Eagle County Planning Commission August 15, 2018 Project Name : File No./Process : Location : Owner : Applicant : Representative : Staff Planner : Staff Engineer: Recommendation: Bergstreser Gunsmith ZS-7657 - Special Use Permit 4476 Sweetwater Road, Gypsum Matt Bergstreser Matt Bergstreser Matt Bergstreser Kris Valdez, MURP, AICP Richard Davies, PE, PTOE Conditional Approval for a Special Use Permit I. Background: The Applicant is seeking approval to operate a gunsmith business as a home occupation on the property located at 4476 Sweetwater Road. The property is zoned Resource. A home occupation is typically a Use by Right in the Resource Zone District, but the existing property is less than the 35-acre minimum lot size required in the Resource Zone District. Therefore, the use requires a Special Use Permit per Eagle County Land Use Regulation (ECLLUR) Section 6-120 - Nonconforming Lots of Record. A Home Occupation is defined in the the ECLUR as,...the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support, only by residents of the dwelling unit, that do not serve patrons on the premises, except in an incidental manner. Staff did not receive any letters of concern from referral agencies, which included emergency service providers.
According to the application, the business model is an internet-based business consisting of general repairs and maintenance of firearms. The internet will be used to sell products and no sales will be conducted at the residence. Little to no inventory will be stored at the residence since most products are drop shipped directly from a manufacturer's warehouse. The address for the residence will only be used as a business and shipping address for items shipped directly to the Applicant for repairs. The address will not be used as a point of retail sales nor will any signage associated with the business be displayed at or on the premises. All work will be done inside the building and no noise, vibration, smoke, fumes, heat, glare, radiation, or electrical interference will be produced. As previously mentioned there will be no change to the current property. All work will be either computer-based or done on a small workbench inside the accessory building using basic hand tools. Additionally, as this business grows to one of a more full-time nature, it is the intention of the Applicant to move the business to a new location away from the residence. The business would be moved from a home-based occupation to a new location if the following things occur: Page 2 of 9
1. Having more than 1 employee; 2. Requiring any type of retail space that would warrant a Store Front ; 3. Requiring more space than available in the current building; 4. Or when customer demand requires a closer Business Location in a commercial space. It should also be noted that this application requires a full federal background check and approval of the local Sheriff to meet the requirements of the federal permit. According to the Applicant, he met with Sheriff Van Beek personally March 15, 2018. Sheriff Van Beek had no issues with the Applicant s request and wished him the best of luck. II. Overview of Standards and Findings Pursuant to ECLUR Section 5-250, Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. This request is for a home occupation for gunsmithing, which is a Use By Right in the Resource Zone District. Because the subject property is less than 35 acres in size, the Applicant is required to obtain a Special Use Permit for the home occupation. The purpose of the analysis for this proposed use is to ensure that the proposed use is consistent with the Eagle County Comprehensive Plan, is Compatible with surrounding uses, complies with all underlying Zone District Standards, the Design Minimizes Adverse Impact as well as Environmental Impact and Impacts on Public Facilities, and the proposed use complies with Site Development Standards or Other Provisions as applicable. Service and emergency service providers are notified and either provided no comments or stated that there were no concerns with the home occupation. All Special Uses shall meet the standards set forth in this Section, as follows: Standard Consistent with Comprehensive Plan ECLUR s: The proposed Special Use shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. Finding Response : According to the Section 3.3.9.o, of the Eagle County Comprehensive Plan, Future economic development in Eagle County should center on area s existing amenities, while encouraging new knowledge and technology-based enterprises. The Comprehensive Plan goes on to state two recommended strategies which support the application which is Encourage home occupation Page 3 of 9
(lone eagle) uses. and Provide a positive regulatory and tax environment that rewards viable entrepreneurial activity. The Comprehensive Plan encourages home-based occupation and this proposed use would be a Use by Right if the property was 35 acres in size. Compatibility ECLUR s: The PUD Amendment does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest. Response : The home occupation will be completely contained within an existing accessory building on the site and will not impact adjacent land, services, or current infrastructure improvements. Zone District Standards ECLUR s: The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Response : As stated previously, the proposed home-based occupation is a Use by Right in the Resource Zone District on properties which are 35 acres or larger. The Applicant is required to obtain a Special Use Permit since the property is.86 acres. Design Minimizes Adverse Impact ECLUR s: The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. Response : The use has generally been designed to minimize adverse impacts on adjacent lands and the proposed use, as conditioned, meets or can meet this standard. The business is one that does not generate noise, pollution, smoke, or fumes. There is no onsite parking as the business does not have a storefront or clients visiting the site. Design Minimizes Environmental Impact ECLUR s: The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Response : The application demonstrates that the proposed use will minimize potential environmental impacts as conditioned and based on: 1) the overall design of the use; 2) the scale, and 3) the location of the use relative to surrounding existing and future uses. As depicted within the application, the business is located entirely inside an existing building. Therefore, there will be no environmental impact. Page 4 of 9
Impact on Public Facilities ECLUR s: The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Response : The proposal meets this standard. Specifically, the business will not have a storefront so customers will not be traveling to or from the business. We expect a slight increase in deliveries from (USPS, UPS, FedEx, Etc. ) Most couriers already travel the road daily. Therefore, the business will have little to no new impact. Site Development Standards ECLUR s: The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Response : The proposed use is designed to adhere to appropriate (applicable) standards from Article 4. Specifically, parking and loading areas for infrequent deliveries can be provided for on-site; landscaping is provided; no signage is proposed; natural resource protection standards have been considered. The project does not pose additional demands for parking, access or other improvements associated with the limits of the proposed project, therefore do not increase the impacts to the area. Other Provisions ECLUR s: The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Response : Please see the table below discussing Section 3-310.F.2, Home Occupation. Standard Use Subordinate. ECLUR s: The use of a dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change its basic residential character. Finding As stated earlier, there will be no change to the current property. All work will be either computer-based or done on a small workbench inside the accessory building using basic hand tools. Activity Conducted Indoors ECLUR s: All activities associated with a home occupation shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building. Page 5 of 9
All work will be done inside the accessory building adjacent to the existing residence. Parking ECLUR s: A home occupation shall not generate the need for any additional parking other than that required for the principal residential use of the property. No additional parking will be required for the home occupation. The Applicant will either drive to the post office to collect orders or a delivery truck will drop off the client's projects. Sales ECLUR s: Incidental sale of supplies or products associated with a home occupation shall be permitted on the premises. A home occupation whose primary activity is retail sales shall be prohibited, except if the home occupation is for catalogue sales. As stated in the application, no retail sales will take place on the property. Nuisance ECLUR s: A home occupation shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises. All work will be done inside the accessory building and no noise, vibration, smoke, fumes, heat, glare, radiation, or electrical interference will be produced. Codes ECLUR s: The building housing the home occupation shall comply with all County or State building, fire and safety codes applicable to the particular business. The Applicant needs the Special Use Permit approval to qualify for the federal permit. It should also be noted that this application requires a full federal background check and approval of the local Sheriff. As stated previously, the Applicant met with Sheriff Van Beek personally March 15, 2018. Sheriff Van Beek had no issues with the Applicant s request and wished him the best of luck. Signs and Illumination ECLUR s: Signs and other outdoor structures advertising the home occupation shall not be permitted. Illumination of the structure housing the home occupation shall be limited to that which is customary for the primary residential use of the property. There will be no signage associated with the business to be displayed at or on the premises. Page 6 of 9
III. Referral Responses: Referral copies of this application were sent to twenty-six (26) agencies for review on June 6, 2018. The following section lists the agencies that submitted an official referral response to Eagle County prior to the date of this report. Please see attached referral agency response letters/emails for the full text of each response: Eagle County Planning Division - provided formal written comments on June 27, 2018, asking what standard would require the business to be moved to a different location as stated in the Application. The Applicant responded that the business would be moved from a home-based occupation if the following things occur: 1. Having more than 1 employee 2. Requiring any type of retail space that would warrant a Store Front 3. Requiring more space than available in the current building. 4. Or when customer demand requires a closer Business Location in a commercial space. Eagle County Engineering Department - provided formal written comments on June 11, 2018, stating there were no concerns with the Application. Gypsum Fire Protection District - provided comments on May 14, 2018, stating they had no concerns regarding the home based business. Town of Gypsum - provided comments on June 8, 2018 - not have any comments to submit regarding this referral because of the location of the request. Colorado Parks & Wildlife Department (CPW) - provided comments June 20, 2018 - the agency didn t have any comments for the application. IV. STAFF FINDINGS AND RECOMMENDATION Staff is recommending conditional approval of this application. The proposal, as recommended, meets or exceeds all applicable standards for a Special Use Permit. Recommendation : Approval with Conditions Based upon a thorough analysis of the standard for a Special Use Permit for a home based business for gunsmithing; and based on staff s review of the proposed project on the subject property, the staff is recommending conditional approval of the request. As such, Section 5-250, E Conditions and Restrictions on a Special Use Permit (ECLURs, p. 5-55) is pertinent to any consideration of conditional approval, wherein: The Planning Commission may recommend and the Board of County Commissioners may, in approving any Special Use Permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to Page 7 of 9
such approval, as it determines are required by the general purposes, goals, objectives, and policies of the Comprehensive Plan, the FLUM of the Comprehensive Plan, and these Land Use Regulations, to prevent or minimize adverse effects from the proposed development on surrounding land uses and on the general health, safety, and welfare of the County. The County shall be authorized to set limits on the length of any Final or Consolidated Special Use Permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any Special Use Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Special Use Permit. V. PLANNING COMMISSION OPTIONS Recommended: 1. Approve File No. ZS-7657 with conditions and/or performance standards if it is determined that, as conditioned, the proposed use fully complies with all the standards for the special use permit. Other Options: 2. Deny File No. ZS-7657 if it is determined that the proposed use will not fully comply with all the standards for the special use permit. 3. Table File No. ZS-7657 if additional information is required to fully evaluate the request. Give specific direction to the petitioner and staff. Suggested Motions: PROPOSED MOTION: To recommend approval of the special use permit I hereby move to recommend approval of File No. ZS-7657 to the Board of County Commissioners, incorporating staff s findings and recommended conditions, as these meet the standards for approval of a Special Use Permit. VI. RECOMMENDED CONDITIONS OF APPROVAL 1. Except as otherwise modified by this development permit, all material representations made by the Applicant (in this application and in public meeting) shall be adhered to and considered conditions of approval. ALTERNATIVE MOTION: To recommend denial of the special use permit Page 8 of 9
I hereby move to recommend denial of File No. ZS-7657 to the Board of County Commissioners, as the proposal does not meet the standards for approval of a Special Use Permit. [During deliberations, you will have already discussed which standards have not been met]. VII. ATTACHMENTS/EXHIBITS 1. Application 2. Referral agency comments Page 9 of 9