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HomeMy WebLinkAbout2.0 Staff Report Conditional Use PermitKimiko Powers Museum/Library Conditional Use Permit APPLICANT / OWNER LOCATION SITE DATA EXISTING ZONING ACCESS WATER SEWER Kimiko M. Powers East of intersection of State Highway 82 and 133 Approximately 36 acres Agricultural / Residential / Rural Density State Highway 82 Well ISDS Craig Richardson Page 1 BOCC 4/07/2008 I RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area I of the Garfield County Comprehensive Plan of 2000 (the Plan), and is designated Residential Medium Density (6 to <10 ac/dwelling unit). The Applicants request does not include an increase in density on the subject property. The Plan recognizes tourism as an integral component of Garfield County's economy. Staff finds that the requested use generally conforms to the Plan. II DESCRIPTION OF THE PROPOSAL Applicant is proposing to construct an approximately 17,000 square foot two-story building to house the proposed Museum/Library. The Board will be considering a proposed Text Amendment to include the use of Museum/Library within the Agricultural Residential Rural Density Zone District. If approved, the Applicant will operate an Art Museum (Powers Art Center) on the subject property. The application represents a maximum of five (5) employees. Vehicles accessing the proposed facility will be limited to thirty (30) trips a day (6OADT) and will consist of passenger vehicles and school vans. III DEFINITION Museum/Library The Applicant proposes the following definition included in the requested Text Amendment: 'A building or area within a building for preservation and exhibiting artistic, historical or scientific works or objects, together with the storage and use of educational and research materials relating to such works or object, which are systematically organized or cataloged for a reference by patrons there of. A Museum/Library may be either a public or privately owned and operated facility." IV REFERRALS Town of Carbondale: Exhibit I Carbondale Fire Protection District: No Comments Received Garfield County Road and Bridge: Exhibit H Colorado Division of Wildlife: Exhibit G CDPHE Water Quality Control Division: Exhibit F V 4 5.03 Review Standards 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 Colorado Department of Public Health and Environment — Water Quality Control Division, reviewed the Application (CDPHE-WQCD). It has been determined that the water system to serve the proposed Museum/Library will be a public system and will require approval from CDPHE-WQCD prior to operation (Exhibit F). Staff has included a recommended Craig Richardson Page 2 BOCC 4/07/2008 condition of approval requiring the Applicant to complete the review process prior to the issuance of a Conditional Use Permit. 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 The Applicant has provided an estimated traffic count for the proposed use. The maximum daily traffic generated by the proposed use is thirty (30) daily round trips, as represented. Garfield County Road and Bridge Department (Road and Bridge) reviewed the application. Road and Bridge finds that the application is controlled by Colorado Department of Transportation and does not adversely affect Garfield County infrastructure (Exhibit H). A change of use will require a CDOT access permit. The application included a copy of the CDOT access permit application. Staff has included a recommended condition of approval requiring that the Applicant provide an approved CDOT access permit prior to the issuance of the Conditional Use Permit. 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 Finding It is represented that the proposed Museum/Library will be fully landscaped and parking will be obscured by the topography. Staff has included a recommended condition of approval requiring that all lighting associated with the proposed use to be directed downward and inward to center of the subject property. VI 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 and that all interested parties were heard at that meeting; 3.) The Application is in conformance with Garfield County Zoning Resolution of 1978, as amended; 4.) That for the above stated and other reason, the proposed Conditional Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County; Craig Richardson Page 3 BOCC 4/07/2008 V STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve the requested Conditional Use Permit to allow a Museum/Library on a property described as Parcel No. 239326300006: 1) That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2) That the Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all applicable Building Code requirements; 3) All parking needs resulting from this use shall remain on the subject property; 4) Any expansion or alteration of the proposed use shall require an amendment of the Conditional Use Permit; r 5) The Applicant shall provide a copy of an approved Colorado Department of Transportation Access Permit allowing for the proposed use prior to the issuance of the Conditional Use Permit; 6) All lighting associated with the proposed use shall be directed inward and down toward the center of the subject property; 7) The Applicant shall provide proof of an approved CDPHE-WQCD public water system to serve the proposed Museum/Library prior to the issuance of the Conditional Use Permit; 8) The Museum/Library shall be limited to sixty (60) Average Daily trips (30 round trips) per day as represented in the application; 9) All food waste shall be stored in Wildlife -proof refuse containers: Craig Richardson Page 4 BOCC 4/07/2008 Craig Richardson From: Mark Kadnuck [MAKADNUC©cdphe.state.co.us] Sent: Monday, March 17, 2008 4:58 PM To: Craig Richardson Subject: Powers-museum/library CUP The proposed water system for the above musuem/library will be a public water system and need to go through the state WQCD plans review and approval process before operating. Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark.kadnuck@state.co.us 3/31/2008 STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us March 21, 2008 Craig Richardson Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Powers Museum/Library Conditional Use Permit Dear Mr. Richardson: EXHIBIT 3 G 2 7 2008 For Wildlife - For People The Colorado Division of Wildlife staff has reviewed the request for a museum/library on the Powers Property near the intersectyion of Hwy 82 and Hwy 133. The existing property is currently agricultural land within 36 acres. This area contains several important habitat areas for wildlife, including elk, mule deer, mountain lion, bears and numerous bird species. The property has been identified as big game winter range by the Division of Wildlife. Mule deer and elk use this area for resting, foraging and to move between different habitat areas. Studies have shown that habitat loss, conversion and fragmentation are the most serious issues facing wildlife. The proposal does not include any residential use at this time, but similar restrictions as residential should apply to this parcel. The Division of Wildlife, local residents, and wildlife are experiencing problems with dogs running at Targe and harassing wildlife, especially wintering deer and elk. When elk and deer have to flee from dogs, they use energy stored for winter survival. Although a dead elk/deer is not immediately seen, stress and the energy used fleeing from dogs may cause their death at the end of winter or early spring before they can get the nutrition they need. Pet owners need to be responsible and in control of their pets at all times. Civil and criminal penalties are available to the Division of Wildlife if dogs are caught harassing wildlife. We recommend that pets not be allowed on the property by either the staff or visitors. If fencing is necessary, the Division would recommend that it be kept to a minimum and built to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. The Division of Wildlife has a pamphlet available "Fencing with Wildlife in Mind", which has acceptable fencing designs for wildlife and livestock. Other wildlife comments include: DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION. Tom Burke. Chair • Claire O'Neal. Vice Chair • Robert Bray. Secretary Black bears - although infrequent, black bears have frequented this property and may wander into this area and we would recommended that all trash be stored in a bear -proof trash container, in a centralized locking dumpster or inside a garage so as to prevent conflicts with bears and other wildlife such as skunks and raccoons. The Division has a list of companies providing such containers if needed. Mountain lions - although rarely seen, mountain lions frequent this area. There are preventive measures that residents can take to reduce the potential for conflicts. Brochures with this information are available through the DOW and should be distributed to all residents and visitors. Thank you for the opportunity to provide these comments. If you need additional information, please contact DWM Kelly Wood at 963-6523. Sincerely, Per 11 A Wildlife Manager Cc: DOW — R.Velarde, K.Wood, file GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Powers, Kimiko M. Sent to: 1 EXHIBIT Date Sent: March 12, 2008 Comments Due: April 1, 2008 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: Craig Richardson 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no comments on this application as the accesses are controlled by CDOT and do effect our County Road System. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date March 17, 2008 Revised 3/30/00 Craig Richardson EXHIBIT :. From: Janet Buck [jbuck@carbondaleco.net] Sent: Monday, March 31, 2008 4:31 PM To: Craig Richardson Subject: Powers Craig — I have reviewed the Powers Conditional Use Permit for the Museum/Library and have no comments to forward to the County. Thanks for sending the referral to the Town of Carbondale. Janet Buck Town of Carbondale