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HomeMy WebLinkAbout2.0 BOCC Staff Report 07.09.2001BOCC 7/09/01 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: EXISTING ZONING: Conditional Use Permit to allow for the construction of a community building Marlin (Colorado) Ltd . A parcel ofland located in portion of Sections 34 and 35, T6S , R89W of the 6th P .M .; locat~d directly south of Glenwood Springs, off ofCR 163 . 191 acres Shared individual well Individual Sewage Disposal System Agricultural/Residential/Rura l Density ( NRIRD) I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in the Low Density Residential (10 and greater ac./d.u.) and the Medium Density Residential (6 to less than 10 ac./d.u.)as designated on the Proposed Land Use District's Map, Study Areas 1-3 . II. DESCRIPTION OF THE PROPOSAL 1. Site Description: The subject property is located south of the Glenwood Springs airport. The property has Roaring Fork river frontage along the west side of the river from just south of the airport to the northern boundary of the Westbank subdivision. Four Mile Creek runs through a portion of the northeastern section of the property. There is an existing house and accessory structures on a portion of the property, near the confluence of Four Mile Creek and the Roaring Fork River. The proposed building site is located within the floodplain of the Roaring Fork river, on the west side of the river. 2. Development Proposal: The applicant is requesting a Conditional Use Permit under Section 3.02.02 of the Garfield County Zoning Resolution to build a "community building" along the bank of the Roaring F ark River. The proposed building will be located on one of the lots within the Prehm Ranch property, but will be available for use by all property owners with the property for use as a fishing cabin. (See attached application) The proposed community building will have a foot print of 1,568 sq. ft., but only 736 sq. ft. of it will be enclosed and under a roof. Water will be provided from a well to be shared by the principal residence on the lot. Sewage will be treated by an engineered !SD system. Access will be down to a proposed boat landing and foot access to the building. The applicants recently received approval to put fill in the Roaring Fork river to accommodate a building site for the proposed "fishing cabin" on the site. A boat ramp is proposed to be placed within the floodway of the river just downstream of the proposed house site. There is also some rock rip-rap proposed for a section of the river upstream from the fishing cabin, that is in the flood fringe and floodway. III. MAJOR ISSUES AND CONCERNS I. Zoning: A community building is allowed as a conditional use in the AIR/RD zone district. There is no definition of a community building in the zoning resolution, so staff has made an interpretation that a building to be used in common with the other property owners within the Prehm Ranch would be a common facility owned by the ranch community. As a conditional use, it must meet the following criteria identified in Section 5.03 of the zoning resolution: (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; Response: The proposed water supply will come from a well to be shared with the principal dwelling on the lot. Well Permit No. 231210 can legally provide water for up to three dwellings and up to 15 gpm. The application states that the proposed cabin should not use more than 300 gpd, which is well within allowed capacity. But, the fishing cabin is identified as a non-residential use in the application and as such does not qualify legally for use under the well permit 2 according to the Division of Water Resources staff in a verbal conversation with the County staff Based upon a subsequent verbal conversation with the applicants, they have indicated that they applied for additional water from the West Divide Water Conservation District and were going to obtain an additional well permit specifically for the community building. Prior to any approval of a conditional use permit the applicants will need to provide a modified or new well permit that specifically allows for the proposed fishing cabin. Sewage will be treated by the use of an engineered ISDS that was required by the approval of the Floodplain Special Use Permit. The applicant's engineer must submit a proposed Individual Sewage Disposal System design for any ISDS to be located within the floodplain, prior to the approval of the Floodplain Special Use Permit and that the ISDS design must be approved by the County Engineer's office. This same condition needs to be included in any approval of the proposed Conditional Use Permit. There is no site plan in the application that defines the location of the proposed ISDS in relation to the property lines and the river. Verbally, the applicant's engineer has indicated that it will be necessary to amend the exemption plat to move a property line, so that the leach field can meet the setback requirement from a property line. All ISDS must be at least 50' from a water course and at least 1 O' from a property line. (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; Response: No additional traffic will be generated by the proposed fishing cabin, since all access to the cabin will be by property owners within the Prehm Ranch boundaries. (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; Response: The proposed fishing cabin will be located on a piece of property that will not be visible from any public roads. The only people that will be able to see the cabin are the individuals floating down the Roaring Fork river. The most directly affected neighborhood will be the people living in houses on the Prehm Ranch properties. There should not be any impact on the established neighborhood as a result of this cabin being constructed. 3 The previous discussion addresses the Conditional Use permit requirements of the Zoning Resolution. In addition to meeting those requirements, the application must also meet the requirements of Section 5.05.02, which states: Live Streams: A setback of thirty (30) feet measured horizontally from and pe1pendicular to the high water mark on each side of any live stream shall be protected as greenbelt and maintained in conformance with the definition thereof, with the exception of diversion facilities as an accessory to the approved use of the lot. It is not clear from the application whether or not either of the proposed fishing cabin will be at least 3 0' horizontally from the high water mark of the Roaring Fork River. It will be necessary to have any building plans show a setback of at least 30' horizontally from the high water mark. IV. SUGGESTED FINDINGS I. That proper publication and public notice was provided as required by law 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 the hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends APPROVAL of the Conditional Use Permit based on the following conditions: 1. That all representations of the applicant, either within the application or stated before the Board of County Commissioners, shall be considered conditions of approval. 2. The applicant's engineer must submit an Individual Sewage Disposal System design prior to the approval of the Conditional Use Permit and that the ISDS design be approved by the County Engineer's office .. 4 3. Prior to the approval of the Conditional Use Permit, the applicant will submit a copy ofanew well permit for the proposed community building that is supported by an amended contract from the West Divide Water Conservancy District. nur~ 4. Prior to approval of the Conditional Use Permit, the /pplicant will submit a site plan for the proposed building that shows a minimum of3 01 from~~gh water for the building and an ISDS design shown on the site plan that meets the 10 1 setback from the property line. 5. The applicant shall comply with all other zoning resolution requirements and comply with any permits issued by State or Federal agencies . .., ·,l~P-/hA w1// ~ .,L/ls-/M'~ IY'-.,ff.I/ l!l),61/r/7 ,.0 r~. 5