HomeMy WebLinkAbout2.0 BOCC Staff Report 09.07.2004oo
O Exhibits: Mitchell Creek Resort SUP Public Hearing, September 7,2004
Exhibit Letter(AtoZl
Exhibit
A Mail Receipts
B Proof of Publication
C Garfield County Zoning Regulations of 1978, as amended
D Garfield Counw Comprehensive Plan of 2000
E Application
F StaffMemorandum
G Review Memo: Glenwood Springs Fire Department
H Review Memo: Garfield County Road & Bridge
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BOCC 9t7104 - JH
PROJECT INI'ORMATION AI\D STAFF COMMENTS
REOUEST
OWNER
APPLICANT
LOCATION
SITE DATA
WATER:
SEWER:
EXISTING ZONING
ADJACENT ZONING
A request for a Special Use Permit for a Resort
Thomas G McKinley (Vertex L.L.C.)
Ann M Gianinetti (Mitchell Creek L.L.C.)
Richard and Carolyn McKinley
t246 courtty Road nz /t&Aro['L \q'k P*l
26 Acres \-" (;?,,rL# frcaZ?( )wenW+zs*rf
++ ISDS (Prior to Permits)
A/R/RD AgriculturaVResidentiaURural Density
A/R/RD AgriculturaVResidentiaVRural Density
L PROPERTY LOCATION AND PROPOSAL DESCRIPTION
The proposal is located less thar2 miles north of Glgnwood Springs and Interstate 7O
oneounty RoailT'TJtrilectfy soutE of ttre Colorado Division olWildlife fish hatchery-
. Oneisa
sfirete-Amil),,l-" e with-an additional
deiached dwelling unit on the secoruf stonlivrhich is an un-permitted Additional
Dwelling Unit, and finally a storage barn used to secure materials for upkeep of the
property.
Mitchell Creek Ltd., Liability Company (50%) and Vertex, LLC (50%) and the
occupants, Richard and Carolyn McKinley would like to open the property to the
public as a bed and breakfast facility. The facility would be open seven (7) days a
week. Guests would check-in betwe\n the hours of 1 p.m. and 6 p.m. and check out by
11:00 a.m. \W^J LtrlAf ,
The design of the guesthouse (2,645 s.f.) offers two wings with a central living area.
The north wing accommodates one master bedroom with a fireplace, sitting area"
arL rr,h I tlsw" o
$a'*
private bath; two bedrooms with sitting areas, sink basins with vanities and share a full , I
bath. Each of these bedrooms wouldileep up to two guests. The south wing, which t161/<-
will serve as the living quarters for the occupants, accommodates the kitchen; on" 4 3'n)
master bedroom with a fireplace, sitting area, private bath; one bedroom and a full bath. Z. Z - 5
The guests would have access to the living area with a freplace and small library; the
large covered front perch (330 s.f), ttre kftEEE lor breaffiitEtrthep:-6-E-CilEd next
ta-Nmcfiell Creek which flows througl-tE prope-ry with a barbeque Ailn-aTd-Ifeitltd
I /-
The linen house on the south side of the guesthouse will be used for storage. ff
Upper Dwelling Unit
above four-car garage in a separate
ER
building has a kitchenette; bathroom with a
sleep a family of four.
shower,a wTap and
At full capacity, the property would facilitate require four
(4) vehicles for guests accessing the property.re is ample parking located on ft//,
property consisting of sixteen parking spaces with additional parking spaces avai
near the barn. The property has always accommodated a reasonable amount of traffic
consisting of standard forms of transportation on County Road 132 due to its occupants.
The improvements have a setback of approximately 200-300 feet from County Road
132 and are located on the northerly part of the 26-acre parcel creating a quiet secluded
location. The improvements are located furthest from the closest residence, the
Duprey's, which are directly south. The front of the property faces a steep hillside,
which is the boundary of the Storm King Ranch. The property has an existing wood
fence with an abundance of mature landscaping, small maintained grassed yards and
large stands of native and landscaped stands of trees on the periphery creating a natural
buffer from neighboring properties. The activity on the property will remain the same
and would not create any impact on and to adjacent uses of land.
The proposal as submitted meets the definition of a Resort because the use is proposed
within two separate buildings and is not considered by Zonng Resolution definitions
as a Bed and Breakfast which is only allowed to operate within one building. The
Detached Garage and Upper Dwelling Unit
The detached dwelling unit (720 s.f)
1
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(Applicant do$_!q!_glq!4Jo3pep[e_4ny of 1!p oqldoo-r activities associated with a
RE;rt b""uur" of site constrd'ints,.however, the use of the surrounding public lands are
seen aS an amenity oflhe proposed use-and can be used as such.
I REVIEWING AGENCIES AI\D DEPARTMENTS
a.
b.
c.
d.
e.
f,
City of Glenwood Springs
Glenwood Springs Fire Department
Colorado Division of Wildlife
Colorado DPH&E
Garfield Co. Road & Bridge
Garfield Co. Vegetation Management.
No Comment
Comment Received (Exhibit G)
No Comment
No Comment
Comment Received (Exhibit H)
Comment: No Concern
III. STAFF COMMENTS
a. Zoning: A Resort is interpreted as a special use pursuant to Section 3.01 in the
A/R/RD Agricultural/Residential./Rural Density. And is defined in the Garfield
County Zonng Resolution of 1978 as Amended as shown below;
2.02.448 Resort.: Wx or guest ranch; fuunting errtshing'earw, etffirs'
cnrnrry or trail skiins ledge{" lve (lZ) aweUW
units or forty-eiqht (48) beds or usedfor the purpose of
al activities, @ {-acilitie:-
commissary and other needs operated on the site for guests or members. (A.
8l-145;81-263)
The Applicant has indicated in the narrative portion of the application the desire to
operate a bed and breakfast operation. They have shown their confornance to the
limits of guest occupancy for a resort and additionally have no interest as well as
location opportunity because of close proximity to the State DOW fish hatchery to
pursue the various recreational activities allowed in the definition above.
b. Process: The Zoning Resolution of 1978 provides a process by which a Special Use
Permit request is reviewed. In the event this proposal is approved, the applicant
realizes their responsibility to return to the Garfield County Building and Planning
Department and apply for an approval for of the resort for any additional phases as
outlined in the application. The current Special Use Permit process does not
provide a process for amendments to an existing and approved Special Use Permit.
Rather a new application that highlights the current approved use and the addition
of new proposed uses for approval consideration must be submitted at a later date.
X-". Roads & Access: There is minimal visibility and an inadequate driveway noted by the
@ Road and Bridge Department. The applicant shall comply with
the two (2) requests as stated in the Garfield County Road and Bridge Department
thpn on\ arrrh^r,fic + t/ty'^t,71/U fr*4rfr,, /rha,*/}^ )tz,ttt at--
d.
review. The Applicant shall make these improvements and request an inspection
from the Garfield County Road and Bridge Department to veriff compliance prior
to issuance of the Special Use Permit.
Water: Mitchell Creek LLC has an absolute water right for specified uses and point\
of diversion on Mitchell Creek in accordance with the water court decree, however \
some questions remain regarding the specihcs of the decreed water rights.. . I*r,4 \
The uses in this application are served by an individual off site ryell;known as the /
Hubbard/Cascade Spring which is shared with four (4) other users, "petition to /
Amend Decree" case #97CW291; has an overall production rate allocation of 22.5 --\
'ff; ^ftr: #il[JH:i'"&"ffi 'tr:*Wrww* ?t' i*;;;:* (
Further validation of the applicant's claims of adequacy is necessary for the I
proposed use which at times may exceed the amount of historic usage based on full I
occupancy. Therefore a water test shall be conducted to determine physical water /
supply for the proposed use. These requirements are listed at the end ofthis report. ,/
Sewer: The current sewerage system of 1000 gallons per day is deemed incapable of
adequately supplying necessary services for the 6 and potentially 7 bedrooms of the
resort. The applicant has stated their intention to upgrade the current septic tank to
2000 gallons per day. Verification of the actual design flow of the project's septic
requirements being kept under the State requirement of 2000gaVday design flow
shall be reviewed prior to issuance of the SUP.
The septic system is also in non-conformance with the State's "Minimum
Horizontal Distance" table which states 50 feet must be between a stream and a
septic tank, however, for repair or upgrading of existing systems where the lot
precludes adherence to these distances, repaired systems shall not be closer to water
supply components (Mitchell Creek) than the existing facility.
The
ifsuance of the Use Permit.shall
uired the total number of
f, Building Department: The detached garage has a second floor dwelling unit which
has been improved and finished and is classified as an
Accessory Dwelling Unit. The Applicant shall submit a new application for a
ilding permit to the Garfield County Building and P .or tms
unit, allow inspections,of Occupancy
consistent with the adopted rules and regulations of Garfield County prior to the
issuance of the Special Use Permit. Also the dwelling unit must be certified by a
Registered Colorado Engineer or Architect that all concealed areas of construction
comply with Garfield County Building Code Requirements.
4
and single family dwelli
illegal, non-conforming
The
unit.
a
2c
e.
l.
g. State and Local Health Standards: See requirement pertaining to water and sewer
above
h. Drainage: The parcel drains to the west to Mitchell Creek as the watercourse runs
north to south through this steep and narrow property. The proposed use as well as
the other surrounding properties is known to be subject to sporadic and unusual
hydrologic and geologic hazards.
ry. REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of the Zonng Resolution.
A. Section 5.03 Review Standards
1) (ltilities adequate to provide water and sanitation service based on accepled
engineering stondards and opproved by the Board of County Commissioners
shall either be in place or shall be constructed in conjunction with the proposed
Staff Response: The Applicant has demonstrated adequate water can be
provided for the proposed use. The Applicant must augment he existing septic
system and has provided preliminary information as to how this will be
provided. This item has been met with conditions as listed at the end of this
report.
2) Street improvements adequote to accommodote traflic volume generaled 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 Resoonse: The Applicant has access for the proposed use, however there
are conditions as stated by the Road and Bridge Department, which must be
met prior to issuance of the SUP.
Additionally, the Applicant shall demonstrate how wildfre hazard fuels have
been mitigated around structures and the adequacy of emergency vehicle access.
This item has been met with conditions as listed at the end of this rPnort.
Fire Protection: The Glenwood Springs Fire Department has a number of issues that
must be satisfied prior to isstnnce of the Special Use Permit as noted in the
conditions n thts ripoy u rd/r,rz %:*A
Vegetation Management: Comment received with no concern L o
3) Design of the proposed use is organized to minimize impact on andfrom adiacent
uses of land through installalion of screen fences or landscape materials on the
periphery of the lot and by location of intensively utilized oteas, occess points,
lighting and signs in such o manner as to prolect established neighborhood
character;
Staff Response: The Applicant has indicated and described how the proposed
use, which has been in place as a single family residence prior to the 1940's and
will not visually impact adjacent uses by placing additional uses near existing
buildings and using existing vegetative screening. Additionally, the dwelling
units to be used for the Resort are at a distance from which maintains a
separation and shall not impact the operation of the State's hatchery operations.
This item has been met.
V. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That the public 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 Special Use Permit is in
the best interest of the healttr, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zonng
Resolution of 1978, as amended.
5. That the application is in conformance with the Garfield County Comprehensive
Plan of 2000.
VI. RECOMMENDATION
Staffrecommends APPROVAL, with the following conditions:
l. That 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.
6
X ff,u, the applicant shall obtain ired and
permits and inspections, among othedconffit-with the adopted rules
regulations of Garfield County for all development within the resort area.
3. If any further expansion of the use is attempted, the applicant shall readdress the
proposal by obtaining the necessary approvals from the Board of County
Commissioners.
4. The Applicant shall apply fof:fsepric-+ermit and receive a final inspection prior to h
issuance of the Special Use Permit. The existing septic system capacity shall tre, -1
elevated and expanded requiring Garfield County standards of performance for uY (/'
bedrooms ISDS of the separate dwelling unit and single-family dwelling unit which'
shall also meet Colorado Department of Health and Environment ISDS setback
standards.
5. The applicant shall make application to the Garfield County Building and Planning
Department for a building permil for the detached dwelling unit, allow inspections,
and uftimat. y consistent with the adopted rules
and regulations of Garfield County prior to the issuance of the Special Use Permit.
J Also, -a Registered Colgrrado E-!-ffi
tt " aaact "a-i*Jiirrg-unit- co-mplies with Garfield-effity--
@goEReqtiiirementi
All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward, downward and towards the interior of designated cabin
sites, except that provisions may be made to allow for safety lighting that goes
beyond the property boundaries.
The Applicant shall demonstrate how wildfre hazard fuels have been mitigated
around structures and adequacy of vehicle access for emergency services to the
g,lenwood Springs Fire Department prior to issuance of the Special Use Permit.
The Applicant shall comply with two (2) requests required by Garfield County
Road and Brideepepartmelt, which require the Applicant to;
i. either remove the vegetation which impairs visibility or place a convex
mirror at the ingress/egress point of the Resort, and
ii. improve the surface of the driveway apron from the current % nch base to
a chip and seal, asphalt or concrete material surface
The Applicant shall make these improvements and request an inspection from the
Garfield County Road and Bridge Department to verifr compliance prior to
issuance of the Special Use Permit.
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6.
7.
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8.
4,
7
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sA ran*e*--**^,,*?*"ffi"M:-f ,mL I nH
@atersupply;
l. That a four (9-ho"r-pUrnPlest be performed on the well to be used;
2. A well completion report-?emonstrating the depth of the well, the
characteristics ofthe aquifer and the static water leygl;
3. @ur pump test indicatfrg fi" pg-p-lgg-tutg i"DUmDlnq rate
,allo ns pei min-ute and in6-rmat6 n -Sh-owingl drawao wn ffi charEd-
+. Amtt*aiomq of the person conductingffill
should be adequate to supply water to the proposed use on;
VII. RECOMMENDED MOTION
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EXHIBIT
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AUG 2 7 2004
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To: Jim Hardcastle, Garfield County Planner
From: Ron Biggers, Fire Protection Analyst, Glenwood Springs Fire Dept.
RE: Comments on Mitchell Creek Ltd. Liability Co. & Vertex, LLC application,
Location;1246 Cty. Rd. 132, Glenwood Springs, CO
By the information presented in the application it appears the building already exist on
the site if this is the case the following will be required:
1. The site will need to be evaluated by Glenwood Springs Fire Department for tlie
need for wildfire hazard fuels mitigation around the structures.
2. The on site roads will need to be evaluated for emergency vehicle access.
3. Portable fire extinguisher will need to installed in the structures. Contact
Glenwood Springs Fire Department to schedule a walk through of the buildings to
recommend placement locations.
If this is new construction:
It is to be built under the regulations of the 2003 International Building and Fire Codes.
By the information presented the B&B would be classified as a R-l occupancy (tlie
building department has the final say on this) and would need to contain all the fire
protection measures the code requires for R-1 occupancies. IJnder Section 903.2.10.1 of
the IBC 2003 edition this occupancy would need to have an automatic fire suppression
system installed in it. Because of the location of the structure we recommend the it be
built using Firewise Construction Design and Materials by Peter Slack as a guide.
For a new structure all the items listed above for existing structures would also need to be
addressed.
Prior to giving final approval to the applicants they shall contact the Glenwood Springs
Fire Department to schedule a site visit and to discuss the above items. Depending on the
wildfire fuels hazards rating for the site, a hazards fuel mitigation plan may or rnay not be
needed before final approval and implamented..
If you have questions please contact me via email or phone 384-6433.
lOI WEST 8TH STREET GLENWOOD SPRINGS. COLORADO 81601 970-384.6480 FAX 970.945.8506
Rtrg I S O4 O3: 55p Distr-ict 1o 970-945-1314o p.1
EXHIBIT
..
-cD0.-'^:i'J*:Garfield County
Road and Bridge, District 1
r-.,,i.{i:tr-r-Dl.;CrU$J.I 73fi1 Hwy 82, Clenwood Springs, Co 81601
irulLljit{G,I., PLP.I{trrtr- g7ug45-1223 ph,g45-l3lg fax
Date: 08-16-04To: Jim Hardcastle
Building and Planning
From: Bobby Branham
Road and Bridge Dist. IRe: Mitchell Creek Resort and Vertex LLC
Land Use Request to allow for a Resort
I have reviewed the Land Use request and have made the following observations.
The driveway apron at the county road is approximately 30 feet in width,
narrowing to 15 feet at the gate ovet a distance of 20 feet. This is acceptable; however
there is minimal visibility fbr vehicles that would be exitinpl from the property. Ideally
there should be a minimum of 250 feet visibility in either direction- Since the patrons of
the establishment would more than likely not be locals to the mea, I find this to be an
important issue. Lr order to accomplish this, the owner would have to remove a wall,
fence, and several mature rees and shrubbery- This would be the most desirable
resolution for Road and Bridge. Since I'm sure ttris u'ould be r.urdesirable to the owner,
the proper placement of a convex mirror could be considered.
The current surface of the driveway apron is !/o road base. Road and Bridge
requeststhat the owner improve the surface with either, chip and seal, asphalt or
concrete.
Drainage does not appear to be an issue and therefore no culvert is requested.
Bobby Branham
Dist.l Road and Bridge