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Home My WebLink About2.0 Staff Report DD 04.23.18REQUEST PROPERTY OWNER REPRESENTATIVE ASSESSOR'S PARCEL # PROPERTY SIZE LOCATION ACCESS EXISTING ZONING Director Determination - Minor Amd 4t23t18 File No. SUAA-O4-1 8-8633 DP Amendment to a General Administrative Land Use Change Permit for a Veterinary Clinic Eastbank, LLC Chad Lee, Esq 2185-354-15-002 The facility is located on a 16.983 acre parcel. The property is located at 3927 County Road 154. The facility is accessed from County Road 154. The property is zoned Rural PROJECT INFORMATION AND STAFF COMMENTS I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting an amendment to an approved Administrative Land Use Change Permit for a Veterinary Clinic. The facility is located south of the City of Glenwood Springs and is known as3927 County Road 154. The facility is located on property owned by Eastbank, LLC. The subject parcel is described by tax lD 2185-354-15-002 and is located in Section 35, Township 6 South, Range 89 West of the 6th P.M. More specifically, the Applicant requests a Minor Amendment to a Land Use Change Permit for a Veterinary Clinic issued on September 15, 2016. The Amendment would amend Condition # 13, which reads as follows. Within one year from the date of issuance of the County OWTS permit for the vautt and haul system, the system shall be removed and replaced with either: (1) connection to and se¡vice provided by the Roaring Fork Water and Sanitation District (RFWSD), or (2) installation of a permanent OWTS consistent with the sife plans and representations made within the application. 1 As the OWTS was issued for a vault and haul system on April 19,2017, the deadline to comply with this Condition is April 19,2018. The Application includes the below request and response to the County Land Use and Development Code criteria. Eastbank, LLC is aware of the environmental cost associated with each OWTS installed in this area. As such, it is making every effort to connect to the RFWSD system. In furtherance of this effort, it has installed, at great cost, the infrastructure necessary to connect both buildings to the RFWSD water and sewer system. But completion of terms of the connection are ongoing and somewhat complicated by (i) the finalization of all in-ground and below-ground easements with both RFWSD and the RE-1 School District with regard to the new in-place infrastructure (including the service lines, lift station, fire hydrants and other system facilities); and (ii) an ongoing PUD planning process for the entirety of both Eastbank "lots" (inclusive of the two commercial buildings). Even so, we believe an agreement is imminent; and, by coincidence, expect to be on the RFWSD Board agenda on April 17th for action on the final easements and Pre- lnclusion Agreements (and requested "Can and Will Serve" letter for the PUD application). However, under the circumstances we do not foresee interconnection by April 1 9,2018. Therefore, Eastbank, LLC, hereby requests an additional 12 months to either connect the utilities to RFWSD or install a permanent OWTS system. Given that the Garfield County Code requires that "every effort" be made to secure a public sewer extension (see GCULUR S 7- 105(B) (1)), we believe it would be contrary to the public interest, as well as the intent of both the Code and Comprehensive Plan, to require Eastbank, LLC install a permanent OWTS, when negotiations are still underway and infrastructure to connect to a public system is already in the ground. Additionally, this request for extension is a Minor Modification to an approved Land Use Change Permit as defined in Section 4-106(C) because: (1) lt complies with all requirements of the Code; (2) lt does not conflict with the Comprehensive Plan; (3) lt does not change the character of the development; (4) lt does not alter the basic relationship of the development to adjacent property; (5) lt does not require an amendment or abandonment of any easements or rights of way; (6) lt does not increase the density; (7) lt does not increase the zone district dimensions to an amount exceeding the maximum dimensions in the applicable zone district; and (8) lt does not decrease the amount of open space, alter the location, lighting, or orientation of signs, or any zone district dimension. 2 To this end, the Applicant has requested that Condition #13 be modified as follows in order to extend the timeframe by which an OWTS or connection to the RFWSD needs to occur. On or before April 19, 2019, the temporary vault and haul septic system authorized by Permit # SEPT-04-17-4680 shall be removed and replaced with either: (1) connection to and seruice provided by the Roaring Fork Water and Sanitation District (RFWSD) or (2) installation of a permanent OWTS consistent with the site plans and representations made within the application. II. BACKGROUND - AUTHORITY - APPLICABLE REGULATIONS The Administrative Permit for a Veterinary Clinic was originally approved on September 15,2016 and memorialized under Permit reception number 882419. Section 4-106 of the Garfield County Land Use and Development Code sets forth the process for requesting an amendment to an existing Land Use Change Permit. Section 4-106(C) contains criteria for determining if the requested amendment is a Minor Modification. In accordance with the Land Use and Development Code a Pre-Application conference was held and the Director of the Community Development Department made a formal determination that the Application meets the Minor Modification criteria. III. REVIEW CRITERIA - STAFF ANALYSIS The Minor Modification criteria from Section 4-106(C) are shown below with Staff analysis shown in italics. Minor Modifications are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Land Use Change Permit, including Subdivisions, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; The Amendment continues to meet all requirements of the Code 2. Do not conflict with the Comprehensive Plan; The Amendment does not conflict with the County's adopted Comprehensive Plan. 3. Do not change the character of the development; The Amendment does not change the character of the development. 4. Do not alter the basic relationship of the development to adjacent property; aJ The Amendment does not change the basic relationship of the development to adjacent properties. 5. Do not change the uses permitted; The Amendment does not change the uses currently permitted. 6. Do not require amendment or abandonment of any easements or rights-of-way; The Amendment does not require abandonment of any easements or rights of way- 7. Do not increase the density; The Amendment does not increase fhe density of the proiect. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and The Amendment does not increase fhe zone district dimensions to an amount exceeding the maximum dimensions in the RuralZone District. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: The Amendment does not decrease the amount of any of the following to an amount below the minimum required in the RuralZone district. a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; c. Any zone district dimensions in Table 3-201. IV. ADDITIONAL STAFF ANALYSIS 1. The original approval reflected in Permit Reception Number 882419 was adopted following the Administrative Review Procedures for a Veterinary Clinic as outlined in the Land Use and Development Code of 2013. 2. No changes to the general character of the facility are proposed 3. The proposed changes will conform to the standards for a Veterinary Clinic within the Rural Zone District. 4. The facility shall continue to be required to maintain compliance with all existing standards and conditions of approval. 4 V. RECOMMENDATION The Staff analysis supports a flndlng that the Application meets the crileria contailled in Section 4-106(C) for a Minor Modification. Section 4-106 (C) states that upon finding it a Minor Modification the Director may approve, approve with conditions or deny the amendment and provide written notice to the Applicant. lt is recommended that all conditions of approval found in the Land Use Change Permit recorded under Reception Number 882419 remain in full force and effect. To this end, staff recommends approval of the Minor Modification with the following conditions. 1. That all representations of the Applicant contained in the Amendment Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. All previous conditions of approval contained in the Land Use Change Permit (reception number 882419), attached as Exhibit 1, shall remain in full force and effect. 3. The Applicant shall maintain compliance with all standards as required by the Land Use and Development Code of 2013. 4. Condition Number 13 within the Land Use Change Permit (reception number 882419) shall be modified to read as follows: On or before Aprit 19, 2019, the temporary vault and haul septic system authorized by Permit# SEPT-04-17-4680 shall be removed and replaced with either: (1) connection to and se¡vice provided by the Roaring Fork Water and Sanitation District (RFWSD) or (2) instattation of a permanent OWTS consistent with the site plans and representations made within the application. 5 Exhibit 1 lruþËilht:lFl{llrlfuaot¡¡nt: lltllOðt, rlttöro 0l:tl,10 rlt'l .t a lao t..'to 0O Doa fiftt¡¡g {f ¡$J tittfi "ïfl ill lf I I H,8låE ltrtrr..o 6orürr öo LAND UEE CHANGE PERMIT ÂTTEST:D¡ÊECTOR OF THË COMMUNITY OEVELOPMENT üEPAFTMËNT Shgrt , AICP tN A 16.983 Acra Paræl of Land Awnad by Eastbank, iJ:ã tocated appoxtatcty t.5 Mllss fu,t$, ol ths clty ol Gtenwwd sprtrye with Acç;asç uf cwnty Soad 154, Knawn ds S9à7 county Rodd 154 and as Lal 2 ol ttle Eastbank Mlnu Sr.rMiv¡s¡'on, Qarfrcîd buntY {Ae*stoft Parcçl No. 2 I 85'3&4 5'0CI2) tn accordanca with and purrirant to provieione ol ths Gadield County Land Uce ånd Oeveøpment Cod6, as âtnendêd, the rolloudng ac{ivity le henby authori¿ad by Land U¡a Ctr¡nge Parmill AVaterircry }lÍnlc as shown ø the Site PÍsn Attactlpld as Exhlbtl"A. {6APA' 05-r6'8453) Thls Land Uea Change Parmit ls iaeued st b¡sct la lhe cofldltioûs conla¡md ¡n lhs ne¡o¡¡tlon ol Approvai (EJùibil B) and shall b¿ va$d o¡Vdyring complianca wlth guc*l coni¡tions ¡nd'åther applhable- provlslons ol the OarlieNd County Land UsE afd nrr4àp**,¡ tode, as åmendcd, building Codo, and othar regulations ol lhe Board of County Cornmleslofiore d Gadield County, Color*do' Ðate 6 IrEr I ot { Lt ¡o ¿ 16r¡*rF-.tTJÞçTÁ?T -¡ ï "f,it:T?deu €13lqeÂiiiilIIi;,t,iltliliil**,,ilr..lltnitslrrt 13,{:uu¡:e¡e¡l?tr Tlãe,¡'clp.dq?T¡t F.å?tls- 6t93pI. r{exanç:g({I,fIiTIt{ua¡6 a¡¡g t¡*fo¡A}v ïauxaoâ À$Í0¡ ñ' I tü?,!Ê,8' i!+äi,$¡if åTft þ,ljj$t[ ll'1il{nt¡ïl{llllfi¡{T{,1't$tl lt{ $llÛf,l'lfl lll $ Hr,rlllt'l¡Tt lI ll H f l'l{ ¡iüT I \t¡l l¡ J H il trlf ilC' n fi R¿crellont: äÜ2tll Fllìltl-:3 p*t¡oli.oã*ti 8ls'ååF '..n ctùr?y co Exttibit B Conditions.to be Satislied Priorlç-lçS}¡gnce ol lhs Lend U$å Chanqs PsÍnlt 1. The Appllcanl shall provide a Slorrnwaler Managernent Plan which fncludea drainaiå cahulatione. Thls Plan *hall be revls',vad and accapted by the Garlield Countf Oæqnaled Ënginear prior lo içsuance of the Land Uoe Charçe Pcrmit. Z. The Applicant ehall provlde å copy of lhe new well permil and gssall Waler Gonsexanry Oislricl augmentãtìofi contracl that allows lhs uae tor a vaterinary clinic, to bå raviewsd ¡y ttre County lleslgnalad Enginoer and Comrnunlly Deveiopment $epartment pdor to lssuânce ol lt¡e Land Use Charqc Pernlt' 3. Ttre App¡cant sluil prcvide å copy.ol tl¡a executad well sharing agreemenl batwaéi ha veterinaþ clinlc and vghicle repair laciåity, lo be revlsrvEr! by ihe County Attorne/s Olflce and Comrnunlty Dev*lopmenl Oepadmenl ptior to igsuance ol lhs Land Use Change Parmit' {. Tf}ê Appf,ca;rt shall provide * waler qualily læt thâl meels lhe atanda¡ds ln Sectlon 4-2ggiMXfXÞX5Xc) of the LUDC, revlevrsd ard accaplod by lhe County DeslgÀaiåd Ènà¡iber prior to issuancs of lhê Land Us* Changa Pernit. 5. The Apdhant s,lrall provlde documsntalion fl8lo wtuther lhc comblned veterinary cilníc ååd vÊhlcle reþair lacility will necd to mset tha requírernenls ol the Colorado primary Drtnklng W*ter Ragulations {water) andlor lh€ Colorado l¡/ater Quallly Osntroi Act {waãørvater}. The submitlal shall be revíewed and accepled by the County Designated Ênginaor prior to issuance CIf the Land Uee Change Pernit. 6. The Appllcanl shalt provide soile charectsr¡sl¡cÉ end elope inlorrnation lor the wastewåter *bsorption arse to en$,re compllanco wllh Counly OWTS rules.and regulations for the proposed perrnanon! O1^iTS system. Thie inlornation shall bg reile,¡ud and rccaþte'd by tlle County CIesignated Englnaer prior lo 'r¡suance ol the l-and Uso Change Perr¡il. Z. The Appflcant shallprovido a draft waslevrater systarn eharing agreemenl þalween ttre veiérlnary clinb and vahlcle repalr facllily prior lo êxecution {o be ævlewed and acccptod by ilre Counly Allorney c Oflice prior lo issuance o{ lhe Lsßd Use Change Pemll. 8. The Applicant eha?l rneat w{h the Gþnwood Spring* Flre Dapaínenl lo çsmo lo an agie*ment on {l} nec€ssâry lire ffow wâlÊr and prÊssürê to supporl flreflgfilktg oporãione, and {â) lhe number g,nd localiôn ol hydrants_on sile, The Âpplicant óatt providø avkJancs of the consullalion wllh lha Fire Ðepârlm€nl and w¡ttm documentalion af the aEreornenl regarding lhe Elorernentioned iterns to lhe Þage I of { I il tlLt'g'trïi !¡lfå!rôÊrÞl¡ml: 66jlat!0ir1ô'rlo!¡ ôl;l! I r! nt,l ol I fus F¡r.t0 ù0 bx lffl l¡l?lt1Íilü'#llt¡h&'[ I I I tliî,ãf lfåfr.¡rr, ðt¡rrï eû Communiþ Oeveloiment Ooparfnont and Counly Ðeelgnated Enginear lor reviøl and acaepianca prior lo lssusnce cl tt¡e L¿r¡d Uge Ohange Permlt. Qther Cgndllions 9. A¡ represEnlation oT the Applicant contained in lhe applicalion shallbe conside¡ed candllions of approYal, '!$.The Velednary Cllnlc shall be au$ecl ts all Galþld County Bullding Code Flequ{rsmer*s. 'l l,Alt extsrior lgfll¡fig slrau ba dovúncast ånd shþ¡ded and c€rnply w¡th Sectlon 7'30¡1, Ligh¡ng gtañdard-s, of the L and Usc and Developnrent Code of 2013, as ar¡ended" 12.ïhs þptlcant drall oþtain â Co{.rnly OVUTS permlt for bolh lhe vault and haul waetewâter disposal syslem and lhe petmanent OWTS, as applicable. 1S. Within one year frorn the date sf lssuanos ol lhe County OWTS permit lor lhe våult and haul syslem, the eyslarn shall þe ramoved ard raplaced wi*r elthøl: (1) connection io an¿ servi¿ê provided by the Floaring Fodc Waler and Sanilåtion ûistrict {RFW$û), or {2} inctallallon of a petmanent ÕltfTs conelstenl wilh lhe eile plans and represenlalions nradB w{thfn the applballon. '!4"41 lhe time lhs roadwey ta tha scfioðl eite actoss Lcú 3 is construcled, the soulherly åcûess lor Lot 2 onto County Ftoad 154 gl'lall be closed and relocaled 1ô conn€cl to lhe school sils accsss road, t5.This propffty Is localed v¡ilhin lhe City o! G!e1w.o9{ !n1nes' Source Wator proleiXion Area. The opåralor should be mindfulol thie fn lholr operations, ånd côntacl lhe GlEnwooct Sirlngs water treatmant plant operalor ln the event ol e splll. 16" Horse and other liveslocft rnânurs shall þe cTeaned frequently ¡nd slorËd so lhet nutdenls and bacleria ars not sllowEd to leaw lhø propaly. .t7.The operalor âhall côntrûl lug¡!¡ve dusl through appropllale dusi conllol measutsg auch ás rvnter applicatlon, revageletion when possible, and cowring þare surfacss wilh gravol. 1$,Duol, odors, gao, lumes, and glare shall nol bp emilled al þvels lhal are rðasonably obie*llonable to adjacenl propcrty. 19. Nolse shall not exca€d Slale noise standards pursuânl to C.R.S., Arlicle 12 of Title 28. Þ¡ga { cf t 9