshop. This is the structure that he uses to repair and restore RVs. To the southwest of the residence are three structures, all of which are used for personal storage. To the west of all of the structures are concrete parking areas. All of this is illustrated on the attached site plan. There is an irrigation ditch on the southern property line. The entire site is fenced. The interior of the site cannot be seen from the highway or any County Roads. Project Description: The applicant would like to use the property and the structures on the property to repair and restore RVs. The applicant has stated that he averages 3 customers per week at the site, with a maximum of 5 per week. He has stated that a maximum of 2 customer RVs and 2 personal RVs will be on-site at a time. He owns three mobile service vehicles, all of which are stored onsite. The applicant also stated that a privacy fence will be installed to help shield views onto the site. He is not requesting the allowance of a sign. Staff Comments: The neighbor has stated that customers live in their RVs while they are being worked on. He also stated that there are people living in the garage labeled Personal Storage on the site plan. Staff has been unable to confirm this, but a condition of approval has been suggested stating that no one is permitted to occupy any RVs that are being worked on or any of the accessory structures on-site. ***Issues for Discussion*** 1. Is this use appropriate for this site? 2. Does this use fit in with the character of the neighborhood? 3. Is the possibility of well contamination from the use likely? If so, does a condition of approval need to be included requiring the applicant to test nearby wells? If not, condition of approval #18 needs to be removed. 4. Is the proposal in compliance with the parking standards found in section 5.4? 5. Planning Commission will need to determine if the application is in compliance with Master Plan policies 3.3.A, 3.3.E, 4.3.B, 5.3.B. 6. Planning Commission will need to determine if the application is in compliance with Zoning Regulations 6.1.2, E,G,K,N. Please see the staff comments below. Routt County Planning Department 2 of 22

12 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit 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. 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 six (6) 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 C H I L M Natural Hazards Wildland Fire Noise Odors Vibration Routt County Planning Department 3 of 22

13 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit Applicable Policies Routt County Master Plan 4.3.I Routt County encourages adjoining property owners to work together for proposed land use changes. Staff comments: Planning Commission will have to determine if this use poses a danger to public health, safety, or welfare. The standard condition of approval addressing compliance with all applicable federal, state, and local laws and regulations is suggested. There are no mapped natural hazards on the site. The mapped wildfire danger in this location is moderate on south/southwest aspects. Steamboat Rural Fire s comments were limited to compliance with the 2009 International Fire Code. Please see their comments. Conditions of approval addressing these comments are suggested. The neighbor has stated that there are noise impacts associated with this operation. If this application is approved, hours of operation are suggested as part of a condition of approval. To the best of staff s knowledge, no impacts from odors or vibration are anticipated. This application is the result of code enforcement case filed by a nieghbor. The neighbor has submitted comments which are attached. **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: The proposal shall be consistent with applicable Master Plans and sub-area plans The proposal shall meet or exceed accepted industry standards and Best Management Practices (BMP s). Staff comments: This lot is in compliance with the dimensional standards. Planning Commission will need to determine compliance with the Routt County Master Plan. A condition requiring the use of best management practices is suggested. **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 Outdoor Lighting: The proposal shall comply with the Outdoor Lighting Standards in Section 6.3 of these Regulations. Routt County Planning Department 4 of 22

14 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit G K O Visual Amenities and Scenic Qualities. Land Use Compatibility. Historical Significance. Applicable Policies Routt County Master Plan 3.3.A 3.3.E 4.3.A 4.3.B 5.3.E 5.3.F New residential, commercial and industrial developments and uses should occur within the vicinity of designated growth centers and in compliance with the adopted comprehensive plans of those areas. Without further study (sub-area plans), Routt County will only consider minor expansions and use permits in Phippsburg and Milner if the community need, infrastructure, services, and conformance with the Master Plan, zoning and subdivision regulations are proven to exist. All new urban-type developments and appropriate uses are encouraged to occur within designated Growth Centers. Use Permits that significantly alter the historical use, intensity of use, or character of an area may be deemed incompatible with this plan. Routt County requires that all new developments do not contribute to light pollution. Routt County will continue to consider the impacts of development and uses on view corridors, water, wetland, and air. Staff comments: Environmental Health s comments center around the proper handling of hazardous and/or potentially hazardous wastes. The applicant has stated that none of his work involves the removal of fluids from vehicles. When staff was on-site, there were two 5-gallon buckets that contained fluids. The applicant stated that those fluids were from his personal vehicles. A condition of approval is suggested requiring that spill control kits be kept on-site to help contain any fluids that may get spilled. The applicant has stated that most of his work takes place off-site but that sometimes he does invite customers to the site for work that cannot be completed in the field. The only customers that come to the site are invited. This site is not advertised and no sign has been requested. If a sign is desired, then a permit for the sign will have to be obtained. The standard condition addressing downcast and opaquely shielded lighting is suggested. Although the site is not visible from the highway or any County Roads, it is visible from neighboring properties. The applicant has stated that, if approved, he will construct a fence on his property line to shield the operation from the neighbor. A condition of approval requiring this is suggested. Staff has been told by the applicant and the neighbor that there are multiple Home Occupations taking place in Milner. Staff drove around Milner to see if any of these operations were visible in order to determine if this use would fit with the character of the area. Staff did not notice any activity in Milner that appeared to be an auto repair garage, a Home Industry, or a Home Occupation. Staff did observe multiple properties that had RVs on them. Very few had more than one. The property owned by the neighbor who filed the complaint was used as an auto repair garage at one time. The neighbor said that when he moved in he had to remove two vehicle lifts from the garage that had been installed by the Routt County Planning Department 5 of 22

15 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit previous landowner. No record of a zoning complaint regarding the neighbor s property is in our system. Milner is not identified in the Master Plan as being a growth center, however, it is an area that appers to be a town. Planning Commission will have to determine compliance with policy 3.3.A of the Master Plan. Planning Commission will need to determine compliance with 3.3.E as well. Milner is on a central sewage collection system but each residence is served by an individual water well. The neighbor has expressed concern with the potential of well contamination if this application is approved. Compliance with 4.3.B will also need to be determined. **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 Required Parking Spaces Automobile Service Station: 3 spaces/service bay Duplex: 2 spaces/dwelling unit Credit for Multiple-Use Parking Facilities and/or Mixed Use Developments Where a single parking facility serves more than one use, is for a mixed use development, or where employee units are provided, and where evidence is presented that the uses do not normally overlap and no substantial conflicts will result from the parking reduction, the total parking requirement for all uses may be reduced up to 20% based on a site-specific review. 5.5 Addressing Standards 5.6 Access to Buildable Lot Standards Public Road Use Performance Standards: The proposal shall comply with the Public Road Use Performance Standards in Section 6.2 of these Regulations A B N Public Roads, Services and Infrastructure Road Capacity, traffic, and traffic safety Snow Storage Applicable Policies Routt County Master Plan 4.3.D Rural developments and uses should be limited to areas that have adequate access to accommodate the projected traffic. Staff comments: There are six parking spaces identified on the site plan. Based on the requirements listed above, seven should be provided. Since the owner of the operation also lives on-site, it could be argued that one of the spaces could serve both the residential use and the commercial use. Planning Commission will have to determine how many spaces should be required and if the number of spaces that has been identified is in compliance with that standard. Routt County Planning Department 6 of 22

16 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit GIS (who handles addressing) stated that the existing residence has an address and that the building used for this operation will need to have an address assigned to it. This lot is accessed off of Pinion Trail and is in compliance with the Access to Buildable Lot standards. A portion of Pinion Trail is paved and the rest is gravel. It is not maintained by the County. It is a narrow alley that serves this lot and the property to the north. The applicant stated that on average he has 3 customers come to his site per week. He said that a maximum of 5 per week could come to the site. Because only invited customers come to the site, traffic should be minimal. It appears that the County Road (CR 179) can handle the traffic that would be associated with this use. The typical Road & Bridge conditions are suggested. Staff has been informed that snow storage on the site is tight. The neighbor has stated that in the past, snow has been plowed onto his property. Local standards require that snow stay on-site and not be plowed onto another property. A condition of approval is suggested that would require all plowed snow to be stored on the permitted property. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Natural Environment Applicable Regulations Routt County Zoning Resolution 5.11 Waterbody Setback Standards D Wildlife and Wildlife Habitat E Water Quality and Quantity F Air Quality J Wetlands P Reclamation and Restoration Q Noxious Weeds. Applicable Policies Routt County Master Plan 5.3.B While respecting private property rights, the County will not approve development applications or special use permits that would lead to the degradation of the environment without proper mitigation that would bring the proposal into compliance with the Master Plan, appropriate sub-area plans, Zoning Resolution, and Subdivision Regulations. Staff comments: There are no waterbodies in the vicinity of the site. The only mapped wildlife habitat on-site is production area/winter range of colombian sharp tailed grouse. All of the residences in Milner are on individual wells. The neighbor has expressed concern with the possibility of wells being contaminated by this use. The Yampa river is approximately 1,600 south of the site. Staff believes that the groundwater flow for this area is from the north, to the south, towards the river. This site is on the very southern end of Milner, therefore it is staff s opinion that the chances of well contamination are minimal, however a condition of approval is suggested requiring spill containment and testing of nearby water wells. Routt County Planning Department 7 of 22

17 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit It is not anticipated that impacts to air quality would result from this operation. There are no wetlands located on-site. Since no new structures or disturbance is proposed, reclamation conditions are not necessary. The standard condition requiring control of weeds is suggested. Planning Commission will need to determine compliance with policy 5.3.B. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Mitigation Techniques Applicable Regulations Routt County Zoning Resolution Mitigation Techniques to Reduce Water Quality and Quantity Impacts: 6.7.E 6.7.G Test nearby water wells, with the landowner s permission, to ensure the operation is not negatively affecting water quality or flow. Avoid sites that would present a high probability of surface or ground water pollution. Mitigation Techniques to Reduce Noise Impacts: 6.10.A 6.10.B 6.10.F 6.10.J 6.10.R Limit hours of operation. Limit hours and days of equipment operation to reduce noise effects to adjacent or nearby residents. Use landscaping to muffle or redirect sound including berms, fencing, soil stockpiles, or vegetation. Place the operation a sufficient distance from residences, commercial areas, and recreation areas to minimize noise impacts to those areas. Limit traffic generation and/or provide customer shuttles. Mitigation Techniques to Reduce Impacts to Residential and Recreational Uses: 6.13.C 6.13.E Practice continued mitigation of noise, dust, and other environmental impacts. Limit traffic generation and/or provide customer shuttles. Staff comments: If Planning Commission determines that the possibility of well contamination is likely, then it could require the applicant to test nearby wells, or it could deny the application based on 6.7.G. A condition of approval requiring testing is suggested. It should be removed if Planning Commission determines that the possibility of well contamination is unlikely. A condition of approval is suggested that would limit the hours of operation. A condition of approval requiring some type of buffer (landscaping or fencing) could also be required. The operation cannot be located further away from neighboring residences based on the existing layout and development pattern of Milner. The applicant has stated that traffic generation should be minimal since the only customers that come to the site are invited by him. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Routt County Planning Department 8 of 22

18 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the Special Use Permit 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 Special Use Permit 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 Special Use Permit request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the Special Use Permit 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 Special Use Permit is approved: 1. The proposal with the following conditions meets the applicable guidelines of the Routt County Master Plan and is in compliance with Sections 4, 5, and 6 of the Routt County Zoning Regulations. CONDITIONS that may be appropriate may include the following: General Conditions: 1. The SUP is contingent upon compliance with the applicable provisions of the Routt County Zoning Regulations including but not limited to Sections 4, 5, and The SUP 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. Any complaints or concerns which may arise from this operation may be cause for review of the SUP, at any time, and amendment or addition of conditions, or revocation of the permit if necessary. 4. In the event that Routt County commences an action to enforce or interpret this SUP, 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. This approval is contingent upon any required federal, state and local permits being obtained and complied with; the operation shall comply with all federal, state and local laws. Copies of permits or letters of approval shall be submitted to the Routt County Planning Department prior to operations. 7. 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. Routt County Planning Department 9 of 22

19 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit 8. All exterior lighting shall be downcast and opaquely shielded. 9. Prior to the issuance of the permit, the Permittee shall provide evidence of liability insurance in the amount of no less than $1,000,000 per occurrence. Routt County shall be named as an additional insured on the policy. Permittee shall notify Routt County Planning Department of an claims made against the policy. Certificate of liability insurance shall include all permit numbers associated with the activity. 10. Accessory structures/uses associated with this permit may be administratively approved by the Planning Director, without notice. 11. The permits/approval shall not be issued until all fees have been paid in full. Failure to pay fees may result in revocation of this permit. Permits/Approvals that require an ongoing review will be assessed an Annual Fee. Additional fees for mitigation monitoring will be charged on an hourly basis for staff time required to review and/or implement conditions of approval. 12. Transfer of this SUP may occur only after a statement has been filed with the Planning Director by the transferee guaranteeing that they will comply with the terms and conditions of the permit. If transferee is not the landowner of the permitted area, Transferee shall submit written consent to the transfer by the landowner. Failure to receive approval for the transfer shall constitute sufficient sause for revocation of the permit if the subject property is transferred. Bonds, insurance certificates or other security required in the permit shall also be filed with the Planning Director by the transferee to assure the work will be completed as specified. Any proposal to change the terms and conditions of a permit shall require a new permit. 13. 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. Specific Conditions: 14. The Special Use Permit (SUP) is valid for the three (3) years provided it is acted upon within one year of approval. The SUP shall be deemed to have automatically lapsed if the uses permitted herein are discontinued for a period of one (1) year. 15. The approved project plan includes: RV repair operations taking place in the workshop Maximum number of RVs allowed on site is 4 Maximum number of work vehicles associated with the operation is 3 Hours of operation are 7 a.m. to 7 p.m Days of operation are 5 days per week, Monday through Friday Customer visits are limited to 5 per week 16. The permittee shall employ best management practices to ensure that impacts from the operation are as minimal as possible. 17. Hazardous and potentially hazardous wastes shall be handled properly. Used batteries shall be stored off of the ground. Storage areas for paints, solvents, and used oils shall be store in an area that provides secondary containment. 18. To the maximum extent possible, no vehicle fluids shall be removed or replaced in connection with the permitted operation. Spill cleanup materials such as absorbent pads and/or granular clay shall be kept on site to help contain any spills. Routt County Planning Department 10 of 22

20 PC 8/3/17 BCC 8/29/17 Activity # PL Caudle RV Repair Special Use Permit 19. As long as the landowner consents, permittee shall test wells within 100 of the property lines. 20. Permittee shall keep the storage of hazardous materials like flammable gases and liquids listed in the 2009 International Fire Code, Table (1) under the allowable limits to be considered a S-1 occupancy repair garage. 21. Fire extinguishers per section 906 of the 2009 International Fire Code shall be stored onsite. 22. A fence shall be installed along the property line to shield views from off-site. The fence shall be installed by November 1, No signs are allowed. 24. None of the accessory structures, nor any of the RVs, on-site shall be occupied as a residence or temporary living accommodations. 25. All plowed snow shall not be plowed onto any other property or County right of way. 26. Routt County has the authority to close any county road at its sole discretion if damage to the road may occur by its use. To the extent that a road closure may affect Permittee s operations, Routt County will cooperate with Permittee to allow operations to be continued in a safe and practicable stopping point. 27. Routt County roads shall not be completely blocked at any time. If traffic regulation is deemed necessary, the Permittee shall notify the Routt County Road and Bridge Director, or designee thereof, in advance (if possible), who may then require: a. A method of handing traffic in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Road and Bridge Director. 28. Routt County roads affected by this SUP will be inspected by the Routt County Road and Bridge Department at intervals determined by same. Any road damage repair or maintenance needs above and beyond typical maintenance, attributable to this use, shall be made by the County, or a third-party contractor as selected by the Routt County Road and Bridge Department and on a schedule determined by same. Road and Bridge shall inform permittee of such maintenance or repair activities prior to work being performed. Permittee shall solely bear the costs of repairs. 29. There shall be no parking on County Road 179 or the corresponding right-of-way. Parking shall be limited to designated areas onsite only. FINDINGS OF FACT that may be appropriate if the Special Use Permit is denied: 1. The proposal with the following conditions does note meet the applicable guidelines of the Routt County Master Plan and nor Sections 4, 5, and 6 of the Routt County Zoning Regulations. 2. The specific Master Plan policies that the application is not in compliance with is 3.3.A, 3.3.E, 4.3.B, 5.3.B. The specific Zoning Regulations that the application is not in compliance with is 6.1.2, E,G,K,N. Routt County Planning Department 11 of 22

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23 ROUTT COUNTY PLANNING DEPARTMENT PO Box * Steamboat Springs, CO * (970) * FAX(970) REFERRAL AGENCY NOTICE OF APPLICATION Date : 6/26/2017 This office has received a request for the following activity and seeks your input as a referral agency. ACTIVITY#: TPL PETITIONER: Kyle Caudle PETITION: Special Use Permit for a RV repair shop as a Home Industry in the MDR zone district. ADDRESS: PINON TRL, STEAMBOAT SPRINGS LOCATION/LEGAL: south side of Milner; Pinon Trail Lots 12,12 1/2,13 & Part of vacated Pine St. & Part of vacated 1st Ave. Block 10 Milner The matter will be reviewed on: Scheduled Review: Planning Commission Board of County Commissioners Date 8/3/2017 at 6:00 pm 8/22/2017 at 1:30 pm Please submit comments by 7/21/17 to Alan Goldich Referral Agency Response: [_] No Comment [_] Will Send a memo by the comment due date. [_] Will attend hearing because there is technical complexity associated with this petition. [_] Comment: ************************************************************************************** Reviewed by: Date: If no comments are received by the due date, staff must assume you have no concerns on this project. ************************************************************************************** The Planning Department has placed the application on the Routt County website for your review. You can access this site at : 14 of 22

24 From: To: Subject: Date: Scott Cowman Alan Goldich RE: Permit/Application: TPL at PINON TRL, STEAMBOAT SPRINGS for Special Use - General Monday, June 26, :24:35 PM Alan thanks for the opportunity to comment. After having visited the site my only concern is proper handling of hazardous or potentially hazardous wastes. Used batteries should be stored off the ground in a dry area (as they were at the time of the visit). Paint, solvents, and used oil should be stored in a secure area or in the case of used oil on an area that provides secondary containment to control spills. All of these types of wastes should be disposed of in a proper manner. Spill cleanup materials should also be stored on site (absorbent materials such as pads and/or granular clay). Best Regards, B. Scott Cowman Routt County - Director Environment Health th Street, PO Box Steamboat Springs, CO scowman@co.routt.co.us (970) Office (970) Cell From: Alan Goldich Sent: Monday, June 26, :13 PM To: Ted Allen; Geovanny Romero; Sharon Glover; Ben Grush; Zach Schaffner; Heather Savalox; Emy Keeling; Janet Hruby; Gary Peterson; dshaffer@steamboatsprings.net; syaconiello@steamboatsprings.net; Laura Meyers; Mike Mordi; Diana Willson; Malea Michael-Ferrier; Scott Cowman; Jesse DeWolfe; Leslie Bensching; Jason Blair; Dan Weinheimer; Rick Melzer; Jeff Hicks; Gina Cadrecha Subject: Permit/Application: TPL at PINON TRL, STEAMBOAT SPRINGS for Special Use - General Please see that attached referral and application for a Special Use Permit for a RV Repair shop in Milner. Let me know if you have any questions. Alan Goldich Routt County Planning PO Box Steamboat Springs, CO Agoldich@co.routt.co.us 15 of 22

25 From: To: Subject: Date: Doug Shaffer Alan Goldich Caudle review Monday, July 24, :14:40 PM Hi Alan, Comments for the RV repair in Milner. 1.The applicant would need to keep storage of hazardous materials like flammable gases and liquids listed in 2009 International Fire Code, Table (1) under the allowable limits to be an S-1 occupancy repair garage. 2. Fire extinguisher(s) per section 906 of the 2009 International Fire Code. Doug Shaffer Fire Marshal Steamboat Springs Fire Rescue of 22

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28 Structure labeled Workshop on site plan. Inside of the workshop. 19 of 22

29 The residence is in the left of this picture. The structure on the right is the one labeled Personal Storage on the site plan. Inside of the Personal Storage structure. This is the structure the neighbor claims people are living in. 20 of 22

30 View of the area to the west of the structure labeled Personal Storage. 21 of 22

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32 ACTIVITY #: South Hunt Ranch Conditional Use Permit PL HEARING DATES: Planning Commission (PC): 8/3/2017 at 6:00pm PETITIONER: PETITION: LEGAL: LOCATION: ZONE DISTRICT: AREA: STAFF CONTACT: South Hunt Creek Ranch, LLC Conditional Use Permit for a Hunting/Fishing Facility with permanent lodging or staging areas associated with the use. Lands generally included in Sec 11, 14 & total 320A, owned by South Hunt Creek Ranch, LLC and lands leased in Sec 10 & total 320A County Road 13, NW of Yampa. AF Approx. 640 acres of owned and leased lands Kwinser@co.routt.co.us ATTACHMENTS: Vicinty Map of project area Aerial showing access Narrative Referral and comments History: Two of the three parcels that are part of this application are the Hinman and Olsen parcels. The Hinman parcel is owned by John Redmond and the Olsen parcel is owned by Jim Redmond III. These are leased by South Hunt Ranch. Both of these parcels have been used by Pack Country Outfitters (PCO) for hunting operations through Special Use Permit number PP Other uses that were part of that permit include a summer camp and guest ranch operations. In the fall of 2016, Allen Snyder of PCO informed the County that he no longer held the lease on the Hinman and Olsen parcels and that PCO s operation would not utilize those properties. In February of 2017, Mr. Snyder submitted a violation complaint stating that Richard Counts (applicant) had leased the Hinman and Olsen parcels to be used in a hunting operation. Mr. Snyder wanted to make sure that the new operator did not use these properties in violation of the County Zoning Regulations. Since the landowners are ultimately responsible for being in compliance with the Zoning Regulations, they were contacted and informed of the complaint. They were told that a permit from the County would be required in order to use these properties as part of a commercial hunting operation with permanent staging. The landowners said that they would submit an application prior to the beginning of hunting season. Richard Counts subsequently submitted an application for a hunting operation for the use of these two properties PC Page 1 of 27

33 and his own (South Hunt Creek Ranch). Since staff was unable to confirm a violation, no enforcement action has been taken at this point. Site Description: The project area is located off of County Road 13 NW of the Town of Yampa and includes 3 parcels of 320 acres owned by South Hunt Ranch and another 2 parcels of 320 acres leased by the applicant. Broken Bone Ranch is private land that surrounds the northern portion of South Hunt Ranch. Forest Service land borders the southerly portion of South Hunt Ranch and also surrounds the Hinman and Olsen parcels. Access to the northern two South Hunt Ranch Parcels is via a private drive through Broken Bone Ranch from CR 13. The southerly South Hunt Parcel is accessed via Forest Service land that is public non-motorized use. Access to the Hinman and Olsen parcels is via FS 942, a public commercial use right-of-way from CR 13. Project Description: The request is for a Hunting/Fishing Facility with permanent lodging or staging areas associated with the use. This CUP use is specifically for the leased parcels known as the Olsen Place and the Hinman Place. South Hunt Ranch is made up of 3 parcels and used by the applicant, his family and friends. The applicant s personal cabin is on the largest of the three parcels (PIN ), and it is the only structure on the property that anyone stays in. There are several other accessory structures on the site associated with the Ranch. There is no commercial hunting with permanent staging or lodging proposed on these parcels. As proposed, the Hinman and Olsen Places are to be used as drop camps with no guiding or food services provided. Visits are planned during October and November and would typically be comprised of groups of four that stay from Friday to Thursday at one of the cabins on site. The Olsen Place has an 800 sq.ft cabin with 2-bedrooms, a storage shed with a reservoir/lake to the east of the cabin. The Hinman Place has a 900 sq. ft. cabin with one bedroom plus a loft area. Neither cabin will be used in the summer or winter for guests. Staff Comments: Staff sent requests for comment to surrounding property owners and interested agencies. The following comments were received: letters from Broken Bone Ranch, Pack Country Outfitters and a nearby resident; and comments from CPW and Routt County Departments of Environmental Health, Road and Bridge, GIS/Addressing and Building Department. It has come to our attention that there could be access issues on the private drive to South Hunt Ranch via Broken Bone Ranch. However, at the time of drafting the staff report, no documentation was provided to support this claim by either party. Staff spoke with the Forest Service several times about the applicant s request, the use of the Forest Service land, and the access to the leased parcel. There was no indication that they had any issue with what was being proposed. Therefore, no comments were provided. What is triggering the request is hunting with permanent staging and/or lodging. This can be either guided or unguided. This request in particular is for an unguided drop camp with permanenet lodging. PC Page 2 of 27

34 Hunting without permanent staging and/or lodging would not require a permit through the County whether it was guided or not. Guided hunting and fishing require an outfitters license through the State. ***Issues for Discussion*** Term limits of the permit COA No. 17 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. 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 six (6) 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 Page 3 of 27

35 6.1.7.C H I L M Natural Hazards Wildland Fire Noise Odors Vibration Staff comments: No danger to public health, safety, or welfare is expected. No danger from wildfires, noise, odors, or vibrations are expected from the use or project area. The cabins for guests on the the Olsen Place have permits for the building, septic and water. However, the cabin on the Hinman place has a permit but would need an approved engineer s design for the septic. Suggested condition of approval No. 6 was included to address this. **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: 5.3 Secondary Dwelling Unit Standards 5.12 Airport Overlay Zone District Standards The proposal shall be consistent with applicable Master Plans and sub-area plans The proposal shall meet or exceed accepted industry standards and Best Management Practices (BMP s). 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. 5.3.D Require Best Management Practices and grading plans and strongly discourage overlot grading. Staff comments: Structures on site are existing. No new structures are proposed with this application. No overlot grading is proposed. **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 PC Page 4 of 27

36 5.1.4 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 5.10 Standards for Structures within mapped Skyline Areas Outdoor Lighting: The proposal shall comply with the Outdoor Lighting Standards in Section 6.3 of these Regulations G K O Visual Amenities and Scenic Qualities. Land Use Compatibility. Historical Significance. Applicable Policies Routt County Master Plan 5.3.E 5.3.F Routt County requires that all new developments do not contribute to light pollution. Routt County will continue to consider the impacts of development and uses on view corridors, water, wetland, and air. Staff comments: No outdoor storage, signs, structures, or lighting is proposed. Structures are existing, therefore no visual qualities are expected to be comprised. **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 5.6 Access to Buildable Lot Standards 5.7 Right of Way Access Standards: A Right of Way Access Permit is required prior to construction of any new access point onto a County Road or other Local Public Road or Right of Way. 5.8 Road Construction Standards Public Road Use Performance Standards: The proposal shall comply with the Public Road Use Performance Standards in Section 6.2 of these Regulations A B N Public Roads, Services and Infrastructure Road Capacity, traffic, and traffic safety Snow Storage PC Page 5 of 27

37 Staff comments: Access to South Hunt Ranch is via a private drive through another parcel to the County Road. Based on aerial footage and history, it appears that access is from a prescriptive right-of-way. Access to the Hinman and Olsen parcels are from a public commercial use Forest Road. Additional addresses and/or a private street names for access to facilities may be required. A condition has been included. Sufficient parking and snow storage exist on each parcel. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Natural Environment Applicable Regulations Routt County Zoning Resolution 5.11 Waterbody Setback Standards D Wildlife and Wildlife Habitat E Water Quality and Quantity F Air Quality J Wetlands P Reclamation and Restoration Q Noxious Weeds. Applicable Policies Routt County Master Plan 5.3.B While respecting private property rights, the County will not approve development applications or special use permits that would lead to the degradation of the environment without proper mitigation that would bring the proposal into compliance with the Master Plan, appropriate sub-area plans, Zoning Resolution, and Subdivision Regulations. Staff comments: No impacts to waterbodies, wildlife (other than hunting), water quality/quantity, wetlands, or impacts from noxious weeds are expected. No reclamation will be involved. Although no impacts to wildlife are expected, CPW suggests that the permit holder comply with CPW regulations to reduce potential human and wildlife conflicts, as well as Department of Regulatory Agencies-Offices of Outfitters Registration rules and regulations. Conditions of approval have been included. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No PC Page 6 of 27

38 PLANNING COMMISSION OPTIONS: 1. Approve the Conditional Use Permit 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 Conditional Use Permit 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 Conditional Use Permit request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the Conditional Use Permit 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 Special Use Permit is approved: 1. The proposal with the following conditions meets the applicable guidelines of the Routt County Master Plan and is in compliance with Sections 4, 5, and 6 of the Routt County Zoning Regulations. CONDITIONS that may be appropriate may include the following: General Conditions: 1. The CUP is contingent upon compliance with the applicable provisions of the Routt County Zoning Regulations including but not limited to Sections 5, and The CUP 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. Any complaints or concerns which may arise from this operation may be cause for review of the CUP, at any time, and amendment or addition of conditions, or revocation of the permit if necessary. 4. In the event that Routt County commences an action to enforce or interpret this CUP, 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. Unless evidence that the current septic system for the Hinman Parcel can be provided to the satisfaction of the Routt County Environmental Health Department, a new or expanded septic system must be installed prior to occupancy by guests. 7. Permits from the Routt County Building Department shall be obtained and any inspections completed before operations commence. PC Page 7 of 27

39 8. This approval is contingent upon any required federal, state and local permits being obtained and complied with; the operation shall comply with all federal, state and local laws. Copies of permits or letters of approval shall be submitted to the Routt County Planning Department prior to operations. 9. 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. 10. All exterior lighting shall be downcast and opaquely shielded. 11. Prior to the issuance of the permit, the permittee shall provide evidence of liability insurance in the amount of no less than $1,000,000 per occurrence. Permittee shall notify the Routt County Planning Department of any claims made against the policy. Routt County shall be named as an additional insured on the policy. Certificate of liability insurance shall include all permit numbers associated with the activity. 12. Accessory structures/uses associated with this permit may be administratively approved by the Planning Director, without notice. 13. The permits/approval shall not be issued until all fees have been paid in full. Failure to pay fees may result in revocation of this permit. Permits/Approvals that require an ongoing review will be assessed an Annual Fee. Additional fees for mitigation monitoring will be charged on an hourly basis for staff time required to review and/or implement conditions of approval. 14. Transfer of this CUP may occur only after a statement has been filed with the Planning Director by the transferee guaranteeing that they will comply with the terms and conditions of the permit. If transferee is not the landowner of the permitted area, Transferee shall submit written consent to the transfer by the landowner. Failure to receive approval for the transfer shall constitute sufficient cause for revocation of the permit if the subject property is transferred. Bonds, insurance certificates or other security required in the permit shall also be filed with the Planning Director by the transferee to assure the work will be completed as specified. Any proposal to change the terms and conditions of a permit shall require a new permit. 15. Routt County reserves the right to prohibit or restrict transfer of this permit subject to Section of the Routt County Zoning Regulations. 16. 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. Specific Conditions: 17. The CUP is valid for 5 years provided it is acted upon within one year of approval. The CUP shall be deemed to have automatically lapsed if the uses permitted herein are discontinued for a period of one (1) year. The permit may be reviewed administratively for life of use if no significant issues have resulted. 18. Olsen Cabin: Uses allowed are seasonal drop camp only for guests for the purpose to hunt during October and November. Food service provided by guests only. 19. Hinman Cabin: Uses allowed are seasonal drop camp only for guests for the purpose to hunt during October and November. Food service provided by guests only. 20. South Hunt Ranch Cabin: Uses allowed are year round use of the property for the owner, family and guests. Uses are incidental to a use by rightr or permitted use on the property. PC Page 8 of 27

40 21. Additional addresses and/or a private street name for access to facilities may be required. 22. The permit holder shall comply with CPW regulation to reduce potential human and wildlife conflicts and Department of Regulatory Agencies-Offices of Outfiters Registration rules and regulations. Condtions of Approval have been included. 23. Bear-proof trash containers shall be used at all cabins. The operator is responsible for trash control at the parking area 24. Fire extinguisher(s) shall be placed in a conspicuous area in all of the cabins. 25. Carbon monoxide/smoke detector combo alarms must be installed in all cabins. PC Page 9 of 27

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44 Pack Country Outfitters Pack Country Outfitters P.O. Box 9 Yampa, Colorado To: Routt County Planning Dept Chad Phillips Kristy Winser From: Allen Snyder CC: Tyler Snyder PCO Alan Goldich Date: 20 July 2017 Re: CUP App PL Chad and Kristy Pack Country Outffitters DORA #2090 wishes to submit our strong objection against this CUP request. You will recall that we flagged a complaint to the county on 22 Feb regarding the apparent intent of the owners of South Hunt Creek Ranch (Mr. Counts), The Olson Property, now DBA Yankee Creek, LLC owner James Redmond, and Flattop Meadows LLC to offer Do-it-Yourself hunts, staging from these three facilities referenced within the CUP Application PL We also notified you that a 3 rd party outfitter Mr. Cecil Kauffman, P.O. Box Winnsboro, LA operating as has leased the Olson and Hinman properties located at FSR 942, Yampa, Mr. Kauffman is commercially offering DIY hunts on these properties. His website refers to this cabin and property as South Hunt Creek Ranch and The Hinman lease Hunts #13 & #14 on his site. After registering our complaint, and subsequent follow up by your office, it appears Mr. Counts has submitted this CUP request to formalize his intentions. While we have a long list of negative implications for our business and our neighbors surrounding ranches, based on prior experiences from Mr. Counts associates, we would like to provide a concise bulleted list on why you should reject this application; with the most egregious issue being the inaccurate, incomplete and misstated information within the application document itself. As such, we offer the following points for you to consider: 1. The Applicant does not even mention that Mr. Counts has sub-leased the properties to Mr. Kauffman, an outfitter from Winsbora LA, who was operating until June of this year without any DORA license (recently registered #3163) and totally absentee from any the properties he leases. Colorado Private Ranch only offers D-I-Y hunts. He promotes use of ATVs and points out, on several pages, that his leased properties border Routt National Forest and BLM lands. We are very concerned that his open advertisement of accessibility to State and National Forest lands, and the fact that his clients are unguided, will result numerous conflicts with our licensed guides on the adjoining public lands, and ultimately the use of ATVs on these lands, which we have observed in the past from Mr. Count s property. Consideration for additional CPW and [Street Address] [City], [State] [Postal Code] Phone: [Your Phone] Fax: [Your Fax] [Your ] PC Page 13 of 27 Web: [Web Address]

45 2 USFS officers to ensure compliance with Outfitting laws, and presumably the CUP, should be included in the Commissioners discussion. We suspect Mr. Kauffman does not have CUPs for his other Routt County properties, as a separate matter. 2. The photos submitted in the CUP application of the South Hunt Ranch cabin are prior to the current owner (Mr. Counts) and the previous owner (Mr. Chris Campbell s) extensive renovation and additions to this cabin. The photo shows an old (pre 2007) structure but in fact Mr. Counts has renovated and added-on to create a multi-million dollar lodge. We request that the county do an onsite visit to confirm and reconcile this discrepancy. 3. Given Mr. Kauffmann offers DIY hunts for up to 14 hunters per week, at the two facilities, and Mr. Counts is offering an additional number (unspecified) in his cabin, the amount of traffic on the USFS two-track road (942) to the Olson and Hinman is going to be very significant. What s more the access to the South Hunt Cabin is through the neighbor s property (Broken Bone Ranch) via CR 13, which we lease. We therefore believe a complete traffic and transportation study should be completed prior to CUP consideration. We also request you discuss this traffic matter with the USFS as we know that our prior-sup had significant restrictions rendered for traffic control. 4. We request the planning commission notify the additional agencies; DORA, Routt County Environmental Health, Colorado Division of Parks and Wildlife, etc. on the extent of commercial operations being conducted on the South Hunt properties to ensure that all parties are properly licensed. 5. Pack Country Outfitters has the SUP and Recreational Lease with the USFS surrounding the subject matter properties. We provide full service, guided hunts under this lease and under our SUP with Routt County. Mr. Counts clients, via Mr. Kauffman s commercial outfitting business, will turn loose between hunters, per season, on their private ground (only 620ac in total) and the surrounding national forest (within our lease). This undoubtedly is going to create a conflict with our business. We recognize that DIY hunters have the right to hunt on USFS lands (without guides or pack service), but we also have enough experience in the area to know that the surrounding property and game herds cannot handle this much additional, unsupervised pressure. The impact on PCO, the CPW (enforcement) and the USFS should be carefully considered. 6. What s more, Mr. Counts calls out that the Hinman will be utilized for Drop Camp Only with no guided services and no food services. However, he remains silent on this matter for the other two cabins. Our guides have frequently seen hunters (in orange) from Mr. Counts ranch accompanied by cammo-clad helpers hunting on the USFS lands. We also were told directly, but a hunter staying in the Hinman, that he did not want to pay the trophy fee for a guided hunt on the South Hunt Creek Ranch. While these points are anecdotal, it s a clear indication that commercial activity beyond the boundaries of the CUP should be anticipated and clearly restricted in document form. As you know, PCO has earned the highest rating from the Routt County Commissioners and your office for the integrity of our operations, and our compliance to county, DORA and State regulations. Please consider this letter and the associated complaint form as formal notification and request for denial of CUP PL Sincerely, Allen E. Snyder & Tyler L. Snyder Owners Pack Country Outfitters, LLC PC Page 14 of 27

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48 From: To: Subject: Date: Alan Goldich Kristy Winser FW: Conditional Use Permit (CUP) South Hunt Creek Ranch/Mr. Rick Counts comment from Jim Redmond Thursday, July 27, :38:38 AM FYI Alan Goldich Routt County Planning PO Box Steamboat Springs, CO From: Jim and Sherri Redmond Sent: Wednesday, July 26, :31 PM To: Alan Goldich Subject: Conditional Use Permit (CUP) South Hunt Creek Ranch/Mr. Rick Counts comment from Jim Redmond 5872 E. Deer Ridge Boise ID, July 27, 2017 Mr. Alan Goldich Routt County Planning Department PO Box Steamboat Springs, CO Mr. Alan Goldich; I would like to take this opportunity to express my support for the application for a Conditional Use Permit (CUP) which the South Hunt Creek Ranch/Mr. Rick Counts is applying for with the Routt County Planning Department. My support is from the point of view as a lessor to and adjacent land owner to Mr. Counts. I fully support Mr. Counts intentions and his outlined scope of use on all lands in his control including subleasing to Mr. Cecil Kauffman s business endeavors as it is consistent with historical use. My family has been in the general area for over a hundred years and found various ways to make a living. One way which my family made extra money for many decades was to take in hunters and it has been common place for the land owners in the area, this also runs true for the land owners which Mr. Snyder has doing his bidding to counter Mr. Counts application for a CUP. All the individuals, I have knowledge of, who are opposing Mr. Counts have a long history of taking in hunters for fee in a manner which they and Mr. Snyder are now so adamantly opposed to. About three decades ago my family had enough of the hunting scene and we started working with Pack Country Outfitters (PCO) leasing our private lands to them for the sole purpose of guided hunts. We had a very good relationship with all of the prior owners with a lot of give and take but we all did ok. In the truest sense it was a win-win. During the latter portion of our relationship with the second owner of PCO the individuals who are opposing Mr. Counts CUP and supporting PCO s were very opposed to all activities tied to all aspect of the guided hunt service which PCO provided. To now see that they are now eagerly supporting Mr. Snyder s cause is very contradictory especially when one of parties involved spent considerable resources in the court system to fight related matters to the guiding and outfitting activities of PCO at that time. PC Page 17 of 27

49 My interactions with Mr. Snyder as owner of PCO were very difficult as I leased what is known as the Olsen Place to him. The manner in which he took care of my property was opposite of what I had seen from prior owners. After the first year, this property was not taken care of with items broken and usually left dirty. During this time Mr. Snyder continually reminded me that he as owner of PCO had the SUP and implied I had to work with him. Mr. Snyder had a lease on the Olsen Place well below market and when it came time to renegotiate I understood his end game. I was offered less than 75% of the below market deal he already had on this place and I pushed back on this offer. The following was part of Mr. Snyder s response to my rejection of his offer: Jim, It became clear to me, years ago that you could not even comprehend the concept of "operating to an industry standard business model", that includes the above mentioned costs, or a success-based partnership model such as those I formed with companies like Cisco, Dell, Sprint, Accenture, etc. etc. etc. What's more, your comparison of your "Farm Operations Management" business acumen versus my proven track record of CEO, COO roles growing revenue and profit for multi-hundred million and billion dollar private and public companies is a bit laughable. When I told him I was done he offered the following response: Thanks for letting us know. We will then move forward with alternate plans. Please be advised that in order to do any commercial outfitting or rental business on your private property, you need to have a SUP from Routt County. To my knowledge the only SUP presently on the Hinman and the Olsen is Pack Country Outfitters. We will notify Routt County that we will not be operating on your private grounds effective If you and your tenant are interested in leasing our SUP to save time and money, we would entertain a discussion. Either way is fine with us. and Thanks for the update Jim. This should also help us implement the rules and regulations around USFS Forest Access. Our guides have seen people coming from Counts' property with ATVs on the Forest. This is illegal of course. Secondly, we suspect there are others coming onto the forest, via there access, which is certainly legal and correct. However, they cannot do this, by crossing private grounds (yours) or by paying a guide to take them there. The aforementioned is a trespass violation and the latter is a felony. Hopefully the fences will help with this. In the past when we have tried to work with Mr. Snyder on an adjacent property known as the Hinman Place he gave his word to us that he would lease the place for hunting and at the last minute his word backed out, we lease it to Cecil Kauffman and it was a good experience with a true gentleman. When Al found out we leased to Cecil he told us all the various government agencies he was going to have messing with us with veiled threats on what he was going to do us for not falling in line with him. Mr. Snyder has a long history of stating what each government agency/department will do to us including Routt County Planning Department (usually with substantial factual embellishment) if we don t let him push us around and rent cheap to him. In my opinion, this entire discussion around Mr. Counts CUP is manifestation of Mr. Snyder's attempt at manipulation of the system to squelch local land owners so to run over the top of them and not be competitive with rents nor general respect. In addition to my support for Mr. Counts application for a CUP I am begging the Routt County Planning Department to a give a clear and decisive read on this matter. After nearly a decade of the veiled threats, whining, waffling on his word and caterwauling from Mr. Snyder the discussion of what is right and wrong related to private property use in Routt County has gotten old and clear guidance will be appreciated at this juncture. If you have any questions please contact me at Sincerely, Jim Redmond PC Page 18 of 27

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59 Dougherty Property Conceptual Planned Unit Development ACTIVITY #: PL HEARING DATES: Planning Commission: 8/3/2017 at 6:00 pm Board of County Commissioners: 9/12/2017 at 1:30 pm PETITIONER: Yampa Valley Engineering on behalf of Butch Dougherty PETITION: Conceptual PUD for Dougherty Property LEGAL: 5A TR IN SE4SW SEC LOCATION: 753 DOUGHERTY RD, STEAMBOAT SPRINGS ZONE DISTRICT: Lot A AF; Lot B -PUD STAFF CONTACT: Kristy Winser Kwinser@co.routt.co.us ATTACHMENTS: Narrative Aerial Vicinty Map Site Plan Referral Comments received Site Description: The site is located south of the Steamboat Christian Center on the west side of US HWY 40. The site is relatively flat and separated into two lots, Lot A and Lot B. Each lot is bisected by the Yampa River with land area on either side of the river. Access to the western portion of each lot is from a bridge on the north side of the property to Dougherty Road. Lot A, the southerly lot, is 4.3 acres zoned AF and has been developed with a plant nursery with retail sales and a dwelling unit. The eastern side of the lot has frontage and direct access onto HWY 40. Lot B, the northern lot, is a 5-acre vacant parcel zoned Planned Unit Development (PUD). Lot B has access from Dougherty Road to HWY 40. The terminus of the Core Trail is at the bridge along the Yampa River at Dougherty Road. History: Lot A was formerly used as a concrete batch plant, sawmill, retail firewood business and, most recently, a tree nursery. It is currently leased by Snow Country Nursery, which operates under an Administrative Permit. Also, Wild West Balloon Adventures/Pegasus Hot Air Balloon tours PC 8/3/17 Page 1 of 41

60 uses the west portion of Lot A as a launch site, for which a permit is not required because there is no permanent staging for the use. Recently a code violation case was pursued for Lot B due to the storage of landscaping material and machinery, outdoor storage of vehicles, junk and use as a commercial hot air balloon launch site. Although the property is zoned PUD, there are no defined uses allowed because the Final PUD Plan process was never completed. The intent of this application is to bring the property into compliance. Project Description: This application is for consideration for a PUD Plan to define uses for both Lot A and Lot B. Lot A Snow Country Nursery located on Lot A, requests to continue their business and expand their operation utilizing some of Lot B for outdoor storage, top soil and mulch to be placed on a concrete pad. Specific uses for the nursery are greenhouse and plant nurseries-retail, log and soil storage, and non-vehicle outdoor storage. Wild West Balloon Adventures/Pegasus Hot Air Balloon tours would continue to use a portion of Lot A. Proposed new uses on Lot A include a Home Industry within the existing house on site, Fishing Private Non-Commercial, and the development of Mini-Storage Units on the western portion of theproperty. The existing access onto Hwy 40 will continue to be used for the eastern portion of Lot A. The new uses on the western portion of Lot A will be accessed via the bridge to Dougherty Road to Hwy 40. Lot B Proposed uses on Lot B include the expansion of Snow County s operation onto the east side of the river adjacent to the existing nursery to be used as outdoor storage of landscape materials. Mini-storage Units are also proposed in this area along with Accessory Uses and Structures. On the western portion of Lot B, additional Mini Storage Units are proposed along with Camping Non-Commerical and Fishing-Private Non-Commercial and an additional launch area for Wild West Balloon Adventures/Pegasus Hot Air Balloon tours. Open space The applicant proposes private fishing and camping/non-commercial and a possible core trail extension as elements to fulfill the open space requirement. Staff Comments: The PUD Zone District is intended to allow flexibility to accommodate development in site design without the restrictions of customary standard zoning regulations, while still maintaining the goals and policies of the Master Plan. Development of site-specific uses is allowed through a PUD Plan which defines the permitted uses that have been determined through the review and approval process. The subject lots are located in Routt County and within the Urban Growth Boundary of the Steamboat Springs Area Plan. A portion of this property (Lot A) was previously developed with a permit to operate a Plant Nursery. The City boundary runs along the northern property line of the subject lots which is also the Mount Werner Water District service area boundary. Based on information submitted and comments received from the District, the site is up gradient from the community well fields and falls within the Watershed Protection Area. The District also PC 8/3/17 Page 2 of 41

61 commented that it has been a policy not to serve properties that lie outside the District boundaries and outside of the City Limits. Due to this constraint, the applicant is proposing uses that are expected to limit impact on groundwater quality and would not require water or sewer service. The following agencies have provided comments for your consideration: Mount Werner Water, US Army Corps of Engineers, City of Steamboat Springs Departments of Planning and Development, Public Works and Engineering and Parks and Community Services, Colorado Parks and Wildlife, Colorado Department of Transportation and Routt County Department of Environmental Health and Road and Bridge. A review of County mapping software has indicated that a substantial portion of the western portion of the property is located within a floodway area. The area designated for storage units is outside the floodway. Uses of the property may require a Floodplain Development Permit. Additionally, because much of the project area is along the Yampa River, it likely includes land and waters of the United States. Based on comments by the Army Corps of Engineers, the applicant will be required to prepare a wetland delineation to determine the extent of these waters on the project sites. This determination will identify the extent of the waters of the United States and will help determine if an Army Corps of Engineers permit will be required. Depending on the location of the uses and the Army Corps permit requirements, a Floodplain Development permit, Waterbody Setback permit and/or Army Corps of Engineers permits may be required. ***Issues for Discussion*** Is the open space proposed for the PUD, in compliance with intent of the regulations? Discuss finding of fact No. 2 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. 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 eight (8) major categories: 1. Health, Safety and Nuisances 2. Regulations and Standards 3. PUD Regulations and Standards 4. Zoning Amendment Standards 5. Community Character and Visual Issues 6. Roads, Transportation and Site Design 7. Natural Environment 8. Mitigation Techniques PC 8/3/17 Page 3 of 41

62 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 C H I L M Natural Hazards Wildland Fire Noise Odors Vibration Applicable Regulations Routt County Subdivision Resolution 3.1.D 3.1.M 3.1.N Staff comments: Steep land greater than a 30% slope, unstable land, land subject to flooding or to inadequate drainage, or otherwise substandard land shall not be platted for occupancy or any use which might endanger health, life, property or which may aggravate flood or erosion hazards. Land not usable for residential purposes may be set aside for open area uses such as parks, conservation areas, farm land, recreational areas. The soil and drainage conditions shall be of a sufficiently stable nature, as shown in a current soils test, as to support development including whatever sewage disposal treatment is utilized. The proposed subdivision shall not create fire hazards and shall include wildland fire mitigation measures if necessary. The project site is relatively flat with a portion (on the west side of the river) that falls within the floodway. No development is proposed in these areas except for non-commercial camping and fishing and balloon launch areas. The remaining area could be within the flood plain and development in those areas could require permits. There are no other known natural hazards. PC 8/3/17 Page 4 of 41

63 The plant nursery business has a permit with existing conditions of approval that were developed in conjunction with Mount Werner Water and approved by the County. Conditions include mitigation for noise and odors, and will be transferred to this PUD Plan if approved. The new uses proposed are ones that are expected to have low or no impact to ground water quality and do not require central water or sewer. No noise, odors or vibration are expected from these uses. **Is the application in compliance with the Policies and Regulation outlined above? Yes or No Regulations and Standards Applicable Regulations Routt County Zoning Resolution The proposal shall be consistent with applicable Master Plans and sub-area plans The proposal shall meet or exceed accepted industry standards and Best Management Practices (BMP s). Applicable Policies Routt County Master Plan 4.3.I Routt County encourages adjoining property owners to work together for proposed land use changes. Adjoining landowners should be consulted and encouraged to participate if the project results in preservation of large tracts of agricultural land, preservation of wildlife habitat, access to public lands, more efficient infrastructure (roads), and/or large conservation easements. 5.3.A 5.3.B 5.3.D The County encourages the use of "green" building techniques that lead to the conservation of energy and overall reduction of pollution in our environment. While respecting private property rights, the County will not approve development applications or special use permits that would lead to the degradation of the environment without proper mitigation that would bring the proposal into compliance with the Master Plan, appropriate Sub-area Plans, Zoning Resolution, and Subdivision Regulations. Require Best Management Practices and grading plans and strongly discourage overlot grading. Applicable Policies Sub-Area Plan Strategy LU-1.1(a): Only Approve Consistent Development Proposals Only approve development proposals that are consistent with the Future Land Use Plan. Staff comments: Staff sent a request for comment to surrounding properties and involved interested agencies regarding the proposed project. The City responded that the proposed PUD does not conform to the Steamboat Springs Area Community Plan. The Future Land Use Map identifies this parcel to be reserved for low density residential development and identifies locations for commercial activities along PC 8/3/17 Page 5 of 41

64 designated nodes along HWY 40. It does not designate this location for commercial activities. The description for the land use Neighborhood Residential Low classification emphasizes a range of residential uses predominantly for full-time local residents. Uses may range from single family development to small scale attached development, such as townhomes. However, this classification also allows some neighborhood-serving-uses, including small retail stores and offices. Live-work and home offices are also appropriate secondary uses in this category. One of the uses proposed is for a Home Industry use which could be seen to fit in this land use category, however the use proposed is a little broad. A Condition of Approval addresses this concern. The City Department of Parks and Recreation commented that the Steamboat Springs Area Open Space and Trails Master Plan shows an extension of the Yampa River Core Trail to the south towards Legacy Ranch from its terminus on the north side of the bridge. Therefore a 20-foot wide easement is requested for future connectivity. This space could be utilized to fulfill open space requirements of the PUD. Mount Werner Water District responded that they would not extend water and sewer service to properties located outside of City limits and outside the District boundaries. However, if the owner were to combine both lots to a single 9.3 acre parcel for the development of one single family residence in exchange for a 20-ft utility easement running north-south across the consolidated parcel the District would extend water and sewer. The easement will allow an underground trunk line from property the District owns adjacent to the subject lot on the south and north side of the project site. **Is the application in compliance with the Policies and Regulation outlined above? Yes or No PUD Regulations and Standards Applicable Regulations Routt County Zoning Resolution 7.3.A The PUD shall be consistent with the intent and policies of the Master Plan and any applicable sub-area plans. 7.3.B 7.3.C 7.3.D 7.3.E The PUD shall comply with all applicable standards and mitigation techniques listed in Sections 5, 6, 8 and 9 of these Regulations The design and construction of the PUD shall include adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street parking and loading space. While there are no fixed setbacks and lot widths required for a PUD, the Planning Commission may require such setbacks, lot widths, and space between buildings as necessary to provide adequate access and fire protection, to ensure proper ventilation, light, air and snow melt between buildings, proper locations from utility lines, and to ensure that the PUD is compatible with other development in the area. Open space for the PUD shall be planned to produce maximum usefulness to the residents of the development for the purposes of recreation, scenery, and to produce a PC 8/3/17 Page 6 of 41

65 7.3.F 7.3.G 7.3.H 7.3.I 7.3.J 7.3.K 7.3.L 7.3.M feeling of openness. All areas designated as open space pursuant to the requirements of this section shall be provided with access from a public road, street, or right-of-way. Open space: A minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. Public sites as required as part of a Subdivision may be included in the required 25%. Unusable open space shall not be included in the required 25%. It shall be the option of the Board of County Commissioners to require any of the useable open space of a Planned Unit Development to be dedicated to a public agency or homeowners association. The developer shall provide within the PUD central water and sewer facilities as may be required by the Planning Commission, the Colorado Department of Public Health and Environment, and the local health authorities. Clustered housing shall be encouraged to promote maximum open space and economy of development and variety in type, design, and layout of buildings. Residential density shall be limited as required by the Planning Commission and the County Commissioners upon consideration of the Master Plan and individual characteristics of the subject land. The density of uses other than residential shall be limited as required by the Planning Commission and the County Commissioners upon consideration of the Master Plan and individual characteristics of the subject land and the adjoining properties. Mixed Uses: The PUD shall be designed, in so far as practicable when considering the overall size of the PUD, to provide commercial, recreational and educational amenities conveniently located to its residents in order to alleviate the impacts of increased traffic congestion. Architecture: Each structure in the PUD shall be designed in such a manner as to be compatible with other units in the area, yet to avoid uniformity and lack of variety of structural designs among the PUD. Maintenance of Open Space: No PUD shall be approved unless the County is satisfied that the landowner has provided for or established an adequate organization for the ownership and maintenance of open space and private roads, drives and parking. Staff comments: The application is for a conceptual PUD to consider mixed uses, general locations and access to the project area. More detail will need to be provided on flood hazard areas to better locate and define uses appropriate for the site. The applicant is proposing uses that would not require central water and sewer services or uses expected to impact groundwater quality. The project location is also located in a designated growth center inside of the Urban Growth Boundary of Steamboat Springs. The Future Land Use Plan designates this parcel for residential use that would require water and sewer service. The District has stated that they would not extend water and sewer service to properties located outside of City limits and outside the District boundaries. However, if the owner were to combine both lots to one 9.3 acre parcel for development of one single family residence the would extend services to the lot. **Is the application in compliance with the Policies and Regulation outlined above? Yes or No PC 8/3/17 Page 7 of 41

66 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 5.10 Standards for Structures within mapped Skyline Areas Outdoor Lighting: The proposal shall comply with the Outdoor Lighting Standards in Section 6.3 of these Regulations G K O Visual Amenities and Scenic Qualities. Land Use Compatibility. Historical Significance. Applicable Policies Routt County Master Plan 3.3.A 3.3.B 3.3.C 3.3.D 4.3.A 5.3.E 5.3.F New residential, commercial and industrial developments and uses should occur within the vicinity of designated growth centers and in compliance with the adopted comprehensive plans of those areas. Routt County supports infill development and redevelopment within the boundaries of growth centers. New residential subdivisions should be encouraged to occur only when the demand exists for the type of improved, residential dwelling units proposed. Residential densities should generally decrease as the distance from Growth Centers increase. All new urban-type developments and appropriate uses are encouraged to occur within designated Growth Centers. Routt County requires that all new developments do not contribute to light pollution. Routt County will continue to consider the impacts of development and uses on view corridors, water, wetlands, and air. Applicable Policies Sub-Area Plan Goal CD-4: Our community will maintain and improve the appearance of its corridors and gateways and will continue to have vibrant public spaces. Policy CD-4.1: Major highways and arterials shall maintain a high quality of design. Policy CD-4.2: Protect Scenic Corridors and the community s key gateways. Staff comments: PC 8/3/17 Page 8 of 41

67 The project site is located within the Urban Growth Boundary and growth center of Steamboat Springs and also within a visually sensitive area identified by the Area Plan. However, it should be noted that the majority of the project area can t be seen from HWY 40 as it is located behind the Christian Center. New residential, commercial and industrial developments and uses should occur within the vicinity of designated growth centers and in compliance with the adopted comprehensive plans of those areas. Since the project area is considered a visually sensitive area, quality design should be considered as part of the development of this site. The project site is not within a mapped skylined area, nor does it have historical significance. The adjacent site to the north of the property is located within City limits and developed with a church; the lot to the south is zoned AF and is vacant. No outdoor lighting is proposed at this time, but if proposed later in the process, lighting would need to be downcast. There is an existing sign for Snow Country, the nursery business that has a permit, but no other signs are proposed at this time. Any signage proposed in the future would need to meet the sign code. **Is the application in compliance with the Policies and Regulation outlined above? Yes or No Roads, Transportation and Site Design Applicable Policies Routt County Master Plan 11.3.F New rural residential developments should be encouraged to occur in areas that have improved access to accommodate the projected traffic. Proposed developments should have traffic analysis to ensure that adequate access exists G 11.3.H 11.3.I 11.3.J 11.3.L 11.3.N 11.3.O 11.3.Y 11.3.AA Pedestrian/bike system which connects retail areas, public facilities, recreational areas and neighborhoods with a minimum of auto-truck-rail conflict is encouraged. Protect and respect the rights of the pedestrian. Encourage the use of non-motorized and public transit for recreational and local transportation needs. Trail systems can be a major community transportation asset. New development proposals shall include provisions to create and link trail systems both as an alternative to the automobile and for recreational use. Roadways should be designed to minimize the impact on the rural mountain character of the county while providing safe, free-flowing, effective and convenient transportation. Roadway design should be compatible with topography, soils, vegetation, geology, visual and other natural opportunities and limitations. Encourage the separation of transportation modes as much as possible on County roads through the use of parallel trails or wide shoulders. Ensure that future development occurs where roads can accommodate projected traffic volumes and patterns. Encourage transit-oriented development. Avoid excessive intersection onto the County road system. Staff comments: PC 8/3/17 Page 9 of 41

68 There are two improved access points to the project site. As proposed, the nursery business on Lot A will continue to use the existing access onto HWY 40. The new uses proposed on Lot B will utilize access onto Dougherty Lane from the site to HWY 40. The adopted CDOT Steamboat Access Plan states that the existing access for Lot A from US 40 should be right in and right out only and that traffic should be circulated such that left hand turns out and left hand turns in occur via Dougherty Lane. This is consistent with R&B comments as well. Should this application move forward, access should be further discussed and conditions of approval considered. **Is the application in compliance with the Policies and Regulation outlined above? Yes or No Natural Environment Applicable Regulations Routt County Zoning Resolution 5.11 Waterbody Setback Standards D Wildlife and Wildlife Habitat E Water Quality and Quantity F Air Quality J Wetlands P Reclamation and Restoration Q Noxious Weeds. Applicable Regulations Routt County Subdivision Resolution 3.1.E 3.1.F 3.1.J D Any land subject to flooding or in a natural drainage channel shall not be platted for occupancy. The areas subject to flooding should be left as open space or reserved as conservation easement areas. Provisions shall be made to preserve as open space any natural features of the site that would enhance the subdivision, i.e. unusual rock formations, lakes, rivers, streams, trees, or attractive relief features. An adequate water supply shall be available for the proposed subdivision. Where a subdivision is traversed by a water course, stream or drainage way, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction or both that will be adequate for drainage purposes. Parallel streets, parkways, walkways, culverts, bridges or storm sewers may be required in connection with such drainage easement. In addition, storm sewers that meet water pollution prevention standards shall be installed wherever necessary based on engineering surveys although separate easements for storm sewers may not be required. Open space areas should include any major streams or water courses on the property. Such easements may be provided as dedicated public lands or held by quasi-public organizations such as a homeowners association. PC 8/3/17 Page 10 of 41

69 3.3.E 3.3.F Sufficient area for leach fields where individual sewage disposal systems are proposed in conformance with the Routt County Department of Environmental Health regulations; and Suitable location for wells where individual septic systems are proposed in conformance with the Routt County ISDS Regulations. Applicable Policies Routt County Master Plan 5.3.B While respecting private property rights, the County will not approve development applications or special use permits that would lead to the degradation of the environment without proper mitigation that would bring the proposal into compliance with the Master Plan, appropriate sub-area plans, Zoning Resolution, and Subdivision Regulations. Sub Area Plans Policy NS-2.2: The city and county will ensure that both groundwater and surface waters are protected from degradation and are of a high quality. Staff comments: To protect groundwater, the Mount Werner Water District Board adopted a wellhead protection plan that specifies the restrictions, limitations and prohibitions on the properties within the zones of contribution. The applicant is requesting uses that do not require water or sewer service and with expected low impacts to ground water quality. The District concurs with the City of Steamboat Springs regarding the need for a condition of approval for the Dougherty Parcel PUD that would require the applicant to obtain a Watershed Protection Permit (Permit) from the City s Public Works Department. The Permit, along with the applicant s planned drainage improvements at the site, is instrumental to maintaining water quality. A Condition of Approval supporting this has been suggested. The District and the owners of Snow Country Tree Farm entered into an agreement letter describing conditions agreed to by the owners and the District with respect to the Permit. The District recommends, as a condition of approval for this PUD application, that all terms, conditions and obligations of both the Permit and letter continue to be honored by the Tree Farm owner and enforced by the County. Uses proposed will need to adhere to the County s floodplain development standards and waterbody setbacks. CPW responded that the only wildlife concern is with moose and black bear human conflict, and recommended conditions of approval to minimize conflicts. **Is the application in compliance with the Policies and Regulation outlined above? Yes or No Mitigation Techniques Applicable Regulations Routt County Zoning Resolution PC 8/3/17 Page 11 of 41

70 Mitigation Techniques for Development Within a Natural Hazard Area Flood Hazard Area A. Ensure development does not aggravate an existing flood hazard or increase flood hazard to upstream or downstream properties. B. Avoid development in flood way areas or flood channel zones. C. Reduce or eliminate potential flood damage. D. Alteration of flood channels, or changing direction or velocity of flow shall not be considered adequate mitigation. E. Protect shallow wells, solid waste disposal sites, septic tanks and sewage disposal systems from floodwaters. F. Limit development to non-dwelling uses that will not be damaged when flooded Mitigation Techniques to Reduce Water Quality and Quantity Impacts: A. Create on-site sediment ponds to prevent erosion into waterways. B. Lining of sediment, water or waste disposal ponds with impervious material may be required based upon: 1) Site conditions; 2) Distance to groundwater; 3) Quality of the water or materials being disposed of; and 4) Input from the Colorado Department of Health, and other pertinent factors which may affect the use. C. Limit the size of the excavated or disturbed area. D. Place monitoring wells upstream and downstream of the use, on the permittee s property and/or adjacent properties with landowner consent, to test impacts to ground water and/or stream water quality and quantity: 1) Where the use is located in a high ground water table area; and 2) Where it has the potential to pollute nearby waterways E. Test nearby water wells, with the landowner s permission, to ensure the operation is not negatively affecting water quality or flow. F. Submit proof of sufficient water rights or a water augmentation plan. G. Avoid sites that would present a high probability of surface or ground water pollution. H. Provide buffers from waterbodies, rivers, streams, wetlands etc; buffers/setbacks in excess of 50 feet may be required depending on site conditions and proposed use Mitigation Techniques to Reduce Impacts to Scenic Quality: E. Provide effective screening of equipment and stockpile areas: 1) Limit the height of stockpiles; and 2) Use low profile permanent equipment, and/or permanent equipment painted to "blend with the surroundings." Permanent equipment shall be construed as that equipment left in place for one (1) year or more. Color selection shall be reviewed and approved by the Planning Director. 3) Maintain landscaping, weed control and vegetation viability for the life of the project. 4) Proposed landscaping, screening, fencing and other visual impact mitigation shall be approved by the Planning Director, Planning Commission or Board of County Commissioners prior to operation. 5) Berms or other screening techniques may be used to effectively screen the area. 6) Berms must be contoured to a slope conducive to establishing vegetative cover. 7) Significant vegetation shall be preserved wherever possible Mitigation Techniques to Reduce Wetland Impacts: PC 8/3/17 Page 12 of 41

71 All uses must comply with applicable Environmental Protection Agency (EPA) and Army Corps of Engineers (ACOE) standards and regulations for wetlands. A. Avoid wetland areas. B. Develop sediment ponds and drainage swales to prevent pollution of nearby wetlands. C. Replace disturbed wetland areas in-kind, and on-site. D. Preserve existing significant vegetation within and surrounding wetland areas. Staff comments: County mapping indicates that a portion of the property is within the Floodway. No development is proposed in these areas, but they are being included as areas to meet the open space requirement. A Floodplain Development permit and Waterbody Setback permit may be required. Uses for the site should include alternatives that avoid impacts to the areas in the Floodway. Several conditions of approval have been recommended to help mitigate concerns from various agencies. They have been incorporated into the suggested conditions of approval for your consideration. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS / PLANNING DIRECTOR OPTIONS: Approve the Conceptual PUD 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. The applicable provisions of Sections 5 and 6 have been reviewed and appropriate findings and conditions are included in the approval outlined herein. Deny the Conceptual PUD 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. Table the Conceptual PUD request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. Approve the Conceptual PUD 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 Conceptual PUD is approved: PC 8/3/17 Page 13 of 41

72 1. The proposal with the following conditions meets the applicable guidelines of the Routt County Master Plan and is in compliance with the applicable provisions of Sections 4, 5, 6, 7 and 8 of the Routt County Zoning and Subdivision Regulations. 2. The proposal is: 1) Elligiable for annexation 2) Located inside the UGB 3) Designated on the Future Land Use Map for residential development that requires water and sewer service but, 4) The District will not extend water and sewer lines, 5) The project area is heavily impacted by Floodway, 6) The area is within the Well Head Protection Zone, 7) The City has stated that this property is not a good canidate for annexation. Therefore, Based on these factors the proposal, while not in compliance with SSACP, it is found to be reasonable when considering the unique situation. CONDITIONS that may be appropriate may include the following: Conceptual PUD: 1. The Conceptual PUD approval is valid for 12 months. Extensions up to 12 months may be approved administratively. 2. The permits/approval shall not be issued until all fees have been paid in full. 3. Conditions of approval for information to be included/shown on Final PUD Plan. 4. All terms, conditions and obligations of both permit PP and associated letter continue to be honored by the Farm owner and enforced by the County. 5. Interagency Grizzly Bear Committee (IGBC) certified dumpsters and trash receptacles be used at all times. 6. Nursery plants/stock should be protected by high fence at all times to minimize the likelihood of moose or other wildlife from damaging commercial plants. 7. The applicant shall obtain a Watershed Protection Permit (Permit) from the City s Public Works Department as part of Final PUD approval. 8. The applicant is to prepare a wetland delineation to determine the extent of waters of the United States on the project site. 9. All access to HWY 40 shall comply with the Access Control Plan. 10. The Final PUD Plan shall include the dedication of a 20 easement for the extension of the Core Trail. 11. Any acceptable Home Industry shall be approved as part of the final plat or PUD Amendment. PC 8/3/17 Page 14 of 41

73 P.O. Box ; Steamboat Springs, Colorado June 1, 2017 Routt County Planning Attn: Chad Phillips & Alan Goldrich P.O. Box th Street Steamboat Springs, Colorado RE: Conceptual PUD for Dougherty Property, 753 Doughtery Road and US Highway 40 Routt County, Colorado. Dear Chad & Alan On behalf of Butch & Karen Dougherty (Owners), attached is the application for a conceptual PUD for both lots A and B. Lot A is proposed to be part of the PUD and that it will be rezoned if approved. DESCRIPTION The properties are located in the SE ¼ SW ¼ SEC. 28, T6N, R84W of the 6 TH P.M., and TR IN NE4NW4 Routt County, Colorado South of the City of Steamboat Springs. Lot-A the Southern lot is zoned AF and is currently leased by Mitch Clark of Snow Country Nursery and he would like to expand his business and utilize some of Lot B for outdoor storage, top soil and mulch. It would be placed on an existing concrete pad. Wild West Balloon Adventures/Pegasus Hot Air Balloon Tours also utilizes the West portion of Lot A as a launch field and would like to start utilizing other portions of Lot B. The balloon company does not have a permanent staging area. Both these businesses are seasonal. Lot-B the Northern property is vacant and undefined Since both of these properties Lot-A & Lot B cannot legally have a central water sewer system provided for them, there are many uses that cannot be proposed. These properties are considered in the growth centers per. the Routt County Master Plan PROPOSED USES Greenhouse and plant nurseries-retail. Log and soil storage Camping Non-commercial Home Industry PC 8/3/17 Page 15 of 41

74 Balloon rides etc. that does not require a permanent staging area Self-storage units/mini warehouses Accessory uses and structures Fishing-private non-commercial Outdoor storage non-hazardous no vehicle storage This neighborhood is an established and mainly commercial section that serves the surrounding residential and tourist base areas. Currently lots A & B are difficult to be defined in the Routt County zoning districts. Lot-B has 5.0 acres. The adjacent property Lot A is zoned AF and is only 4.3 acres. In the dimensional standards AF requires 35 acres and 50-0 setbacks. Access for Lot B would be through the North side of the Doughterys property that has been previously used. Main access for Snow Country Nursery clients will continue off highway 40. No additional traffic is expected. Vicinity To the North of Lot B, The Mount Werner Water District and the City of Steamboat Springs City limits, is zoned CC commercial community. To the East of Lot B is zoned RE-1 and owned by the Christian Center. To the South is Doughterys property Lot A, and is zoned AF. To the West is owned by the City of Steamboat Springs and zoned OR open space and recreation. Proposed Variations The owner is proposing a 20-0 utility easement on the east side of Lot B where existing utilities are located. The owner also would like to propose a 0 side setback where the two lots meet on the North side of Lot A and the South Side of Lot B. There is currently a 30 wide easement and right-of way on the North side of Lots A & B. On Lot- A the easement and right of way terminate at the Yampa River. Currently there is a zone x area on both lots A & B on the western portions of the properties which are out of the 500 year floodplain and outside the 1% & 0.02% annual chance floodplain. Please refer to the corrected floodway map conducted by Water Resource Consultants, LLC dated Feb 21, The owners would also like to propose 10-0 setbacks on the North, East and West property lines of Lot B and the South, East and West property lines of Lot-A. Benefits The PUD would allow the existing operations to continue and add possible proposed uses to these properties see sheet C-4. The current owners or new owners would have some flexibility to generate income, without the CSCS central sewer collection system being installed. These properties are lands south of the boundary of the City and District and West of U.S. Highway 40 and East of the Yampa River. PC 8/3/17 Page 16 of 41

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