HomeMy WebLinkAbout2.0 Staff Report DD 04.23.18REQUEST
PROPERTY OWNER
REPRES NTATIVE
ASSESSOR'S PARCEL #
PROPERTY SIZE
LOCATION
ACCESS
EXISTING ZONING
Director Determination - Minor Amd
4123t18
File No. SUAA-04-1 8-8634
DP
Amendment to a General Administrative Land
Use Change Permit for a Vehicle Repair Facility
Eastbank, LLC
Chad Lee, Esq
2185-354-15-002
The facility is located on a 16.983 acre parcel.
The property is located at 3927 County Road
154.
The facility is accessed from County Road 154.
The property is zoned Rural
PROJEGT INFORMATION AND STAFF COMMENTS
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting an amendment to an approved Administrative Land Use
Change Permit for a Vehicle Repair Facility. The facility is located south of the City of
Glenwood Springs and is known as 3927 County Road 154. The facility is located on
property owned by Eastbank, LLC. The subject parcel is described by tax lD 2185-354-
15-002-and is located in Section 35, Township 6 South, Range 89 West of the 6th P.M.
More specifically, the Applicant requests a Minor Amendment to a Land Use Change
Permit for a Vehicle Repair Facility issued on September 15, 2016. The Amendment
would amend Condition # 13, which reads as follows.
Within one year from the date of issuance of the County OWTS permit for
the vault and haut system, the system shall be removed and replaced with
either: (1) connection to and seruice provided by the Roaring Fork Water
and Sanitation District (RFWSD), or (2) ínstallation of a permanent OWTS
consistent with the sife plans and representations made within the
application.
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As the OWTS was issued for a vault and haul system on April 19, 2017 , the deadline to
comply with this Condition is April 19,2018. The Application includes the below request
and response to the County Land Use and Development Code criteria.
Eastbank, LLC is aware of the environmental cost associated with each
OWTS installed in this area. As such, it is making every effort to connect to
the RFWSD system. ln furtherance of this effort, it has installed, at great
cost, the infrastructure necessary to connect both buildings to the RFWSD
water and sewer system. But completion of terms of the connection are
ongoing and somewhat complicated by (i) the finalization of all in-ground
and below-ground easements with both RFWSD and the RE-1 School
District with regard to the new in-place infrastructure (including the service
lines, lift station, fire hydrants and other system facilities); and (ii) an
ongoing PUD planning process for the entirety of both Eastbank "lots"
(inclusive of the two commercial buildings). Even so, we believe an
agreement is imminent; and, by coincidence, expect to be on the RFWSD
Board agenda on April 17th for action on the final easements and Pre-
lnclusion Agreements (and requested "Can and Will Serve" letter for the
PUD application).
However, under the circumstances we do not foresee interconnection by
April 19,2018. Therefore, Eastbank, LLC, hereby requests an additional 12
months to either connect the utilities to RFWSD or install a permanent
OWTS system. Given that the Garfield County Code requires that "every
effort" be made to secure a public sewer extension (see GCULUR S 7-
105(B) (1)), we believe it would be contrary to the public interest, as well as
the intent of both the Code and Comprehensive Plan, to require Eastbank,
LLC install a permanent OWTS, when negotiations are still underway and
infrastructure to connect to a public system is already in the ground.
Additionally, this request for extension is a Minor Modification to an
approved Land Use Change Permit as defined in Section 4-106(C)
because:
(1) lt complies with all requirements of the Code;
(2) lt does not conflict with the Comprehensive Plan;
(3) lt does not change the character of the development;
(4) lt does not alter the basic relationship of the development to adjacent
property;
(5) lt does not require an amendment or abandonment of any easements or
rights of way;
(6) lt does not increase the density;
(7) lt does not increase the zone district dimensions to an amount exceeding
the maximum dimensions in the applicable zone district; and
(8) lt does not decrease the amount of open space, alter the location,
lighting, or orientation of signs, or any zone district dimension.
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To this end, the Applicant has requested that Condition #13 be modified as follows in
order to extend the timeframe by which an OWTS or connection to the RFWSD needs to
occur.
On or before April 19, 2019, the temporary vault and haul septic system
authorized by Permit # SEPT-04-17-4681 shall be removed and replaced
with either: (1) connection to and seruice provided by the Roaring Fork
Water and Sanitation District (RFWSD) or (2) installation of a permanent
OWTS consistent with the site plans and representations made within the
application.
II. BACKGROUND - AUTHOR¡TY _ APPLICABLE REGULATIONS
The Administrative Permit for a Vehicle Repair Facility was originally approved on
September 15,2016 and memorialized under Permit reception number 882420.
Section 4-106 of the Garfield County Land Use and Development Code sets forth the
process for requesting an amendment to an existing Land Use Change Permit. Section
4-106(C) contains criteria for determining if the requested amendment is a Minor
Modification. ln accordance with the Land Use and Development Code a Pre-Application
conference was held and the Director of the Community Development Department made
a formal determination that the Application meets the Minor Modification criteria.
III. REVIEW CRITERIA - STAFF ANALYSIS
The Minor Modification criteria from Section 4-106(C) are shown below with Staff analysis
shown in italics.
Minor Modifications are those that deviate from standards or rearrange/reconfigure
elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or
other site improvements in an approved Land Use Change Permit, including Subdivisions,
and that meet all of the following criteria as applicable:
1. Comply with all requirements of this Code;
The Amendment continues to meet all requirements of the Code.
2. Do not conflict with the Comprehensive Plan;
The Amendment does not conflict with the County's adopted Comprehensive
Plan.
3. Do not change the character of the development;
The Amendment does not change the character of the development,
4. Do not alter the basic relationship of the development to adjacent property;
J
The Amendment does not change the basic relationship of the development
to adjacent properties.
5. Do not change the uses Permitted;
The Amendment does not change the uses currently permitted.
6. Do not require amendment or abandonment of any easements or rights-of-way;
The Amendment does not require abandonment of any easements or rights of
way.
7. Do not increase the density;
The Amendment does not increase fhe density of the proiect
B. Do not increase the zone district dimensions to an amount exceeding the
maximum dimension in the applicable zone district in Table 3-201; and
The Amendment does not increase the zone district dimensions to an amount
exceeding the maximum dimensions in the RuralZone District.
g. Do not decrease the amount of the following to an amount below the minimum
required in the applicable zone district:
The Amendment does not decrease the amount of any of the following to an
amount below the minimum required in the RuralZone district.
a. Amount of dedicated Open SPace;
b. The size of or change in the locations, lighting, or orientation of originally
approved signs;
c. Any zone district dimensions in Table 3-201,
IV. ADDITIONAL STAFF ANALYSIS
1. The original approval reflected in Permit Reception Number 882420 was adopted
following the Administrative Review Procedures for a Vehicle Repair Facility as outlined
in the Land Use and Development Code of 2013.
2. No changes to the general character of the facility are proposed.
3. The proposed changes will conform to the standards for a Vehicle Repair Facility
within the Rural Zone District.
4. The facility shall continue to be required to maintain compliance with all existing
standards and conditions of approval.
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V. RECOMMENDATION
The Staff analysis supports a finding that the Application meets the criteria contained in
Section 4-106(C) for a Minor Modification. Section 4-106 (C) states that upon finding it a
Minor Modification the Director may approve, approve with conditions or deny the
amendment and provide written notice to the Applicant. lt is recommended that all
conditions of approval found in the Land Use Change Permit recorded under Reception
Number 882420 remain in full force and effect. To this end, staff recommends approval
of the Minor Modification with the following conditions.
1. That all representations of the Applicant contained in the Amendment Application
submittals shall be conditions of approval unless specifically amended or modified by the
conditions contained herein.
2. All previous conditions of approval contained in the Land Use Change Permit
(reception number 882420), attached as Exhibit 1, shall remain in full force and effect.
3. The Applicant shall maintain compliance with all standards as required by the Land
Use and Development Code o12013.
4. Condition Number 13 within the Land Use Change Permit (reception number
882420) shall be modified to read as follows
On or before April 19, 2019, the temporary vault and haul septic system authorized by
Permít# SEPT-04-17-4681 shall be removed and replaced with either: (1) connection to
and seruice provided by the Roaring Fork Water and Sanitation District (RFWSD) or (2)
instatlation of a permanent OWTS consistent with the site plans and representations
made within the application.
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Exhibit 1
DIRECTOR OF THË COMMUNITY
DEVELOPMENT DEPARTMENT
LANT' USE CHANGE PENMff
A 18.989 Awe Parcel of Land Qwned by Easlbank, LLC Located approxlryately'i.S |iil"" tutin otme City Of GtanwoÃa sprtngs wilh Aæese üf tuu7tf,Road
1ii, Xnown as a927 County Road l5^4 y! !î Lot 2 al the Eastbank ìlllnor
S ubd ivisi on, G a¡fretd Cou ntY
fÁssssso¡b Parcel No' 2 I 85'354-1 5-0AZ)
ln accordance wlth and pursuanl to provlslone ol the Garfield coun$ t-and.uee.and
b;;i"pr""rboJã, "s
amended, the iollowing act¡vity ie hereby authorized by Land Use
Change Permlt:
A Vehlcle ñapalr Facillty as shown oryhe f|le Plan Atlached ae Exhiblt'A'
(GAPA-0546'A54)
This Land use change Permlt is lssued 9r1bþcl 19 tfe c.ondltlons contained ln tþ
åä"ñd;;aAdñ"ilsxrrinir e) and.shall be valid ryty-.dyfng compliance with suctt
àon6ltion" and'othelippif"à¡p' provlsions of the Garfleld County Land Us€ and
Oãùäiãpmenr Code, a* ãlüånãeO, bui6lng Code, and other regulations of the Board of
County' Commlssloners of Garf ield County, Colorado'
for
AfiEST:
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Exhibît A
(ProJect Slle Plan)
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CR
154
Vehicle ßePalr
Facility
frii
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VeterinaryCll¡lc
Driveway
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tha¡cd rr,ltl¡
PEdEX
FaciliÈY
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Exhiþit B
condltions to þc salisf¡ad Prlor lo lssuance of the Land use chanqe Permit
1. The Appllcant shall provlde a stomwatet Managernent Plan whlch includes'
åi"¡nröå "rr"ruiiJnu,'iniJ
nan shall bE revtewed ánd acceptad ?lil"_Hldd
Cpunti Oes¡gnatêd Engínaer prlor 1o lseuanco of lhe Land Uee Change Pennlt'
2'TheApplicantstrallprovidellopy-ofthenewwellpermltandBasaltWaler
Gonservancy Oft'tdof*g*"nfaüoï contract that allows the use for a Vehlcle
néiåürr"iliy, m Ëãi*tJ,""ã uy tfe counry Ðesignated Englneer and communitv
dãi"loprrníilp"rtñnt prlorio lEsuanceol the Land Use Change Permlt'
3. The Applicant shall provlde a copy of the execuled well sharing agreomenl- ¡ðtwetä the veterinary clinic and'vahicle repair facilily, !o!" reviewed by lhe
County Attorney's Oú¡ce -and Communlty Devalopment Ðêpanrnsnl pf¡or to
lssuance of the Land Use Change Permlt'
4, îhe Appllcant ehall provlde a water qualily,iast that meels the.standards in Seclion' i.zogitfrj(ljfuXslói of rha ,LUDd revlewad and accepted_by the County
p!.úüíàd Ënà¡åäår prlor lo lssuance ol the Land Uee Change Permit,
S. The Appllcani shall provlde.docum€ntatlon as to wfretherlhs cornbined v€l€r¡nary
clinic åå¿ va¡r¡cle ieþair facltity witl need to rneet the requlremente of the Colorado
äi¡ñ.,"ry-prlrmñé w"t"r Regülatlons (water).andlor the Colorado Water Quality
Conrióí Act (waãtewarer). T-he submrriat erràlt ue reviewed *{*:"t]*-g,Jh"
ðilty Desilnated Engiireer prior lo issuance of the Land Use Ghange Perm1'
6. The Appllcant shall provida soile characteristics and slope lnfo¡mallon tor the-
*àetewàrer absorprion area lo snsure compllance wilh Counly OWTS rules and
reoulatlons tor de'propòsed permanent owTS system, Thls lnformation shall be
äää';"ã ürñ;úã uy rne County Dsslgnatsd Englneer prior to issuance of
the Land Use Change Permlt'
7'ThaApplicanlshallprovideadraftwaslewatersystemsharlng".g.'::T-ÎÎli:-Y:::' '
U.,"ïuiålnãry clinicänd vehlole ropalr.facllity prior to executlo.n to be revlewod ano
äi"ãói.à ¡V ine öãunty nttorney'g Of¡ce píbr to issuance ol the Land Use Change
Permlt.
8. The Appltcant shallmeel wtth lhe Gþnwood springs Fire Departm€nl to come to
an agreement "n ti j'r""r"ràry tire flovv water ànd pressure lo support firefigñllng
;Ñäiñ;, .nO iài'U,à num¡år and,.location of hydrants on sits. The Appllcant
ãäalt provide eviàãnöe of the consultation with lhE Fire Department and wdllen
documentation of-itte agrsgment regardlng lhe aforernentioned ilems to the
Càmmun¡fy pevãlopmentbepartmerl ãnd County Deslgnaled Engineer for roview
and accepiance prlor to lssuånce ol lhe Land Use Change Permit,
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g, A¡ repreeentation of lhe Appllcant contained in the application shall bo consldered
condlllons of aPProval-
t0.The Vehicte Repair Facility shall be subJect to all Garli€ld Counly Building Code
Bequlrements.
11,All extedor tíghtlng shau be downcast and shielded and comply with Secllon 7'904,
' ' ;úhit"é StañCarAi, of lhe Land Use and Development Code of 2013, as amended'
l2.Th€ þplicant ehall oblaln a county owTs permit for bolh the vault and haul'-'*aãf"ùäterdlsposalsyslam and lhe permanant OWTS, as applicable.
13.Within one year from the date ol lssuance of tho county ol^,Ts perm.lt lor.th€ vault- and fraul gystem, the system shall be removad and replaced wlth either: (1)
connection to and iérv¡óe provlded by the Roaring Fork Water and Sanltatlon
ôi"irfói infWSD), or (z) installation of ã permanenl.OWTS consistent with the sile
ptans and representaüóne made withln lhe appllcation'
14.4t the time lhe roadway lo lhe school slte actoss Lot 3 ¡s constructed, lhê
sãutnerly roco" ior lú 2 onlo County Fload 154 shallba closed and telocated
to connóot to the echool elle access road'
1s.This property is localed within the City of A!T*.o99 pPrlnge' Source Water
protection nrea, the operator should bô mhdful ol lhis in *reir operalloF'a19
conlact the Glenwood Sirings waler tr€atment plant operator ln the event of a splll.
16.Waste oil and olhsr automoblle {tulds should be alored eo that thêy do nol leak
and are not atlowed contact with bare soil'
17.The operator shalloonlrol lugitive dust through appropriale dust control maâsures
such ae water appllcation, reüegetation wharipossible, and covering bare surlaces
wllh gravel.
la.Duel, odors, gas, fumes, and glare shall not be emltled at levels lhet afo
reasonabs objectionable to adjacent property'
19.Noise shallnot exceed State noisa standads pursuantto C.R.S', Article 12 ot Tille
25.
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