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HomeMy WebLinkAbout4.0 BOCC Staff Report 05.10.2004Exhibits for Robert Lay School Public Hearing held on May 10`h', 2004 Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations D Garfield County Comprehensive Plan of 2000 Application Staff Memorandum Analysis from Church & Associates dated May 4, 2004 Floor Plan of the Dwelling flN� � u .44714/ ‘00,/'11/ d Vid BOCC 05/10/ 04 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Conditional Use Permit to expand permitted uses for a School as a part of the "Emily Griffith Center" APPLICANT (OWNER) Robert Lay, property owner, represented by Susan Garcia (EGC Program Director) LOCATION 1359 County Road 294, east of Rifle, CO SITE DATA 5 acres ACCESS CR 294 ( "South Graham Road ") WATER Domestic Well SEWER ISDS EXISTING ZONING A /R/RD I. DESCRIPTION OF THE PROPOSAL A. Proposed Request The Applicant requests a Conditional Use Permit for a School which consists of converting an existing single - family dwelling to a "residential treatment center for up to 14 females between the ages of 9 and 18. The Applicant states this program / facility will primarily serve female students from Garfield County and other western slope counties. This operation would be closely connected with the activities of the Emily Griffith Center Western Campus located nearby. This facility, if approved, would allow the Emily Griffith Center to provide treatment and education services to emotionally disturbed females that will be housed separately from the facility at the Western Campus at 1252 CR 294. More specifically, the facility will be dedicated to serving females who have been abused, neglected, and have significant mental health issues and special education needs. The proposed facility will require 7 staff members and the facility will be staffed in needed capacity for 24 hours a day. The program at the facility will offer individual, family, and group therapy and special education needs as well as equine therapy and wilderness programming. While the residence will serve as a treatment / learning facility for females only, they will also be able to take advantage of the well established facilities in the Western Campus a few properties away. The application states that meals for these students will be prepared at the Emily Griffith Center western campus a delivered to the facility. 1 1:4) B. Background / History As a matter of background, the Board originally approved a CUP request for a "school" known at the time as "Western Academy" on the subject property in 1986 which was subsequently amended in 1997 to include an expansion to the original school building. A school is defined in the zoning code as "a public or private pre - school, elementary or secondary school or college." It is understood by Staff that the primary function of the Emily Griffith Center is to educate up to a maximum of 28 students at the facility. It should also be noted that the County Department of Social Services will refer students to the Center from time to time. Most recently in December 2003, the Board approved the placement of two modular classroom/ storage structures on the property as well as the construction of four horse paddocks, a riding arena, and a round pen to support the equine program. 1980: CUP to locate the First Baptist Church on the property; 1986: CUP to change uses from the church to a School for "Western Academy" which conducted a residential training and education program for up to 24 students (ages 12 — 18) for 12 months of the year with a staff of 12; 1997: 1st Amendment to the School CUP by "Western Academy" to add an addition to the existing school building to relieve crowding in the dorms but no additional students. Maximum remained at 28. Applicant demonstrated via an analysis by SGM that the actual septic use was 1950 gpd; and 2003: 2nd Amendment to the School CUP by the "Emily Griffith Center" to place two modular classroom / storage structures on the property as well as the construction of four horse paddocks, a riding arena, and a round pen to support the equine program. No increase to student enrollment. B. Site Description The property is located on the mesa just east of Rifle on CR 294. The property is flat and currently contains a single - family dwelling and is across the road and walking distance to the Emily Griffith Center as shown in the illustration to the 1 g is a sing e-s ory bedroom 1 bath residence with a two car garage. The Applicant proposes to significantly alter the dwelling into the following spaces: 1) Convert the garage into 2 sleeping areas for 3 students each; 2) Kitchen and dining area; 3) Recreation room administrative office / private counseling room; 4) Convert a half bath to a full bathroom; and 5) 2 larger sleeping areas for 4 students each. The Applicant supplied a residential floor plan in the application showing the physical breakdown of these spaces. It is also supplied as Exhibit H. II. REFERRAL AGENCIES In keeping with the terms of the Inter - Governmental Agreement (IGA) and the fact that the property is located within Rifle's sphere of urban influence, Staff referred the request to the \io, Planning Director for the City of Rifle. The Application was also referred to the Road and Bridge Department. r III.REVIEW STANDARDS Conditional Uses are subject to the standards in Section 5.03 of the Zoning Resolution. Staff has provided the standards in bold italics below followed by a Staff Response. A. Section 5.03 Review Standards 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; (A97 -60) Staff Finding The application states that domestic water for the proposed use will be provided by a domestic well permitted as 121200 by the Division of Water Resources. This permit is included the application materials and is permitted as a domestic well permit. The application also contains a pump report completed by Samulson Pump Company in 1999 which provides the result of a pump test using a 3/ hp. In the well which produced 13 gallons per minute. It would appear this rate is sufficient to supply water to this use if used with some type of storage tank. Regarding waste water, the application states that an existing septic system will serve the waste water needs. However, no data was supplied to this office that supports that statement. Generally, adequate septic capacity is based on the number of bedrooms and a normal occupancy of 2 persons per bedroom. In this case there will be two additional bedrooms for a total of 4 rooms and a resident student capacity of 14 female residents. It would appear that the existing septic system may not be capable of handling this significant increase since the original dwelling consisted of 3 bedrooms for a total occupancy of 6 persons. Church & Associates sent a letter that described the potential waste water to be generated from the residence with the new capacity of 14 fulltime residence and 5 full time staff. (See Exhibit G) The letter does not demonstrate or provide any calculations that the existing septic system can handle this increase. Based on the above, Staff finds the application has not demonstrated 3 that the proposed use has an adequate method to handle waste water and therefore this standard is not met, 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 Finding At present the property is a residential use with an associated typical driveway off County Road 294. Traffic generated from this site would likely be in the foin of a maximum of 7 staff vehicles to and from the site each day. Presumably, since meals are proposed to be delivered for the neighboring Emily Griffith Center, those would produce at least 6 trips a day. According to the Trip Manual, a typical single - family residence generates approximately 9.57 trips per day. The manual is not useful in determining the general average numbers of trips from such a small proposed use. There appears to be sufficient space on the property to park vehicles in an existing gravel parking area. The present gravel driveway entrance to the property is at an acute angle to CR 294 and located just after the curve as one drives west towards Rifle. This would seem to present visual / safety issues. Road and Bridge did not provide comments on this proposal. 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 per► he►y 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 Finding The site is a typical single family residence with a separate garage and a barn structure on 5 acres of land. The property appears to be fenced and has existing landscaping that buffers the improvements from the county road. The proposed improvements will occur within the existing structures and no exterior changes have been proposed. All lighting shall be downcast and no signage has been proposed. In effect, while the use of the structures will change somewhat, the site will not change. IV. SUMMARY The proposal appears to be a conversion of a single - family residence into a residential treatment facility as an extension of the main facility at the Emily Griffith Center where meals are delivered and classes for the students are apparently held at the main location as well. Staff finds that the proposed use has departed significantly from that of a "school" and that it relies on another use on a separate property to function. The proposed structure has no classrooms and appears to be more like separate temale dorms to the main campus at the Emily Griffith Center. This use is required to be a stand alone use and cannot be tied in function to another separate property. Lastly, the Applicant has not demonstrated that the existing septic system is adequate to handle waste water generated from the new use which would be directly tied to building permits for a new use. Based on the foregoing, Staff cannot recommend the Board approve the request. 4 V. 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 not extensive and not complete, that all pertinent facts, matters and issues were not 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 not 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 not in conformance with the Garfield County Zoning Resolution of 1978, as amended. VI. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners deny the request for a Conditional Use permit to allow for "school" on a property located at 1359 County Road 294, Garfield County because 1) does not fit the definition of a school, 2) is functionally and operationally dependent upon another separate use on a separate property, and 3) has not demonstrated that adequate utilities exist to handle wastewater generated from the use. 5 JAN-23-2034 1115A FRUI:JEFF JCIPW-9 ARCHITE 6as 05E11 T0,F--1664 2 t A ° • tesoo E cJ 0 =), 0 0NE1 FiaLVIN hoiti 4--- km. of.p.1■.11$0... Jeff-Johnson Arthnectural, PC j Mug ....ft. IP 0 1 0 0 EXHIBIT e et— t 5 6 Emily Griffith Center Proposed Residential Facility, 14 capacity Partial Floor Plan "* Scale 3116" = V-0" 01-23-04 ri