HomeMy WebLinkAbout2.0 DD Staff Report 05.08.2018REQUEST
Director Determination — Minor Amendment
5/8/18
File No. SUAA-05-18-8640
PW
PROJECT INFORMATION AND STAFF COMMENTS
Amendment to an Administrative Land Use
Change Permit for a Community Meeting
Facility
PROPERTY OWNER Red Barn Guest Ranch, LLC.
REPRESENTATIVE Larry Halonen, Richard Hallett and Tim Thulson
ASSESSOR'S PARCEL # 2181-063-00-135
PROPERTY SIZE The facility is located on a 20.76 acre parcel
LOCATION 345 County Road 262, New Castle, CO 81647
ACCESS The facility is accessed from County Road 262
EXISTING ZONING The property is zoned Rural
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting an amendment to an approved Land Use Change Permit for
a Community Meeting Facility. The facility is located east of the Town of Silt at the address
345 County Road 262, New Castle, CO 81647. The owner of the property is Red Barn
Guest Ranch LLC and is identified by the Assessor's Parcel No. 2181-063-00-135.
The Applicant's proposal for a Community Meeting Facility was conditionally approved by
the Board of County Commissioners on the 18th of December 2017 (Resolution 2018-16).
The applicant has not met the conditions of approval and no Land Use Change Permit
has been issued. For the Minor Amendment the applicant has requested to move the
bathrooms from the Red Barn structure to the Carriage House. The original application
stated that the Red Barn would be used as part of the Community Meeting Facility use,
including bathrooms and as an event space. The applicant has since had the Red Barn
analyzed by a structural engineer and identified that it would be too expensive to upgrade
the barn to meet current codes.
Because of this, the applicant would like to remove the Red Barn from the Community
Meeting Facility use. This requires moving the bathrooms that were originally planned to
be located in that structure, to the Carriage House. The Carriage House was reviewed as
part of the Community Meeting Facility use in the original application. Those bathrooms
will be connected to the OWTS that was reviewed as part of the original submittal.
As part of the application submittal the applicant indicated:
The project is to renovate existing buildings on a 20.76 acre ranch site to allow events
and community meetings. A Land Use Change Permit with conditions has been
approved by the county. Condition #2 states that the "Red Barn" and "Carriage House"
be upgraded to meet Garfield County building code requirements.
The intent of this requested amendment is twofold;
1. Pursuant to a structural analysis of the Red Barn, it has been determined that it is
not financially feasible to meet code requirements for this structure. Consequently
we wish to eliminate the Red Barn from the project entirely. It will not be used for
any of the events or community meetings.
2. The proposed restrooms, originally planned to be in the Red Barn will be relocated
into the Carriage House. They will be connected to the OWTS planned and
approved for the project.
II. BACKGROUND — AUTHORITY — APPLICABLE REGULATIONS
The Administrative Permit for a Community Meeting Facility was originally approved on
December 18th, 2017 and memorialized under Resolution 2018-16.
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;
2
The Amendment continues to meet all requirements of the Code. The
restrooms will be connected to the OWTS that was approved as part of the
original submittal.
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. No new
structures will be built, rather the bathrooms will be relocated from inside one
existing building to another.
4. Do not alter the basic relationship of the development to adjacent property;
The Amendment does not change the basic relationship of the development
to adjacent properties. The Carriage House has already been reviewed for
the Community Meeting Facility use. No expansion of structure footprint is
proposed as part of the amendment.
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 the density of the project.
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 the zone district dimensions to an amount
exceeding the maximum dimensions in the Rural Zone 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 Rural Zone district.
a. Amount of dedicated Open Space;
b. The size of or change in the locations, lighting, or orientation of originally
approved signs;
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c. Any zone district dimensions in Table 3-201.
IV. ADDITIONAL STAFF ANALYSIS
1. The original approval reflected in Resolution 2018-16 was adopted following the
Administrative Review and Call-up Procedures for a Community Meeting Facility 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 Community Meeting
Facility within the Rural Zone District.
4. The facility shall continue to be required to meet all existing conditions of approval
prior to and after the issuance of the Land Use Change Permit.
V. RECOMMENDATION
The Staff analysis supports a finding that the Application meets the criteria contained 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. It is recommended that all
conditions of approval found in the Land Use Change Permit recorded under Resolution
2018-16 (Reception Number 905353) 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 Resolution 2018-16 (Reception
Number 905353), 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 and previous approvals.
4. The Red Barn structure will not be used for the Community Meeting Facility use.
With this amendment, the only structure permitted to hold events associated with the
Community Meeting Facility use is the "Carriage House".
5. Prior to the issuance of the Land Use Change Permit, the applicant shall update
the site plan to demonstrate that the only structure permitted to hold events associated
with the Community Meeting Facility use is the "Carriage House".
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Exhibit 1
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STATE OF C0I,ORADO )
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County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners Meeting Room, Garfield County Plaza Building, in
Glenwood Springs, on Monday, the 18`t` day of December AD 2017, there were present:
John Martin Commissioner Chairman
Mike Samson , Commissioner
fom Jankovsky , Cotnmissloner
Kevin Batchelder , County Manager
Tari Williams , County Attorney
Kelly Cave Assistant County Attorney
.lean A Iberia) . Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.0, /CQ
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN ADMINISTRATIVE
LAND USE CHANGE PERMIT FOR A COMMUNITY MEETING FACILITY ON
PROPERTY OWNED BY RED BARN GUEST RANCH LLC, LOCATED AT 345
COUNTY ROAD 262, IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF
THE 6T11 P.M., GARFIF:LD COUNTY
FARCE!. NO. 2181-063-00-1.33
Recitals
A. An application for a Community Meeting facility was submitted by Red Barn Guest
Ranch LLC on property located at 345 CountyRoad 262, New Castle, CO 81617 approximately
two miles cast of the 'Town of Silt (File No. GAPA-45.17-85'I0). 'Fhc property is approximately
20.76 acres in size. Ownership of the property k described in a Special Warranty Decd filed for
record at Reception No. 890217 in the office of the Garfield County Clerk and Recorder.
B. The Property is located within unincorporated Garfield County in the Rural (R)
Zone District.
C. A Community Meeting Facility may he per;nitted in the Rural (R) zone district with
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an Administrative Land The Change Permit.
D. The Application was referred to the Board of County Commissioners by the
Director of' the Community Development Department by a Director's Decision Letter dated
October 17, 2017, The decision to refer the Application to the Board for a decision was in
accordance with Section 4-103(B)(4)(b) and Section 4-112 of the Garfield County land Ilse and
Development Code, as amended.
E. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit, pursuant to the Garfield County Land Use and Development Code, as amended.
F. The Board opened a public hearing on November 20, 2017, for consideration of
whether the proposed Land Use Change Permit should be granted or denied, during which hearing
the public and interested persons were given the opportunity to express their opinions regarding
tlic request. The Board continued the Puhlic. Nearing until December 18, 2017.
G. The Board completed a site visit to the subject property on December 1 I, 2017.
11_ On December 18, 2017 the public and interested persons were given the opportunity
to express their opinions regarding the application.
1. The Board of County Commissioners closed the public hearing on the I8`h day of
December to mala: a final decision.
J, The Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners,
2. The hearing before the Board of County Commissioners was extensive and complete, that
all pertinent facts, matters, and issues were suhmit'_cd and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons the proposed Red Barn Guest Ranch
Community Meeting Facility application submitted by Red Learn Guest Ranch LLC is in
the best interest of the health, safety, convenience, order, prosperity, and welfare of the
citizens of Garfield County,
4, That with the adoption of conditions the application is in general conformance with the
2030 Comprehensive Plan, as amended.
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5. That with the adoption of conditions and granting of waivers from Section 7-107 Access
and Roadway Standards and Section 7-303 Landscaping Standards, the application has
adequately met the requirements of the Garfield County Land Use and Development Code,
as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as pari of the resolution.
13, The Land Use Change Permit for a Community Meeting Facility also known as the Red Barn
Guest Ranch is hereby approved subject to compliance with the following conditions:
I. Prior to the issuance of the Land Use Change Permit, the Applicant, Garfield County
Attorney's Office, and Community Development Staff will conte up with a :Memorandum
of Understanding concerning future improvements on Highway 6 & 24.
2. Prior to the issuance of the Land Use Change Permit, the Applicant shall upgrade the ROCI
Barn and the Carriage House as well as any other structures that will be used as part of the
Community Meeting Facility use to meet adopted Garfield County Building Code
requirements and fire code requirements. Demonstration of compliance with this condition
shall be reviewed and accepted by the Community Development Department and the
County designated engineer.
3. Prior to the issuance of the I And Use Change Permit, the Applicant shall instal[ noise level
meter devices per the recommendations detailed in flankard Environmental's Noise Study
from August 23, 2017 and as consistent with the Applicant's representations. A letter shall
be submitted from the noise consultant detailing that the noise monitoring system was
installed correctly and is adequate to monitor noise levels as identified in the Noise Study.
Demonstration of compliance with this condition shall be reviewed and accepted by the
Community Development Department.
1. Prior to the issuance of the Land Use Change Permit, The Applicant shall remove the Rear
Access Drive note from the site plan. A demonstration of compliance with this condition
shall be reviewed and accepted by the Community Development Departtnent.
5. Prior to issuance of the Land Use Change Permit the Applicant shall widen the existing
driveway to 20 feet using an all-weather driving surface that is graded for proper drainage.
Compliance with this condition of approval shall be reviewed and accepted by the
Community Development Department, the County designated engineer, and Colorado
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River Fire Rescue.
6. Prior to the issuance of the Land Use Change Permit, the Applicant shall obtain and close
out an Onsite Wastewater Treatment System (OWTS) permit from Garfield County
Community Development. The system shall be installed consistent with the
recommendations from Mountain Cross Engineering's OWTS report from March 23, 2017
or as that report is updated. A letter from a Professional Engineer stating that the OWTS
was installed as recommended and that it meets all state and county required setbacks shall
be required, A demonstration of compliance with this section shall be reviewed and
accepted by the Community Development Department.
7. Prior to the issuance of the Land Use Change permit the Applicant shall provide an
engineering review addressing the impact of Slaughter Gulch and any associated drainage.
flooding, and/or debris flow issues that affects the property. If identified, the report shall
include mitigation measures to address any issues that shall be completed prior to the
issuance of the Land Use Change permit. The engineering report and associated
demonstrations of compliance shall be reviewed and accepted by the County designated
engineer and the Community Development Department.
8. Prior to the issuance of a Land Use Change Permit, the proposed parking arca shall be
reviewed by a professional engineer for storm water, drainage, and suitability issues as
described in Section 7-302 CO of the Land Use and Development Code. The Applicant
shall implement any required improvements from that review, prior to the issuance of the
Land Use Change Permit. A demonstration of compliance with this condition shall be
reviewed and accepted by the Community Development Department and the County
designated engineer.
9. Prior to the issuance of a Land Use Change Permit, the Applicant shall install and/or
provide ac ;css to a year round water supply that will provide at least 1000 gallons of water
per minute for two hours that nicets Colorado River Fire Rescue's requirements. A
demonstration of compliance with this condition shall be reviewed and accepted by
Colorado River Fire Rescue, Garfield County's designated engineer, and the Community
Development Department,
10. Prior to the issuance of a Land Use Change Permit, the Applicant shall install a treatment
system for coliform for both wells on the property as detailed in the Colorado River
Engineering Report dated May 5, 2017, and updated July 6, 2017. A demonstration of
compliance with this condition shall be reviewed and accepted by the Community
Development Department and the County designated Fngineer.
11. Prior to the issuance of the Land Use Change Pennit. the Applicant shall update the site
plan to remove specific references to weddings and replace that language with broader
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language to include all events. A demonstration of compliance with this condition shall be
reviewed and accepted by the Community Development Department.
12. All representations of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Board of County
Commissioners.
13. The Applicant shall comply with all local, state and federal regulations regarding tieilities
of this type.
14. Any music located in the Red Barn or the Carriage House shall comply with the decibel
requirements as detailed in the llankard Environmental Noise Study dated August, 23,
2017. The noise monitoring system shall be operated by the Applicant as detailed in exhibit
32.
15. The Applicant shall comply with County and State noise standards.
16. Amplified music shall comply with site plan representations.
17. The Community Meeting Facility hours of operation shall be 12:00 p.m. to 10:00 p.m.
18. All music shall be located indoors after 8 p.m. and restricted to the Red Ham and the
Carriage House.
19. All exterior lighting shall be downcast and shielded in compliance with Section 7-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
20. Events shall be limited to a total of 300 people on the property, including, but not limited
to event attendees and event staff.
21. The Applicant shall operate within Division of Water Resources conditions of approval for
all wells serving the property.
22. The Applicant shall obtain Garfield County building permits for upgrades to structures that
arc required to meet the adopted Building Code and Fire Code.
23. All event parking on site shall be in the designated parking area. No parking shall be
',emitted on the driveway or the County Road.
24. If a Security Gate is installed on the property the Applicant shall install a Knox Box and
work with Colorado River Fire Rescue, to allow access to the property.
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Dated this 9 day of
ATTEST:
DC
SEAL
2018.
GARFIELD COUNTY BOARD OF
COUNTY COMMISSIONERS, GAIFPIELD
COUNTY, i •• DO
Chuim
Upon motion duly made and seconded the fnreg
following vote:
COMMISSIONER CHAIR JORN F. NIA RJ h
COMMISS1ONI 1U 11KE SAMSON
cow tssioNE8, TOM JANKOVSKY
esnlutio adapted by the
• Nay_
Aye
_Aye_
STATE OF COLORADO )
)ss
County of Garfield 1
1, 5.411-r1 N1tIt[ia , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding ofthe Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of ..................... ..... _, A,1). 20
County Clerk and cx. officio Clerk of the Board of County Commissioners
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