FORESTRY CONSULTING HOME BUSINESS DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT

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					                  FORESTRY CONSULTING HOME BUSINESS
         DEVELOPMENT PLAN 07-0027 AND CONDITIONAL USE PERMIT 07-0006

                               STAFF REPORT: JENNIFER BODINE
                                      JANUARY 31, 2008


APPLICANT: Rogers Trueheart Brown

OWNERS:          Jan R. Morlino and Rogers Trueheart Brown

AGENT:           N/A

REQUEST:         Final Development Plan approval, pursuant to Section 51200, Development Plan, and
                 Conditional Use Permit approval, pursuant to Section 5140, Conditional and Special
                 Uses, of the Teton County Land Development Regulations, to run a forestry consulting
                 business specializing in wildfire risk reduction/mitigation from the applicant's home.


                                    STAFF RECOMMENDATION

Staff recommends that the Planning & Zoning Commission recommend APPROVAL of Development
Plan 07-0027 and Conditional Use Permit 07-0006 based upon finding that the applications meet all
applicable standards set forth in the Teton County Land Development Regulations with the following
conditions:

   1. No more than twenty-five (25) percent of the maximum habitable floor area of the dwelling
      housing the home business shall be occupied by the home business (Note: the applicant currently
      complies with this condition, but will soon be building a new home. Staff will check the new
      home for compliance with this regulation when the building permit application is submitted).

   2. All new fencing erected on the property shall comply with Section 49220, Wildlife Friendly
      Fencing.

   3. The site plan submitted with the building permit applications for the proposed new home and
      garage/shop shall identify the waterbody on the property and shall depict the appropriate
      waterbody setback.

   4. The site plan submitted with the building permit applications for the proposed new home and
      garage/shop shall depict the four required parking spaces.

   5. All trash shall be stored in bear resistant containers or within a bear resistant enclosure.



                                            BACKGROUND


SITE DESCRIPTION:

   Zoning:          Neighborhood Conservation – Single Family (NC-SF) with no overlay

   Property Size:   6.02-acre property

   Property         Red Top Meadows, Part Tract J, Parcel A. 8255 S. Fall Creek Road. Located east of
   Location:        the Redtop Ridge Subdivision (S11, T39N, R117W).

   Existing         A single family home and two sheds exist on the property.
   Development:




Planning & Zoning Commission                  NB 1-1                                       February 11, 2008
DEV 07-0027 & CUP 07-0006                                                                 January 31, 2008


VICINITY MAP:




                                             KEY ISUES


ISSUE 1:            Will the proposed home business significantly impact the community character of
                    the surrounding neighborhood?
Community
Character           The applicant’s proposal will not significantly impact the surrounding community
                    character. The visual impact of the applicant’s proposal will be minimal, if apparent
                    at all. All business-related equipment will be stored within a structure, no signs or
                    merchandise will be displayed, and the home and garage will be located towards the
                    rear of the 6-acre property, well off of Fall Creek Road. Most work will be
                    conducted offsite. Clients will not be coming to the home. Employees will be
                    traveling out the homes of clients. The applicant’s two employees may work from
                    time to time out of the home office, but for the most part will be working offsite. No
                    significant increase in UPS/FedEx deliveries are expected, so neighbors should not
                    be significantly impacted by noise or increased traffic.

                    The applicant does not intend to store any hazardous materials onsite. The applicant
                    also states that, “all work on equipment would be done in such a way as to minimize
                    the noise, light, or other adverse effects. Work done outside the shop on equipment
                    would be done during daylight hours, although circumstances may arise when
                    maintenance must be done immediately and work will be carried out later or earlier
                    than dawn or dusk, all reasonable steps will be taken to avoid this situation.”



                      RELATIONSHIP TO THE COMPREHENSIVE PLAN


Chapter 1: Community Vision
To guide and manage change and development to:
    support and promote a diverse social and economic population that includes a resident work force;
    preserve the traditions and character of the Rocky Mountain West and Wyoming, including ranching
    and through architectural design;
    promote economic sustenance that does not depend on population growth;
    set aside, for generations to come, scenic vistas and wildlife habitat;
    maintain and enhance environmental quality, including air and water quality; and
    maintain outdoor recreation and adventure opportunities.

The guiding principles shown below have been articulated to reconcile the benefits of growth with the
benefits of growth management.




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DEV 07-0027 & CUP 07-0006                                                                  January 31, 2008


    1.    Teton County’s wildlife and scenic resources are a local and national treasure, and, therefore,
          the community recognizes a stewardship responsibility for their protection. Future
          development in Teton County will take place in this context.
    2.    Teton County is a community first and a resort second. Social diversity is a defining
          characteristic of the community, and sufficient housing is seen as essential to retain that
          characteristic in the future. High-end residential and commercial development will not be
          permitted to dominate the community at the expense of affordable housing opportunities for
          permanent residents.
    3.    The intent of this Plan is to create conditions for a sustainable visitor-based economy not
          dependent upon growth, and an economy that reflects the unique small-town, Western
          commercial character of Jackson, and the outdoor recreational opportunities of Teton County
          as key components of the visitor experience.
    4.    As a community grounded in values of individualism, fairness and hospitality, the intent of this
          Plan is to provide property owners and local businesses with as much flexibility as possible in
          the use and development of their property. Local elected officials will be entrusted with
          discretionary decision-making power to protect public health, safety and welfare.

Complies. Home businesses provide landowners in the County with the flexibility needed to get their
businesses off the ground without significantly impacting the community character of the surrounding
neighborhood. The applicant’s business proposal contributes to the unique local economy without having
an impact on the surrounding neighborhood. Most work will be conducted offsite and no signs or
merchandise will be displayed. All business-related equipment will be stored within a shed or garage.

Chapter 2: Population, Economy, and Growth
Goals:
   1.    To manage growth based on the community character vision, so that growth achieves
         beneficial outcomes throughout the community.
   2.    To support a balance of growth among residential, commercial, and resort development to
         preserve and enhance community character.
   3.    To encourage enhancement of the types of visitor services that emphasize the area’s unique
         outdoor attributes.
   4.    To define the future boundaries of growth necessary to preserve community character.
   5.    To manage the rate of growth in the residential, resort and commercial sectors in a way that
         allows the community to change while preserving community character.

Complies. The applicant’s proposal does not contribute significantly to growth. The applicant will be
conducting a small business out of his existing home and will require the assistance of only two additional
employees.

Chapter 3: Community Character
Goals:
   1.    To maintain a sense of place and of community, and a way of life based upon Teton County’s
         western heritage.
   2.    To protect Teton County’s natural and scenic resources, including wildlife, as a primary
         element of community character.
   3.    To maintain social and economic diversity.
   4.    To maintain a balance between visitation and community life.
   5.    To preserve the character of some existing neighborhoods and commercial centers and to
         enhance others through redevelopment.
   6.    To guide the development of “mixed-use villages.”

Complies. The applicant’s proposal will not significantly impact the surrounding community character.
The visual impact of the applicant’s proposal will be minimal, if apparent at all. All business-related
equipment will be stored within a structure, no signs or merchandise will be displayed, and the home and
garage will be located towards the rear of the 6-acre property, well off of Fall Creek Road. Most work
will be conducted offsite. Clients will not be coming to the home. Employees will be traveling out the
homes of clients. The applicant’s two employees may work from time to time out of the home office, but
for the most part will be working offsite. No significant increase in UPS/FedEx deliveries are expected,
so neighbors should not be significantly impacted by noise or increased traffic.

Chapter 4: Natural and Scenic Resources
Goals:
   1.    To preserve and protect wildlife habitat, including continuous migration corridors.
   2.    To protect environmentally sensitive and physically unsafe areas from development.
   3.    To preserve the scenic quality of the environment.
   4.    To protect significant natural features and land forms.
   5.    To encourage restoration of environmentally degraded areas.



Planning & Zoning Commission                 NB 1-3                                       February 11, 2008
DEV 07-0027 & CUP 07-0006                                                                 January 31, 2008


    6.    To preserve open space.
    7.    To foster, promote and encourage ranching.

Complies as conditioned. Please refer to the discussion under “Article III, Natural, Scenic, Agricultural,
and Tourism Resources Protection”.

Chapter 5: Affordable Housing
Goals
   1.    To provide a variety of quality affordable housing for Teton County’s socially and
         economically diverse population.
   2.    To establish a balanced program of incentives, requirements, and public and private actions to
         provide affordable housing.

Not Applicable. The Teton County LDRs do not require the applicant to provide affordable or employee
housing with this proposal.

Chapter 6: Commercial and Resort Development
Goals:
   1.    Economic development efforts shall be consistent with community character, natural resources
         and affordable housing goals.
   2.    To preserve and protect the economic vitality of the community by ensuring that the quality of
         the natural and built environment and unique western character are maintained.

Complies. The applicant’s proposal will not significantly impact the community character of the
surrounding neighborhood. All business-related equipment will be stored within a shed or garage, no
signs or merchandise will be displayed, the number of UPS/FedEx deliveries is not expected to increase,
and the majority of work will be conducted offsite.

Chapter 7: Community Facilities
Goals:
   1.      Anticipate community facility needs due to planned levels and locations of growth.
   2.      Maintain up-to-date Town and County development exactions, and/or adopt impact fees,
           which ensure that growth pays its fair share of the costs of park and recreation facilities,
           transportation, water supply and wastewater treatment facilities, fire protection facilities,
           government facilities and schools.

Complies. The applicant’s proposal will not significantly impact community facilities. The applicant will
be running his business out of his existing home with existing road, water, and sewer services. A few
additional deliveries may be made to the site. Also, two additional people will be employed by the
business. However, as stated previously, the majority of the work will be conducted offsite, as this is a
forestry consulting business. The employees will meet with individual property owners on their individual
properties.

Chapter 8: Transportation
Goals:
   1. To systematically plan for future mobility that meets the needs of residents and tourists within the
         context of community character.
   2. To decrease the rate of anticipated vehicular traffic growth in the community.
   3. To improve the safety and efficiency of the transportation system in Jackson and Teton County.
   4. To coordinate the administration of the overall transportation system.

Complies. The home business will be conducted out of an existing home with existing access to Fall
Creek Road.

Chapter 9: Intergovernmental Coordination
Goal:
   1.      To achieve a high level of cooperation and coordination among the various state, federal,
           and local agencies operating in Teton County.

Complies. Please refer to the “Required Reviews” section of this staff report.

Chapter 10: Agricultural Resources
Goals:
To encourage agricultural activities in Jackson Hole because:
    1. It is productive use of land.
    2. It contributes to Jackson Hole’s unique community character.
    3. It provides and maintains critical habitat for wildlife.


Planning & Zoning Commission                  NB 1-4                                     February 11, 2008
DEV 07-0027 & CUP 07-0006                                                                      January 31, 2008


     4. It is the primary foreground view for the scenic vistas so popular among tourists and residents
        alike.
     5. It is a tourist attraction in and of itself and as well as providing a context for such attractions as
        the rodeo and County Fair.
     6. It lends diversity and tradition to a rapidly changing area.

Not applicable. The proposal is for a home business on NC-SF District land. No agricultural land is
impacted by the applicant’s request.


       RELATIONSHIP TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS


Section 2220, Definitions for Use Schedule

Complies. The applicant is proposing to run a forestry consulting business specializing in wildfire risk
reduction/mitigation from his home. Home businesses are permitted in the Neighborhood Conservation –
Single Family (NC-SF) District with a Conditional Use Permit.

Section 23700, Home Business

Home businesses shall meet the following standards:

A.     Uses Permitted. No home business shall have more than three (3) employees and may include
       contracting businesses; service businesses (see Subsection 2220.B.4.d, Service); offices; music, art,
       or other schools; art studios and galleries.
       Complies. The applicant’s proposed business is defined as a service by the LDRs and only three
       people, including the applicant, will be employed by the business.


B.     No Adverse Effect on Character of Residential District. The home business shall not change the
       residential character of the lot or adversely affect the uses permitted in the zoning district of which
       it is a part.
       Complies. All of the applicant’s business related equipment will be stored inside and virtually all
       work will be conducted off-site, resulting in no distinct change to the residential character of the lot.
       No signs or merchandise will be displayed.


C.     Employment. No more than two (2) persons residing off-premises may be employed on the
       premises.
       Complies. As stated previously, the applicant will only be employing two additional people.


D.     Vehicles/Materials Located in Buildings. All vehicles and materials must be located within
       buildings, and shall not remain outside.
       Complies. The applicant has stated that all vehicles and materials will be stored inside the garage
       shop.


E.     Area Devoted to Home Business. No more than twenty-five (25) percent of the maximum
       habitable floor area of the dwelling housing the home business shall be occupied by the home
       business; however, part or all the permitted outbuildings (nonhabitable floor area) may be used for
       the business.
       Complies as conditioned. The applicant intends to have a 100 square foot office inside his home
       that is currently 1,300 square feet, which results in substantially less than twenty-five (25) percent
       of the home being occupied by the home business. The applicant intends to build a new home in the
       near future and will demolish the existing home once the new home is complete. When the building
       permit is submitted, Staff will review the plans to ensure that the applicant still complies with this
       standard (see Condition #1).


F.     Parking. All parking shall be provided on-site, and shall be located to the rear of the structure or
       in another location that is visually unobtrusive.




Planning & Zoning Commission                    NB 1-5                                        February 11, 2008
DEV 07-0027 & CUP 07-0006                                                                   January 31, 2008


      Complies. All existing and proposed structures are located at the rear of the lot; well over 400 feet
      from Fall Creek Road. Existing and proposed parking will be provided either in the garage or
      beside the house and garage/shop that will be located far from Fall Creek Road.


G.    Display. There shall be no window display or other public display of material or merchandise
      connected with the home business.
      Complies. The applicant will not be selling merchandise and therefore does not intend to display
      merchandise on the property.


H.    Signage. Only one (1) wall sign not to exceed two (2) square feet in area and attached to the
      house shall be permitted.
      Complies. The applicant has stated that he currently has no signage plans, but will conform to the
      requirements if he chooses to display one in the future. The applicant has been advised that he will
      need to apply for a sign permit if he chooses to place a sign on his property.

Table 2400, Schedule of Dimensional Limitations

Complies. Properties greater than 3 acres within the NC-SF District are required to meet the following
dimensional limitations:

Street yard setback = 50 feet
Rear yard setback = 40 feet
Side yard setback = 30 feet

The existing structures on the property comply with above setback requirements. In the future, the
applicant intends to apply for building permits to construct a 3,000-3,500 square foot garage/shop and a
4,500-5,000 square foot home. Compliance with all dimensional limitations will be determined when the
applicant submits building permit applications for these structures.

Section 2421, Maximum Floor Area Standards for Residential Sites in the Neighborhood
Conservation and Rural Zoning Districts and Section 2425, Maximum Site Development Standards
for Residential Sites in the Rural and Neighborhood Conservation Zoning Districts

Complies. The applicant is permitted the following Maximum Floor Area and Maximum Site
Development on the subject property:

Maximum Site Development: 24,992 square feet
Maximum Floor Area: 10,000 square feet (8,000 square feet of habitable space)

On the property, the applicant currently has approximately 12,500 square feet of site development and
approximately 1,800 square feet of floor area. As discussed previously, the applicant intends to remove all
of the existing structures on the property at some point and bring in building permit applications for a new
home and garage/shop. Staff will review those applications when they come in for consistency with the
LDRs.

Section 2520, Standards in Neighborhood Conservation (NC) District

Subsection 2520.E.2.c, Fencing

Complies as conditioned. This subsection requires that all new fencing erected on the property shall
comply with Section 49220, Wildlife Friendly Fencing. Non wildlife friendly fencing currently exists on
the property. The applicant shall be aware that if over 50% of the linear feet of this existing fence is
replaced, the fence shall be considered new and shall comply with Section 49220 (see Condition #2).

Article III, Natural Scenic, Agricultural, and Tourism Resources Protection

Complies as conditioned. The applicant’s property is located in the Neighborhood Conservation – Single
Family District and is not located in either the Natural Resources Overlay or the Scenic Resources
Overlay. With regard to NC District lands, Section 3260, Applicability states that, “All development,
except new subdivisions, within the NC District shall be exempt from Section 3270, Standards for
Development in the NRO District, except that Subsections 3270.E.1, Trumpeter Swan, 3270.G, Bald
Eagle, and 49220, Wildlife Friendly Fencing shall apply.” There are no issues with regard to trumpeter
swans and bald eagles. Fencing was discussed in the Section above.




Planning & Zoning Commission                  NB 1-6                                      February 11, 2008
DEV 07-0027 & CUP 07-0006                                                                   January 31, 2008


A waterbody does exist on the eastern portion of the property. Staff is not certain if the waterbody is a
stream or a ditch. Regardless, the waterbody is already bridged and no development is proposed at this
time anywhere near it. As stated previously, in the near future, the applicant does intend to remove the
existing structures on the property and build a new home and garage/shop. When the applicant submits
those building permit applications, the site plan shall depict and identify the waterbody and shall also
depict the appropriate setback (see Condition #3).

Division 4100, Landscaping Standards

Not applicable. Section 4120, Applicability states that, “Single Family homes in the NC District on lots
of record as of the effective date of these regulations” are exempt from the standards of this Division.

Division 4200, Parking and Loading Standards

Complies as conditioned. Table 4240, Parking Standards by Use, requires Home Businesses to supply
two parking spaces per dwelling unit plus one additional space per employee. A total of two additional
employees are proposed and there is one dwelling unit on the property. Therefore, the applicant is
required to provide four parking spaces.

The applicant currently has two spaces available inside his garage and four spaces in front of the garage.
When the new garage/shop is built, the applicant will have two spaces within the garage and two beside
the garage. Staff will check the new building permits when they are submitted to ensure that the four
required parking spaces are depicted on the site plan (see Condition #4).

No loading bays are required. The applicant clearly has substantial space on his property for snow
storage.

Division 4700, Transportation Facilities

Complies. The applicant has an existing access to his home off of Fall Creek Road.

Section 49230, Refuse and Recycle Facilities

Complies as conditioned. This section requires that all trash be stored in a bear resistant container or
bear resistant enclosure. Staff is uncertain as to whether the applicant is currently complying with this
standard and is therefore recommending Condition #5.


                                        REQUIRED REVIEWS


This application was forwarded to the Fire Marshal for review. In his review of the proposal, Mr. Palmer
stated that the request, “does not significantly impact fire protection for the property and is acceptable.”


                                NEIGHBORHOOD NOTIFICATIONS


As of the date of this staff report, one comment was received from the adjacent neighbor to the north,
Gregory Smith, stating that he had no objections to the applicant’s proposal.


               STANDARDS FOR APPROVAL OF CONDITIONAL USE PERMITS


The applicant’s response to these standards is included in the application attached.

1.      Consistent with Comprehensive Plan. The proposed Development Plan shall be consistent with
        the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for
        building and structural intensities and densities, and intensities of use.

        As conditioned, this finding can be made. See the “Relationship to Comprehensive Plan”
        section of this staff report.

2.      Compatibility. The proposed Conditional use shall be compatible with the character of the
        immediate vicinity of the land proposed for development including scale, bulk, and general
        appearance.


Planning & Zoning Commission                  NB 1-7                                      February 11, 2008
DEV 07-0027 & CUP 07-0006                                                                 January 31, 2008



       This finding can be made. The applicant’s proposal will not significantly impact the community
       character of the surrounding neighborhood. A small office will be located within the applicant’s
       home. However, all business-related equipment will be stored within a shed or garage, no signs or
       merchandise will be displayed, the number of UPS/FedEx deliveries is not expected to increase,
       and the majority of work will be conducted offsite. As a forestry consulting business, the
       employees will be meeting with individual landowners on their individual properties.

 3.    Minimizes adverse impact. The design, development, and operation of the proposed Conditional
       use shall minimize or mitigate adverse effects, including visual impact of the proposed use on
       adjacent lands; furthermore, the proposed Conditional use shall avoid significant adverse
       impacts on surrounding lands regarding trash, odors, noise, glare, and vibration, and not create
       a nuisance.

       This finding can be made. The visual impact of the applicant’s proposal will be minimal, if
       apparent at all. All business-related equipment will be stored within a structure, no signs or
       merchandise will be displayed, and the home and garage will be located towards the rear of the 6-
       acre property, well off of Fall Creek Road. Most work will be conducted offsite and no significant
       increase in UPS/FedEx deliveries are expected, so neighbors should not be significantly impacted
       by noise or increased traffic.

       The applicant does not intend to store any hazardous materials onsite. The applicant also states
       that, “all work on equipment would be done in such a way as to minimize the noise, light, or other
       adverse effects. Work done outside the shop on equipment would be done during daylight hours,
       although circumstances may arise when maintenance must be done immediately and work will be
       carried out later or earlier than dawn or dusk, all reasonable steps will be taken to avoid this
       situation.”

4.     Minimizes adverse environmental impact. The development and operation of the proposed
       Conditional use shall minimize adverse environmental impacts.

       As conditioned, this finding can be made. Please refer to the discussion under “Article III,
       Natural, Scenic, Agricultural, and Tourism Resources Protection”.

5.     Impact on public facilities. The proposed Conditional use shall not have a significant adverse
       impact on public facilities and services, including transportation, potable water and wastewater
       facilities, parks, schools, police, fire, and EMT facilities.

       This finding can be made. The applicant’s proposal will not significantly impact community
       facilities. The applicant will be running his business out of his existing home with existing road,
       water, and sewer services. A few additional deliveries may be made to the site. Also, two
       additional people will be employed by the business. However, as stated previously, the majority
       of the work will be conducted offsite, as this is a forestry consulting business. The employees will
       meet with individual property owners on their individual properties.

6.     Other relevant standards of the Land Development Regulations. The development and
       operation of the Conditional use shall comply with all standards imposed on it by all other
       applicable provisions of these Land Development Regulations for use, layout, and general
       development characteristics.

       As conditioned, this finding can be made. See the “Relationship to Applicable LDRs” Section
       of this staff report.


                                          ATTACHMENTS


      1.    PRC Comments (email from Rusty Palmer dated 1/31/08)
      2.    Public Comments (returned neighbor notice with note from Gregory Smith)
      3.    Application




Planning & Zoning Commission                 NB 1-8                                      February 11, 2008