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HomeMy WebLinkAbout3.0 BOCC Staff Report 07.19.2004Exhibits for "Group Residential Facility" SUP Public Hearing held on July 19th, 2004 ,- Yt ,� Jp,�}�9ri (p] 1 e tc ' r A, S r e as .� a - ,�.S.�cS°� S .3 - e -77 ®° a" - `7 3° S aH " d 3 & 3 . t� g � e i -i � a6 ' fr� E w 9� 2 m� i ,, w i eW9 S� e 3 E 3 a C� �8 3 � d@f I ° .c's' & s}5 B �&'= &9 r .$' �''� gS� � , kf E _ y °'r° ' .aa "�`E' ° 'T.-hn k 4 „7' a ka;6 ye 4 H ,9 ,5' a a a „ �2'' sk°' `S� - `3 rte, pae dd�,m ��' ,.�s eee , e _.6.bP,n ��c. �,,.. is �,.o �,A,.w k.o w.,.. a . a ....t F. .... �7 a 9 ,�9.. �,oa..b,. E..`Z,m.a„ ,. .o.o fl,....�.:gtiff A Mail Receipts B Proof of Publication C kokriZAI Garfield County Zoning emirs a,'/ AS' 607441 D _7j8 Application E Staff Memorandum F Letter from the Road & Bridge Department dated June 10, 2004 G Letter from the City of Rifle dated July 7th, 2004 H Letter from Church & Associates dated July 6, 2004 BOCC 7/19/04 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for a "Group Residential Facility" APPLICANT (OWNER) Robert Lay 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 L DESCRIPTION OF THE PROPOSAL A. Proposed Request The Applicant requests approval of a Special Use Permit for a Group Residential Facility which consists of converting an existing single- family dwelling to a "residential treatment center and special education school" for up to 14 emotionally disturbed females between the ages of 9 and 18 that are enrolled in the Emily Griffith Center program. A Group Residential Facility is contemplated as a Special Use in the ARRD zone district and defined as: "A residence and other necessary building spaces that provide a community living environment and services for individuals requiring custodial care, medical treatment, or specialized social services. This term includes, but is not limited to: specialized group child care home, facility or center; residential child care facility; residential treatment center or facility; shelters from domestic violence; and /or residential treatment services for children and adolescents as ordered by the courts." 9/l e. pr/or•4 -349 The Applicant states this program / facility will curly 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. All residential treatment and education services will occur at this site. 1 The plan involved significantly remodeling the single - family 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; 5) 2 larger sleeping areas for 4 students each; and 6) Convert separate garage building into classroom, office, and bathroom space. The Applicant supplied floor plans in the application showing the physical breakdown of these spaces. The proposed facility will require 3 staff members and the facility will be staffed 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 same facility. Regarding the education component of the proposal, the application states that the Colorado Department of Education and North Central Accreditation will accredit the school. All of the teachers will be certified by the State of Colorado. Students will be able to obtain credits that can be transferred to their home schools. The students will be able to graduate from the school and /or staff will assist students in receiving their GED. The majority of the students will have a special education designation. The focus of the education program is to meet the student's education, social, and emotional needs. B. Background / History As you will recall, the Applicant presented the same request to the Board on May 10th. However, at that time, the Applicant sought a Conditional Use Permit for a "School." Staff recommended the Board deny the Application ultimately finding the proposed use 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. The Board agreed to open and continue the hearing to allow the Applicant to resolve issues raised by Staff. As a result of subsequent discussions between the Applicant and Staff, the Applicant decided to withdraw the application and re -apply to the County for a Special Use Permit for a "Group Residential Facility" which was to be a text amendment to the Zoning Resolution proposed to the Board at the same meeting. Therefore, a text amendment to the Zoning Resolution will be proposed to the Board just prior to the Board's consideration of this Special Use Permit. In this way, should the Board approve the definition of a "Group Residential Facility ", it would appear to be an appropriate use under which the applicant could apply rather than a "school" which is not an appropriate fit in the zoning code. 2 C. Site Description The property is located on the mesa just east of Rifle on CR 294 (South Graham Road). 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 right. The dwelling is a single -story 3 - bedroom 1 -1 bath residence with a two car garage. H. REFERRAL AGENCIES / DEPARTMENTS A. City of Rifle: See Exhibit G B. Rifle Fire Protection District: No Comments Received C. Colorado Division of Water Resources: No Comments Received D. Garfield County Department of Social Services: No Comments Received E. Garfield County Road and Bridge Department: See Exhibit F 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 I) 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 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 3/4 hp. In the well which produced 14.5 gallons per minute. It would appear this rate is sufficient to supply water to this use if used with some type of storage tank. Legally, the permit is for "domestic" use. It remains unclear if the same type of permit can also serve the proposed use. No specific information was provided regarding this issue. Staff contacted the Division 5 Engineer who met with the Applicant on this issue and indicated the following steps needed to be accomplished: 1) Obtain a West Divide water contract; and 2) Amend the well permit noting that a 600 -ft well spacing needed to be observed. The Applicant submitted an application for 1 -acre feet of water to the West Divide Water Conservancy 3 District which will most likely be approved and activated in the next week or two Regarding waste water, the property currently uses a septic system to handle waste water generated from the single - family dwelling. However, the Applicant proposes to significantly increase the amount of waste water generated by adding a capacity to the residents in the dwelling up to as many as 18 persons at any one time (14 students and 3 Staff). The Applicant provided an analysis prepared by Church & Associates to review the existing septic system which determined that an upgrade or new onsite waste water system was needed. (This analysis is included in the application.) Ultimately, the applicant has committed to abandon the existing septic system and install a new system that has been adequately designed to handle the capacity proposed in the application of an average sewage load of 1125 gallons per day. The system must be installed by a licensed contractor and the system shall require a septic permit from the County Building and Planning Department. The City of Rifle indicated that the residential structure be obligated to connect to the City of Rifle's central sewer system when service becomes available. (See Exhibit G) Staff finds that this standard can be met so long as the Applicant is able to provide the Planning Staff with an activated West Divide contract, amended well permit, and obtains a septic system permit from the County. Should the Board approve this request; Staff recommends these items be included as conditions of approval. 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 form of a maximum of 3 staff vehicles to and from the site each day. There will be one food - service delivery truck and trash pick -up trip per week. There appears to be sufficient space on the property to park vehicles in an existing gravel parking area. The proposed use will not represent a measurable increase in trips to and from the property on a normal basis. 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. Staff finds this existing access point onto the property presents significant visual / safety issues. Road and Bridge conducted a site visit to the property and indicated 1) the driveway must be moved 220 feet to the west to reduce safety hazards presented by the sharp curve in the County Road, 2) install a 40' long culvert that is of 18" diameter to go under the driveway entrance to allow road ditch drainage to pass, 3) the driveway entrance shall be a paved apron that is 30 feet wide by 10 feet deep and 4 inches thick, and 4) the remainder of the driveway shall consist of a gravel surface at least 100 feet back into the property. (See Exhibit F) 4 Staff finds that this standard can be met so long as the Applicant is able to relocate the driveway to the standards acceptable to the Road and Bridge department and the old driveway is formally abandoned and seeded. Should the Board approve this request; Staff recommends these items be included as conditions of approval. 3) Design of the proposed use is organized to minimize impact on and from adjacent rises 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 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. The City of Rifle provided comments (Exhibit G) indicating that the design of the structures should reflect a residential character and not be redesigned to look more like an "institution." Staff would agree with this comment because of the rural residential character in the area. It appears that the general elevations of the exterior of the main dwelling provided in the application maintain this character as proposed. IV. 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. V. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Special Use Permit for a "Group Residential Facility" on a property located at 1359 County Road 294, Garfield County with the following conditions: 1. 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. 5 2. All uses shall continually be consistent with the definition of a Group Residential Facility as defined by the Board of County Commissioners. The Applicant shall be obligated to connect to the City of Rifle's central sewer system when service becomes available. 4. The Applicant shall provide the Planning Staff with an activated augmentation contract from the West Divide Water Conservancy District and amended well permit from the Division of Water Resources prior to the issuance of a Special Use Permit. 5. The Applicant shall obtain a septic permit from the Garfield County Building and Planning Department prior to the issuance of a Special use Permit. This system shall be installed by a licensed contractor. 6. The Applicant shall complete the following improvements prior to the release of any building permit for the property. The Applicant shall provide the Planning Staff with an approval from the Road and Bridge Department indicating the following has been completed to their satisfaction: A. Relocate the existing driveway 220 feet to the west to reduce safety hazards presented by the sharp curve in the County Road; B. Install a 40' long culvert that is of 18" diameter to go under the driveway entrance to allow road ditch drainage to pass; C. The driveway entrance shall be a paved apron that is 30 feet wide by 10 feet deep and 4 inches thick; D. The remainder of the driveway shall consist of a gravel surface at least 100 feet back into the property; and E. The existing driveway has been abandoned and reseeded to be incorporated into the lawn of the property. The Applicant shall submit proof of all required state and/or federal licenses, as applicable to the services provided and population served by the facility prior to the issuance of a Special Use Permit. . comma avai .. e. •r /__ 644-e-o- 'AI - �, -ria� . /.'-t- 1E: Garfield County Garfield County Road and Bridge Department June 10, 2004 Emily Griffith Center Attn: Susan Garcia 1252 County Road 294 Rif le, CO 81650 RE: Property at 1359 County Road 294 Dear Susan; EXHIBIT F The Road & Bridge Department will issue a driveway permit for this location if the property is approved by the Board of County Commissioners and the following conditions are met. 1. Move the existing driveway 220' west to meet the proper sight distance. 2. Install 40' of 18" CMP culvert for drainage. 3. Pave the entrance 30' wide by 10' back and 4" deep. 4. Gravel back from the pad no less than 100'. If you have any questions, please feel free to contact me. Kraig Kuberry District Foreman Cc: Fred Jarman 0567 County Rd. 352 P.O. Box 426 Rifle, CO 81650 Phone: 970- 625 -8601 Fax: 970- 625 -8627 July 7, 2004 Mr. Fred Jarman, Senior Planner Garfield County Building & Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Group Residential Facility — Emily Griffith Center Dear Fred: EXHIBIT 1 The city of Rifle has no objection to the three pending applications: 1) zoning text amendment; 2) expansion of Western Academy site; and 3) remodel and conversion of residence for use as Group Residential Facility. The City does request the County condition both sites to require the lot owner tie into the City's central sewer within five (5) years of said service becoming available 'bordering the subject properties. Additionally, the City requests a condition be placed on the proposed conversion of a single- family residence that requires the building be designed as a contemporary single- family residence and prohibited from having an "institutional" or "non- residential" structure design. As always, we appreciate the opportunity to comment on land use activities adjacent to the city of Rifle. Should you have questions or concerns regarding the City's position, please contact me. Sincerely, Planning & Development Matt Sturgeon Director CITY OF RIFLE 202 RAILROAD AVENUE • P.O. Box 1908 • RIFLE, CO 81650 W W W. R 1 F L E C O. O R G (970) 625 -6224 • (970) 625 -6268 Fax • Pianning©rifleco.org CHURCH & Associates. Inc. ENGINEERS & GEOLOGISTS July 6, 2004 Emily Griffith Center, Western Academy, Attn: Susan Garcia P.O. Box 1880 Rifle, Colorado 81650 Subject: Wastewater Service for 1359 C.R. 294 Emily Griffith Center, Western Academy New Facility Garfield County, Colorado Job No. 16436 Ms. Garcia, Per a meeting with Fred Jarman, CHURCH & Associates, Inc. (CHURCH) is providing this letter with respect to the onsite wastewater system (OWS) at 1359 C.R. 294. This letter summarizes our work with respect to the Special Use Permit from Garfield County for the facility. It is proposed to have 14 clients at the new facility. Church was asked to review the OWS, which exists at the property. It was determined that an upgrade or new OWS was needed. It was requested that Church investigated and design a new OWS for the property. Subsurface conditions were investigated and an OWS design was prepared. The OWS design for the property dated May 14, 2004 was submitted to the Garfield County Building Department for permitting. Because there are not water use records for the proposed facility, a loading of 75 gallons per day (GPD) per person was used. A copy of the design is attached. It is our understanding the permit has been issued. When installed Church will. perform Installation Observations and submit an as -built plan to Garfield County to complete the permit. If you have questions please contact us. Sincerely, CHURCH & Associates, I Edward O. Church, P.E. EOC 3 copies sent via priority mail Copy via overnight mail to Garfield County Building and Planning Department, ATTN: Fred Jarman 108 8th Street, Suite 201, Glenwood Springs, CO 81601 DENVER 4501 Wadsworth Boulevard Wheat Ridge, CO 80033 303.463.9317 Fax: 303.463.9321 www.geo- church.com Toll Free - 1.877.248.3123