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HomeMy WebLinkAbout3.0 Staff Report - Director's Decision 05.14.2014Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 1 | P a g e PROJECT INFORMATION TYPE OF REVIEW Administrative – Educational Facility APPLICANT (OWNER) Mountain View Church of Glenwood REPRESENTATIVE Rick Barth and Nicole Wegner – Skylark School LOCATION 2195 CR 154 – South of Glenwood Springs at Buffalo Valley PROPERTY DATA 5.540 -acres ACCESS CR 154 ZONING Commercial Limited COMPRHENSIVE PLAN - FLUM Urban Growth Area – City of Glenwood Springs I. DESCRIPTION OF THE PROPOSAL The Applicant requests approval to conduct a private K-12 school in the lower level of the Mountain View Church structure located near the intersection of SH 82 and CR 154. The two uses would share the existing structure and parking facilities with church activities occurring on the weekend and the school activities on the weekdays. A Land Use Change Permit is required for “Educational Facility” in the CL zone district. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 2 | P a g e Proposed Site Plan Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 3 | P a g e II. HISTORY According to their website, services at Mountain View Church commenced in 1981 when a 275 seat multipurpose facility was completed. An expansion to add a 6,000 square-foot educational facility was completed in 1984 and in 1991 a modular classroom structure was installed on the site. Since that time a 10,000 square-foot addition to the worship center and educational wings, and paving of the parking area have occurred. It does not appear that school activities have occurred on the site in the past several years. The 1978 Zoning Resolution permitted “Church” and “School” as a use-by-right and building permits were issued for construction of these uses. The 2013 Land Use and Development Code requires an Administrative Review for both “Place of Worship” and “Educational Facility” within the Commercial Limited zone district. The historic use of a school on the site does not meet pre-existing, non- conforming status that would permit its ongoing use due therefore the requirement to obtain a Land Use Change Permit. III. ADJACENT USES AND ZONING The site is located south of the City of Glenwood Springs between the Roaring Fork River and CR 154/SH 82. A map indicating adjacent properties is located below as well as an aerial view of the site. North - Properties north of the church are residential in nature and zoned Residential Suburban. Park East, a City subdivision is northwest of the church. South - The subject parcel and other lands to the south and southeast are zoned Commercial Limited. These properties include Buffalo Valley, the El Rocko Mobile Home Park and Holy Cross Energy. East - County Road 154 and State Highway 82 are east of the church along with RFTA’s Rio Grande Trail. CR 115, Red Canyon, is southeast of the church. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 4 | P a g e West – Immediately west of the church is the Roaring Fork River and unincorporated Commercial General properties which are located adjacent to the City of Glenwood Springs jurisdiction and the Glenwood Springs Airport. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 5 | P a g e IV. REFFERAL AGENCY COMMENTS Submittal documentation was forwarded to the numerous federal, state and local agencies for review and response. Comments have been received from: Garfield County Road and Bridge: Exhibits J, O, R Garfield County Sheriff: Exhibit I Garfield County Environmental Health: Exhibit L SGM Engineering (on behalf of County): Exhibits V, W Colorado Department of Transportation: Exhibits G, P City of Glenwood Springs: Exhibit K (includes Planning, Public Works and Water/San) Glenwood Springs Fire Protection District: Exhibit H No response was received from the RE-1 School District. V. APPLICABLE REGULATIONS SECTION 4-203 DESCRIPTION OF SUBMITTAL REQUIREMENTS. G. Impact Analysis. Where the proposed development will impact specific features of the site, the Applicant shall describe both the existing conditions and the potential changes created by the project. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-foot radius. Staff Comment: Immediately adjacent land uses include residential to the north, residential motel to the south, the Roaring Fork River to the west and SH 82 to the east. The Glenwood Springs Municipal Airport is located across the Roaring Fork River as is the Sopris East Subdivision, both of which are located within the City of Glenwood Springs. A mobile home park is located to the south of the subject site. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Comment: The western portion of the 5.54-acre site includes a steep vegetated slope, riparian area and the Roaring Fork River. Outside of this area the parcel is essentially impervious surface including the parking lot and structure. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 6 | P a g e 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. Staff Comment: The application states that the County soils map do not reveal any known soils issues and that the existing structure has not experienced soils issues. Further, the site is well-drained with surface flow NE to SW with a small irrigation overflow channel at the south end of the site. Applicant requests waiver of providing additional information. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. Staff Comment: Waiver requested due to no proposed construction or site changes. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. Staff Comment: Waiver requested due to no proposed construction or site changes. 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long-term and short-term effect on flora and fauna; b. Determination of the effect on designated environmental resources, including critical wildlife habitat; c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. Staff Comment: Waiver requested due to no proposed construction or site changes. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 7 | P a g e 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comment: The parking area is paved therefore no dust should emanate from this site. Noise may result from children being outdoors. No glare, vibration or other emanations are anticipated from the school use. 8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. Staff Comment: Hours of operation are proposed to be Monday through Thursday from 7:30 a.m. to 4:30 p.m. ARTICLE 7 DIVISION 1. GENERAL APPROVAL STANDARDS. The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS. Staff Response: The property is zoned Commercial Limited which requires a Land Use Change Permit via Administrative Review for “Educational Facility”. The church is considered a pre- existing, non-conforming use as it was a use-by-right in the 1978 Zoning Resolution which was in effect at the time of construction. Should the Church seek future expansion the County would require Administrative Review for “Place of Worship” pursuant to Section 10-103 A of the LUDC. The Commercial Limited zone district standards include a minimum lot size of 7,500 square feet, a limit of maximum lot coverage of 75% for non-commercial uses and setbacks of 25’ front, 7.5’ rear and 10’ side setbacks or ½ the height of the building (whichever is greater). It appears that these requirements have been met however staff has not calculated the lot coverage and therefore has included it as a potential condition of approval. The paved parking area is substantial and therefore the Applicant should demonstrate compliance with this requirement. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. Staff Response: The Comprehensive Plan Future Land Use Map designates the vicinity as “Urban Growth Area” for the City of Glenwood Springs. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 8 | P a g e The 2011 City of Glenwood Spring Comprehensive Plan defines Urban Growth Boundary as those areas that can support urban-level development with available services such as water, wastewater, roads, police and emergency services. The FLUM above indicates both “Hillside Preservation” and “Riverside Protection” via the colored crosshatches. The pink is “Mixed-Use”. Hillside preservation is defined as prominent ridge lines, steep slopes, varied unstable geologic conditions, etc. This area is a steep slope on the west side of the property leading down to the Roaring Fork River which is the riverside protection area. N Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 9 | P a g e Riverside Protection is land and habitat along the Colorado and Roaring Fork Rivers that should be protected. Mixed Use allows for a variety of uses coexisting through design. A variety of Departments with the City of Glenwood Springs responded to the referral, Exhibits H and K. These departments include Community Development, Public Works, Water/Wastewater and Fire Protection. Community Development – The site is served by City of Glenwood Spring water/sanitation and the proposed school use will likely increase consumption of those services. Review will be needed to determine if additional system improvement fees are warranted for the increased usage. There is no pre-annexation agreement in place, as required. Public Works – Traffic analysis could include future impacts to Highway 82 based upon changes anticipated with the South Bridge project. Analysis of sewer and water should be coordinated with the City and there may be low water pressure in that area. The Applicant’s assumption that negligible impact will occur with the school use may not be accurate as the impacts from a school will occur weekdays. Water/Wastewater – Existing line sizes for water and sanitation service to the site appear to be adequate. Fire Marshal – Questions on classroom layout. Cites need for fire sprinkler system and fire alarm inspections as well as correction of any deficiencies found upon inspection. Copies of tests, inspections and verification of needed repairs shall be submitted to the Fire Marshal. Modification of interior spaces shall be reviewed by certified vendors in sprinkler and fire alarm design and completion of improvement should be required prior to final approval of this request. A Fire Evacuation and Lock-Down Plan shall be submitted to the Fire Marshal. 7-103. COMPATIBILITY. Staff Comment: The church/school site is located between the Roaring Fork River, CR 154 and State Highway 82. Buffalo Valley and the mobile home park are south while single family residential is north. Institutional uses may be compatible with a variety of uses including residential and commercial upon mitigation of any impacts. 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. Staff Comment: The site is served by City of Glenwood Springs public water supply. Additional taps may be required to serve the school. Acquisition of required taps prior to issuance of the Land Use Permit is recommended as a potential condition of approval. SGM Engineering made comment, Exhibit W, that a “will-serve” letter is necessary from the City of Glenwood Springs. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 10 | P a g e 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. Staff Comment: Comments were received from the City of Glenwood Springs that water pressure may be an issue in this area. The site is served by a lift-station that pumps effluent from the area to the City sanitation lines. SGM comments, Exhibit W, include:  Information should be submitted regarding the lift station, including existing flows versus proposed, the capacity, size of the force main as well as current condition and maintenance responsibilities;  Additional use of the lift station may require Colorado Department of Public Health and Environment review;  An engineering statement is required that the design, function and condition of ethe existing service is suitable for the proposed use;  A Will Serve letter is required from the City. 7-106. PUBLIC UTILITIES. Staff Comment: The site is currently served by public utilities however the Applicant should provide some documentation that the current service is adequate for the additional use of the school. 7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. A. Access to Public Right-of-Way. Staff Comment: B. Safe Access. Staff Comment: C. Adequate Capacity. Staff Comment: D. Road Dedications. Staff Comment: E. Impacts Mitigated. Staff Comment: F. Design Standards. Staff Comment: Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 11 | P a g e Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as contained in Table 7-107. 1. Circulation and Alignment. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off-set intersections, unless otherwise approved by the County. 3. Street Names. 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead-End Roads. 6. Relationship to Topography. 7. Erosion and Drainage. 8. Commercial and Industrial. . 9. Emergency Access and Egress. 10. Traffic Control and Street Lighting. 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. 12. Roadside Ditches. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. Staff Comment: The Applicant has requested a Waiver from this requirement due to existing facilities with no new construction. 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 12 | P a g e Staff Comment: The existing structure has fire alarms and sprinklers however the Fire Marshal recommends, Exhibit H, that inspections occur to determine if these are sufficient and in working order. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. Staff Comment: The site is located outside of areas designated as Important Farmlands of Garfield County as shown on the map below. Important Farmland 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Division of Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Staff Comment: The Applicant has requested a waiver from this provision due to the fact that there is no new disturbance of the site proposed. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 13 | P a g e 7-203. PROTECTION OF WATERBODIES. Staff Comment: The current structure meets the required setback of 35’ from the Typical and Ordinary High Water Mark of the Roaring Fork River. The Applicant has stated that the vegetative buffer will remain on the hillside overlooking the river. 7-204 DRAINAGE AND EROSION. Staff Comment: No grading will occur as the school is proposed to be located within the existing church structure. Runoff is stated as sheet flow across the paved parking area to the vegetative buffer with eventual discharge to the Roaring Fork River. SGM Engineering, Exhibit W, did not appear to have a problem with this issue. 7-205. ENVIRONMENTAL QUALITY. Staff Comment: It does not appear that air or water quality would be negatively impacted by the use of the school inside the church structure. 7-206. WILDFIRE HAZARDS. Staff Comment: The site is located in a moderate wildfire hazard area based upon County mapping. The vegetative buffer on the west end of the site is a steep area that could potentially provide fuel and the remainder of the site is impervious coverage (structure and paved parking area). The church structure has asphalt roof shingles and has both fire alarm and fire sprinklers. 7-207. NATURAL AND GEOLOGIC HAZARDS. Staff Comment: The Applicant has requested a waiver from this standard as no new disturbance of the site is proposed. County geology mapping indicates that the site has a high water table but is located outside of the moderate slope and soils issues that exist on the east side of SH 82. 7-208. RECLAMATION. Staff Comment: Not applicable. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the following standards shall apply to all uses, divisions of land and PUDs. Single- family dwelling units, are specifically exempt from these Division 3 standards. Wildfire Hazard Map - Moderate Rating Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 14 | P a g e 7-301. COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. Staff Comment: The site has operated as a church since 1981. Church services are held on Sunday with intermittent activities occurring at other times of the week. The use of a school on the site will create impacts outside of the time normally associated with church activities but, according to the Applicant, those potential impacts will occur during the day when most residences are vacant. Buffering is required to be installed to mitigate visual, noise or similar impacts to adjacent property when adjacent uses are in a different zone district. The Commercial Limited zoning of the site abuts the Residential Suburban zone to the north which requires buffering per this standard. There is minimal landscaping and the adjacent residence appears to be at least 100 feet from the access drive and 150 feet from the church structure. 7-302. OFF-STREET PARKING AND LOADING STANDARDS. Staff Comment: Site organization, operation and access is based upon two existing driveways into the site. These driveways lead directly into a paved parking lot which creates a looped system for access and parking. The Applicant proposes closure of the southern driveway to meet Road & Bridge standards for driveway separation therefore access to site will be from the northern driveway. This driveway does not meet the minimum width required of twenty-four (24’) and it has not been demonstrated that the aisle widths of the parking area meet the minimum requirements for two-way traffic. Staff has included potential conditions of approval: 1. That the southern driveway be permanently closed; 2. That the northern driveway access at CR 154 meets the minimum 24’ width required; 3. That the Applicant demonstrates compliance with the minimum Access Driveway standards of the LUDC. If the access aisles in the existing parking lot do not meet the minimum code requirement of 24’ for a two-way drive, the Applicant shall provide a satisfactory circulation plan with a circular, one-way, loop through the parking area which could achieve the intent of the code standards; 4. That the existing parking spaces meet the minimum dimensions for parking stalls; and 5. Demonstration that ADA requirements have been satisfied. 7-303. LANDSCAPING STANDARDS. Staff Comment: The Applicant has requested a waiver from the Landscape standards as there will be no additional disturbance for the school to be located within the church structure. If this standard is not waived there are code provisions that would apply, as noted above to buffer adjacent residential property, and landscaping within the off-street parking area. The site plan does indicate that existing vegetation may satisfy this requirement. Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 15 | P a g e 7-304. LIGHTING STANDARDS. Staff Comment: School hours will operate during daylight hours. There is some existing exterior lighting that may be attached to the structure but none is shown within the parking area. 7-305. SNOW STORAGE STANDARDS. Staff Comment: the site plan indicates snow storage areas on most of the perimeter of the parking area, except for that area on the south that contains a ditch. No calculations were provided with regard to compliance with required minimum areas of snow storage equivalent to 2.5% of the total area of off-street parking. The Applicant’s response to this requirement was that they will share in the costs of snow removal with the Church. 7-306. TRAIL AND WALKWAY STANDARDS. A. Recreational and Community Facility Access. A multi-modal connection, such as a trail or sidewalk, shall be provided in a development where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities are feasible. 1. Trail Dedication Standards. Trail rights-of-way for dedicated park lands and Open Space shall conform to the following criteria: a. The land required for trails or walkways shall be set aside as an easement or separate fee interest. b. All easements for trails and walkways will be dedicated to the public. c. The width of the easement shall be adequate to handle the proposed use based on the particular reasonable needs of the trail, its location, the surrounding terrain, and the anticipated usage. The minimum width for the trail easement shall be 8 feet. d. Public access to the trail shall be provided within the subject property. e. Any easement may overlap and include property previously included in other easements, such as ditch, canal, utility and Conservation Easements, and public or private open space. However, the trail easement shall not compromise the functional use of any other easement. B. Safety. Special structures and/or traffic control devices may be required at road crossings to avoid unsafe road crossings. C. Maintenance. Suitable provisions for maintenance of trail and walkway systems shall be established through a perpetual association, corporation, or other means acceptable to the County. VI. STAFF DISCUSSION 1. Access Director Decision March 14, 2014, continued to May 14, 2014 GAPA7770 16 | P a g e 2. Building permits? 3. Stormwater management VII. FINDINGS 1. That proper public notice was provided as required for the Director Decision. 2. That the review was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties had the opportunity to comment on the application. 3. That for the above stated and other reasons, and upon compliance with conditions of approval, the Land Use Change Permit for an Educational facility located at 2195 CR 154 in the CL zone district is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has adequately demonstrated that the proposed Educational Facility is compliant with the requirements of the 2013 Land Use and Development Code, as amended. 5. That the application is generally consistent with the Garfield County Comprehensive Plan 2030, as amended. VIII. DIRECTOR DECISION Should the Director consider an approval of the request the following list of possible conditions is provided to mitigate identified concerns: 1. That all representations made by the Applicant in the application and during the review process shall be conditions of approval unless specifically altered by the Director of Community Development. 2. Prior to issuance of a Land Use Change Permit the Applicant shall submit a State Highway Access Permit and Notice to Proceed from the Colorado Department of Transportation. 3. Prior to issuance of a Land Use Change Permit the Applicant shall close the southernmost driveway access on CR 154 in order to meet Road and Bridge separation requirements. The closure of this driveway must be permanent and is to be reviewed and determined sufficient by Road and Bridge. 4.