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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.11.2008.pdfBO CC -8/11 /2008 DD PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request to review a Conditional Use Permit (CUP) to relocate and stabilize a structure (Glover Cabin) for use as a 'community building', and to repeal Resolution 2006-57. APPLICANT/PROPERTY OWNER: Grand Valley Historical Society, represented by Phil Vaughn LOCATION: 7235 County Road 300, Parachute SITE INFORMATION: 4 acres PARCEL ID#: 2407-173-00-132 ACCESS: County Road 300 EXISTING ZONING: AIR/RD (Agricultural Residential Rural Density) ADJACENT ZONING: AIR/RD (Agricultural Residential Rural Density) and PUD [Battlement Mesa PUD, Medium Density Residential (MOR)] I. DESCRIPTION OF THE PROPOSAL The Applicant, the Grand Valley Historical Society (hereby referred to as 'The Society'), seeks permission to relocate an older log residential structure, the Glover Cabin, from its present lo cation property controlled by Williams Energy, to the NE corner of a parcel owned by the Society. [On that same parcel, the Battlement Mesa School is operating as a Community Building under a Conditional Use Permit (2006-57)]. In its present location north of Parachute , the Glover Cabin is vulnerable to the eroding banks of Parachute Creek. To preserve the structure and adapt it to another use , it is to be moved intact to a foundation to be prepared for it on the Society-owned site . While the move will change the status of the older structure, the relocation has the support of the Colorado Histori cal Society, as it recognizes the need to preserve the cabin. The request is that the frontier cabin be relocated I stabilized on a site where the Battl ement Me sa School is located and used as a community building'. In the AIR/RD Zone District the use as a 'community building' requires a Conditional Use Permit approved by the BOCC . The second portion of the request is to repeal the condition that limits the use of the Battlement Mesa School as a 'com munity building' to 20 persons. The Society would like to replace that condition with language that allows for a maximum of 65 persons . II. BACKGROUND The Society) was awarded a significant grant from the Colorado State Historic Fund for the purpose of rehabilitating I restoring the old Battlement Mesa Schoolhouse to its original condition . Local contribution matches have assisted in comp leting the restoration, with the exception of the surfacing and marking requirements necessary to make the handicapped parking spaces in the parking lot comply with ADA standards. The structure is used as a Community Building , offering meeting space for the communities of Parachute and Battlement Mesa. The original language of Resolution 2006-57 that allowed the 'community building' use for the Battlement Mesa Schoolhouse stated that 'the use of the building. would occur between 8:00 AM and 10:00 PM and would provide meeting space to accommodate a maximum of 20 persons at any one time'. The Applicant seeks to repeal the condition limiting the gathering size to 20 persons and replace it with a maximum occupancy of 65 persons. Ill . SITE DESCRIPTION Initiated in 1897 and expanded in 1907, the Battlement Mesa School is located on th e Old Stone Quarry Road (CR 300). Over time the auxiliary buildings were dismantled, but the schoo l underwent a massive renovation . Never part of the platting for Battlement Mesa PUD, the parcel was deeded to the Society by Roland Gardner, with a right of reverter should the use as a historical site be discontinued. The site is approximately 4 acres, s lopes gently to the north , and is covered in sagebrush and pinyon pines. It is zoned Agricultural /Residen tial I Rural Density (AIR/RD). Its driveway, permitted by Garfield County, is located at the SW corner of the property. A gravel drive follows the outer perimeter of the site to the back of the schoolhouse where a wider gravel pad affords undesignated parking. Handicapped parking is incorporated into the design, but has yet to be fully accomplished. The Certificate of Occupancy (C.O.) for the building has not been issued as the handicapped parking spaces do not meet ADA standards; the parking spaces are not designated with the required signs and the surface to provide wheelchair access into the building is not installed. A bus loop is planned, but not installed. IV. AUTHORIZATION & AUTHORITY As per Section 5.03 the Garfield County Zoning Resolution of 1978 (Code), in the AIR/RD the use of a structure as a 'community building' is permitted with the approval of a Conditional Use Permit (CUP). 'Community Building' is not defined in the Code, but is generally assumed to be a structure that benefits the general community, often used for public gatherings or educational purposes. V. REVIEW CRITERIA IMPIWVEMl·:NT SUHVEY cabin The Conditional Use must satisfy the requirements of its zone (AIR/RD) for lot standards (italics, bold-faced) as stated in 3.02. A Staff response follows each listed standard. 3.02.04 Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option (2003-17) 3.02.05 Maximum Lot Coverage: Fifteen percent (15%). 3.02.06 Minimum Setback: (1) Front yafd: (a) artertal streets: seventy-five (75) feet from street centerline or fifty {50) feet from front lot line, whichever 1s greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (112) the height of the principal building, whichever is greater. 3.02.07 3.02.08 Maximum Height of Buildings: Twenty-five (25) feet. Staff Response CUP: Grand Valley Historical Society- BOCC-8111108 Page 4 The Glover Cabin relocation meets the requirements for the AIR/RD Zone District as defined in 3.02.04 -3.02.07. Section 3.02.08 calls for the CUP to meet provisions of Section 5 (Supplementary Regulations.) Under Section 5.03 of the Code, a Conditional Use Permit must meet the standard (italics, bold-faced). A Staff response follows each listed standard. 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Response On the site, a well (Permit #264602) supplies the schoolhouse. An individual septic system (ISDS) has been installed on the property to serve the domestic wastewater needs of the Community Building which include a small kitchenette and bathrooms. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Staff Response The property is accessed via a driveway from County Road 300 also known as Old Stone Quarry Road which is an improved roadway. The driveway has been permitted and constructed as per Garfield County Road & Bridge requirements. There is an informal gravel parking area. A bus loop is shown on the site improvements survey, but neither it, the access road nor the parking area are surfaced. Staff recommends should the Board approve the request, that the Applicant submit a parking and landscape plan. This plan will need to meet the approval of the Colorado Historical Society so as to be in compliance with their grant requirements. The site plan for the school house included a formal parking area to accommodate up to 12 cars and 2 to 4 accessible parking spaces. Because it is a requirement to satisfy accessibility requirements in structures that host the public, the handicapped (HC) parking spaces and the required surfaced access from the lot to the building shall be installed prior to permit. This will also satisfy the last outstanding requirement of the Building Department: the Certificate of Occupancy. The minimal traffic generated from the limited I intermittent use of the structure will apply a minimal impact to the County Road System. Anticipating a referral to Road & Bridge, the Applicant contacted Jake Mall to ensure that the access was adequate and that no traffic study would be required, confirmed by phone, the statements from Jake Mall represented in the report are in order. The Glover Cabin is to be placed a distance from the schoolhouse, and a straight concrete walk is depicted on the improvement survey. The path is shown to cross over the top of the leach field. Staff consulted David Meade of the Building Department to ensure that this location would not have an adverse effect on the functioning of the leach field, and it will not. In the narrative portion of the application, however, it is stated that the path will be concrete or gravel. CUP: Grand Valley Historical Society- BOCC -8111108 Page 5 ADA requirements to accommodate access for the mobility impaired require smooth, hard surfaces that meet the requirements for slopes. (ADA requirements call for a slope of 1 :20 or 4%, or for a design that allows for shorter sections of a steeper grade with smooth, hard-surfaced 'pull-outs' where an individual in a wheelchair, or that individual's motor assistant, can rest.) A surfaced trail access to the Glover Cabin shall be designed to meet ADA requirement, and should the Applicant be required to create a landscape plan, the trail access shall be a part of it, as well. Furthermore, if hard-surfaced, the straight path down the gentle grade to the Glover Cabin will become an attractive route for skateboarders. Designing a path that is ADA compliant and not a direct, straight line from schoolhouse to cabin is in the best interest of safety. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Staff Response The property is located in a rural area outside of Battlement Mesa. The Glover Cabin will be located at a distance that satisfies the future objectives of the Society. The building's placement also meets the approval of the Colorado State Historical Society. They had asked that the cabin be located so as not to impinge on the schoolhouse, in specific, the views out the windows to the north. The schoolhouse is in its original location and both the cabin and the school building are located a significant distance from the County Road. As the Glover Cabin as an example of frontier Garfield County architecture, and will be located with the schoolhouse, there are future opportunities for interpretation of the County's frontier and natural history on the site. It close proximity to the elementary and middle schools enables the site to serve as an interpretive site for area youth. There is no existing landscape plan for the site. Staff recommends that should the Board approve the request, that the Applicant submit a parking and landscape plan. This plan will need to meet the approval of the Colorado Historical Society so as to be in compliance with their grant requirements. According to the Applicant, the site's vegetative types are those that have been its norm for the last several decades. Weeds are present and the site needs to comply with Garfield County's weed abatement requirements. The landscape plan should include weed abatement measures. The Staff review for the schoolhouse renovation stated that 'Staff believes screening the use will only detract from its value and diminish the surrounding character of the area which has been somewhat defined by the use over time. This proposal will only reinforce neighborhood character.' Present Staff review echoes this statement. Future screening might be placed to enclose a waste receptacle, if one is to be used on site. The very open view from the County Road and adjacent properties might assist in safeguarding the structures from vandalism and fire. Erecting a signpost on which a sign could be temporarily installed to direct people to an event on the site might be preferable to a sign that invites the public onto the site when it is unattended. As part of the landscape and parking plan recommended by Staff interpretive signs could enlighten the public about the significance of the historic structures and their preservation. In regard to fences on the periphery, the Improvements Survey reflects that the existing fence is not on the property boundary. CUP: Grand Valley Historical Society- BOCC -8111/08 Page 6 Comments from Development Engineer, John Niewoehner, P.E., state that no easements are depicted for the utilities on the parcel, as well as none for the Garfield County road (CR 300) right-of-way. As this Improvements Survey serves as the site plan, it shall be made to reflect these improvements and legal relationships to accompany the permit. 5.01.03 Signs: In all residential districts, a sign identifying residential use of a lot may be located on the lot; such signs shall be limited to one (1) per principal use and shall not exceed one (1) square foot in area for each dwelling unit up to a maximum of eight (8) square feet. A sign identifying an accessory commercial use in a residential district shall not exceed twelve (12) square feet in area, and shall be limited to one (1) sign per accessory use. In any commercial or industrial district, signs identifying the use of the premises may be located on the lot. Nothing in this Resolution shall be construed to prevent Supplementary location of a temporary sign in any district advertising sale or lease of the premises, provided that such sign does not exceed twelve (12) square feet in area. Staff Response All signs proposed for the site shall conform to the Garfield County Sign Code. 5.01.02 Minimum Off-Street Parking: Parking spaces shall be provided for each use in the loflowmg amounts: (4) Auditorium and public assembly -one (1) space per one hundred (100) square feet of floor area used for seating or assembly; Staff Response Because the square footage of the Glover Cabin is an addition to the use on the site, additional off- street parking spaces calculated on the increase in square footage shall be added to the total provided on site. Because ADA access is being provided in the requirement for the path from the Schoolhouse to the Cabin, no HC parking is required adjacent to the Cabin. Staff finds that the original permit conditions of 2007-57 satisfied the off-street parking requirements for the auditorium seating space available in the Battlement Mesa Schoolhouse. Based on the square footage of the schoolhouse, 1 O parking spaces and one HC space was required; the site has 36. The square footage available in the Glover Cabin would add 2 parking spaces to that total. The parking requirements have met the number of parking spaces required, but the surfacing and signage required must be installed to satisfy the ADA requirements. The permit meets the parking requirement for the public space within the two community buildings. Additional parking would be accommodated on-site in the event of a larger gathering that might take place outdoors in the warmer months of the year. Staff will make the surfacing of the HC parking spaces a condition of approval. REPEAL OF CONDITION #4 in 2006-57 The second portion of the Condition Use Permit application relates to the Battlement Mesa Schoolhouse, administered under a Conditional Use Permit 2006-57 that allows the schoolhouse to be CUP: Grand Valley Historical Society - BOCC-8111108 Page 7 used as a 'Community Building'. The Applicant seeks to repeal Condition #4 which states: 'Use of the building would occur between 8:00 AM and 10:00 PM and would provide meeting space to accommodate 20 persons at one time'. The Applicant has provided evidence that the reason for the request is that there is a demand for the ability to host more people in the facility than was anticipated in 2006, and the facilities at the time of that original CUP were not capable of serving more than 20 persons. Both a well and an ISDS have been installed, as well as bathroom facilities. The utilities and services in the facility have been completed, and there is evidence that the facility has ability to host up to 65 people at one time and comply with fire and sanitation requirements. The facility does not, however, meet the ADA parking requirements for the site. The ADA access for the additional cabin structure shall be required at the time of permit as it is part of the comprehensive site plan and cumulative parking requirements. Statements from the Grand Valley Fire District state that the District approves of the modification to increase the number of attendees, and it is demonstrated that the ISDS and well can meet the demand of 65 persons at one time. Staff Response There is no provision in the Garfield County Code by which the Board can amend a CUP. If the Board chooses to approve the request to increase the number of persons that can assemble in the building from 20 to 65, the most facile way to modify the Conditional Use Permit to ensure that Condition #4 is changed, is to repeal 2006-57 and enter the modified conditions into the language on the new Resolution. Staff recommends that this action be taken to allow the change. There is no threat to the safety and welfare of citizens and the public would be better served with the ability for more persons allowed to attend functions in the community building. VII. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed conditional use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. II. RECOMMENDATION CUP: Grand Valley Historical Society- BOCC-8111108 Page 8 Staff recommends APPROVAL, with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. When the 2008 resolution is written and the Conditional Use Permit is issued, each will state that Resolution 2006-57 and the 2006 Conditional Use Permit are being repealed and replaced. 3. The use of the Battlement Mesa Schoolhouse and Glover Cabin shall be permitted between 8:00 AM and 10:00 PM and the Battlement Mesa Schoolhouse shall provide meeting space to accommodate no more than 65 persons at one time. 3. The Applicant shall submit a site plan or updated Improvements Survey that correctly indicates the parking area for visitors to the property. The total number of parking spaces depicted on the plan shall be based on the cumulative total of floor space for use as auditorium seating. ADA requirements for parking, access and the path to the Glover Cabin shall be incorporated in the site plan, and the ADA portions of the plan shall be constructed prior to the issuance of the Conditional Use Permit. The site plan shall also reflect utility easements and County road right-of-way locations on the property. This updated site plan shall be submitted prior to the issuance of a Conditional Use Permit. 4. Weeds on the site shall be brought into compliance with Garfield County Weed Management Plan of 2000. 5. Any signs installed on the site shall have a sign permit and meetthe requirements of the Garfield County Sign Code. 6. Any expansion of this use shall require an amendment of the Conditional Use Permit. Recommended Motion "I move to approve a Conditional Use Permit to allow the Grand Valley Historical Society to relocate and stabilize the Glover Cabin to their parcel 2407-173-00-132 as depicted in their application, repeal the conditions of 2006-57 and apply the conditions provided by Staff."