Steamboat Fireworks for Free Special Use Permit ACTIVITY #: PL-18-167 HEARING DATES: Planning Commission: 09/20/18 at 6:00pm Board of County Commissioners: 10/02/18 at 1:30pm PETITIONER: PETITION: LEGAL: Tim Borden Special Use Permit for a Home Industry TR IN S2SE4 SEC 23-7N-85W & TR IN NW4NE4 SEC 26-7 and LOT 1, BORDEN SUBD, 25.12A LOCATION: 3.6 miles north of Highway 40 on RCR 129 ZONE DISTRICT: AREA: STAFF CONTACT: Agricultural Forestry (AF) Approximately 68 acre permit boundary Kristy Winser Kwinser@co.routt.co.us ATTACHMENTS: Narrative Aerial Community letters History: For over 18 years, the applicant has voluntarily assisted with fireworks for the July 4 th City display and for Winter Carnival. The applicant s role has included the purchase and storage of his own equipment and materials and the manufacture and display of fireworks for the City of Steamboat Springs. The fireworks for the Winter Carnival are donated to Winter Sports Club. All fireworks displays are conducted off-site. The applicant has a State of Colorado Department of Public Safety Display Operator of Fireworks and a Federal Explosives License/Permit for the importation, manufacture, distribution and storage of explosive material. Copies of permits were included as part of the application submittal. Although the applicant has obtained Federal and State permits, he was unaware that a local permit was required for the use as well. Site Description: The permit area is approximately 68 acres and is bisected by CR 129. The applicant s residence is located on a 25 acre parcel on the east side of CR 129. The Home Industry is located on a 43.5 acre parcel on the west side of the highway.
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit The site area for the Home Industry on the western parcel is an open flat area and the use is conducted inside 3 storage buildings located approximately 320 feet from the closest property line. Another adjacent building is used for agricultural purposes and storage. Project Description: The request is for a Home Industry for the storage and manufacture of fireworks as incendental to the residential use of the property. The use is conducted inside three of the four buildings as indicated on the attached site plan. Specifically, the request is to build fireworks sufficient for 1-2 displays per year during a 2 to 5 week time period. The request also includes the storage of associated equipment/material to make and display fireworks shows off-site. No fireworks will be set off at this location. The proposed use is solely for the making and storage of fireworks. There are no full time paid employees for the use. There are 3 volunteers who assist with the production and 1 shell fabricator who is an independent contractor that works during the construction period, typically between the hours of 8:00am and 6:00pm. Traffic to the site is minimal. During the construction period, there are about 3-4 deliveries to the site via UPS, FedEx or by the applicant. Building #1 Description: Workshop/storage. The workshop is a small part of Building #1 and is used to build the shell of the firework. The shell is made of packing paper. Firework mortar tubes are stored adjacent to the workshop in the same building. Storage Workshop Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit Workshop Mortar Storage Building #2 Description: Seasonal Workshop. The seasonal workshop is used to store and mix materials that will be placed inside the shell to create the fireworks display. This process is conducted only in a portion of Building #2 that meets federal permit requirements for safety and ventilation. Ag Storage Area BLDG#2 Seasonal Storage Building Mix Workshop Area Ag Storage Building- not part of use Inside mix workshop area Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit Building #3 Description: Firework Storage Container The container is approved by the ATF for the storage of explosive magazines. Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit Staff Comments: The use is conducted within accessory structures. There is no outdoor storage associated with the use. The site is routinely inspected by State and Federal agencies and has current permits with each agency. The area surrounding the firework storage magazine is clear of rubbish, brush dry grass and trees. The building and use meet setback requirements. Minimal traffic is expected from the use. The use meets the Standards for a Home Industry in Section 8.17 of the regulations. Fireworks are not tested at the site, limiting noise concerns. Requests for comments were sent to involved and interested agencies. The following responded. o The Building Department responded that the buildings in question will likely require building permits for the change of use and recommended that the applicant contact staff to review and address comments. This has been made a condition of approval. o Steamboat Springs Rural Fire Department has inspected the site and has no issue with the use. o Routt County Sheriff also has inspected the site and has no issue with the use. Compliance with the Routt County Master Plan, Sub Area Plans and Zoning Resolution The Routt County Master Plan, Sub Area plans and Zoning Regulations 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 seven (7) major categories: 1. Health, Safety and Nuisances 2. Regulations and Standards 3. Standards for a Home Industry 4. Community Character and Visual Impacts 5. Roads, Transportation and Site Design 6. Natural Environment 7. Mitigation Interested parties are encouraged to review the Master Plan, Sub Area plans and Zoning Regulations 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 about which the public, referral agencies, or planning staff have expressed questions and/or commentsregarding Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit 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 5.1.1 Every use shall be operated so that it does not pose a danger to public health, safety or welfare. 5.1.2 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. 6.1.7.C 6.1.7.H 6.1.7.I 6.1.7.L 6.1.7.M Natural Hazards Wildland Fire Noise Odors Vibration Staff comments: The processing of this application is not intended to duplicate the review conducted at the State and Federal levels with which the applicant is in compliance. On the local level our focus is on the land use and the potential noise, vibration, smoke, dust, odors, light and traffic impacts the use may have on surrounding property. The use consists of storage and manufacture of a fireworks, conducted inside of the existing buildings on site. The materials needed to make a firework are properly stored and the buildings meet setback requirements. Fireworks are not set off, tested or displayed at the site, therefore, no noise, odors or vibrations are expected. **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 6.1.2 The proposal shall be consistent with applicable Master Plans and sub-area plans. 6.1.5 The proposal shall meet or exceed accepted industry standards and Best Management Practices (BMP s). Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit Applicable Policies Routt County Master Plan 5.3.A 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. Require Best Management Practices and grading plans and strongly discourage overlot grading. Staff comments: The use is conducted inside of 3 of the 4 existing accessory buildings on the western parcel. The buildings meet regulatory standards for the required State and Federal permits and meet the dimensional standards of the AF zone district. However, it appears that these buildings do not have building permits, which would now be required due to the change of use from solely agricultural use to the current use. As such, the buildings will be reviewed for the use under the 2015 International Building Codes that may include best management practices. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Standards for a Home Industry Regulations and Standards Applicable Regulations Routt County Zoning Resolution 8.17 A. The owner or manager shall be a full-time resident of, and operate the home industry. 8.17 B. All activity related to the home industry must be conducted within or adjacent to the Dwelling Unit or within an accessory structure. Limited outdoor storage is permitted in accordance with the regulations of Section 6. 8.17 C. In the A/F Zone District a maximum of 8 on-site employees, including those residing in the Dwelling Unit, are permitted to work in connection with the home industry. In all other Zone Districts a maximum of 3 on-site employees, including those residing in the Dwelling Unit, are permitted to work in connection with the home industry. Staff comments: The applicant is the owner of two adjacent parcels that make up the permit boundary for the use. Each parcel is located on either side of CR 129. The owners residence is located on the east parcel and the proposed use is conducted inside of accessory structures that are located on the western parcel of the permit boundary. There is outdoor storage for agricultural equipment on site but no outdoor storage as part of the use proposed. There are no full-time employees. There are 3 volunteers and 1 consultant who typically work on-site between the hours of 8:00am and 6:00pm during fireworks construction, which occurs approximately 2-5 weeks of the year. Overall, traffic to the site is minimal. During the construction period, there are about 3-4 deliveries via UPS, FedEx or by the applicant. Based on the above information and a site inspection of the property, staff has determined that the proposed use would not change the appearance of the residential/agricultural use of the property. Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit **Is the application in compliance with the Policies and Regulation outlined above? Yes or No Community Character and Visual Concerns Applicable Regulations Routt County Zoning Resolution 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 6.1.6 Outdoor Lighting: The proposal shall comply with the Outdoor Lighting Standards in Section 6.3 of these Regulations. 6.1.7.G 6.1.7.K 6.1.7.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: There is no outdoor storage associated with this use. There is a firework storage container approved through the ATF for explosive magazines. The use is conducted inside of existing accessory structures on site. No signage or outdoor lighting is proposed, but if proposed in the future, lighting would need to be downcast and opaquely shielded. Any signage would have to meet the standards in the regulations. The property is zoned Agricultural Forestry and the permit boundary is 68 acres. Surrounding uses are residential with Elk River Estates and Deer Mountain Estates to the south and east and larger ranch properties to the north and west. Although the site falls into the mapped skyline area, the buildings are not skylined. The accessory buildings are existing metal structures used for agriculture storage, as well as for a workshop and storage for the use. **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 Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit 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 6.1.4 Public Road Use Performance Standards: The proposal shall comply with the Public Road Use Performance Standards in Section 6.2 of these Regulations. 6.1.7.A 6.1.7.B 6.1.7.N Public Roads, Services and Infrastructure Road Capacity, traffic, and traffic safety Snow Storage Staff comments: No new buildings or outdoor storage are being proposed. There are no wetlands or critical wildlife concerns. All activity for the use is done inside of the buildings. Fireworks are not tested or displayed at the site so potential impacts are expected to be low. **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 6.1.7. D Wildlife and Wildlife Habitat. 6.1.7. E Water Quality and Quantity. 6.1.7. F Air Quality. 6.1.7. J Wetlands. 6.1.7. P Reclamation and Restoration. 6.1.7. 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. Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit Staff comments: No new buildings or outdoor storage are being proposed. There are no wetlands or critical wildlife concerns. All activity for the use is done inside of the buildings. Fireworks are not tested or displayed at the site so potential impacts are expected to be low. **Is the application in compliance with the Policies and Regulations outlined above? Yes or No Mitigation Techniques 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, citing 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, 6 and 8.17 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 5, 6, and 8.17. 2. Any complaints or concerns that 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. 3. 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. Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit 4. No junk, trash, or inoperative vehicles shall be stored on the property. 5. This approval is contingent upon the acquisition of and compliance with any required federal, state and local permits. 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 the commencement of operations. 6. Fuel, flammable materials, or hazardous materials shall be kept in a safe area and shall be stored in accordance with state and local environmental requirements. 7. All exterior lighting shall be downcast and opaquely shielded. 8. All trash shall be stored either inside a garage or inside Interagency Grizzly Bear Committee (IGBC) certified receptacles 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 any 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 permit 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 for 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. 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 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. The use is limited to: Non-commercial firework manufacturing and storage. No outdoor storage associated with the Home Industry. All activity related to the use shall be conducted inside. The use is a seasonal/part-time use no more than 6-months out of the year. Routt County Planning Department
PC 09/20/18 BCC 10/02/18 Activity # PL-18-167 Steamboat Fireworks for Free Special Use Permit Hours of operation are 8am-6pm during the construction phase. No testing or display of fireworks on the property. 15. The Special Use Permit (SUP) is valid for the life of the use 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 16. Any required permits from the Building Department shall be obtained and any inspections completed before operations commence. Routt County Planning Department
PL-18-167 Borden VALLE Y VIEW R AD O Borden House TOW HE E TRAIL #1 Firework Workshop/Storage Gate #3 Firework Storage Container Ag Storage Building #2 Firework Seasonal Workshop 129 206 ««Outdoor Ag Storage 44 «This map is for planning purposes only. It was prepared from publicly available information. Any other use or recompilation of the information is the sole repsponsibility of the user. This map should not be used to establish legal title, boundary lines, locations of improvements or utilities, or relied upon in any flight activity. Routt County expressly disclaims all liability regarding accurracy or completeness of this map. $ Date Saved: 9/11/2018 5:09:55 PM Document Path: Q:\projects\depts\planning\Borden\Borden.mxd 0 1:6,000 500 1,000 Feet Coordinate System: NAD 1983 StatePlane Colorado North FIPS 0501 Feet Parcels Borden Permit Area