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HomeMy WebLinkAboutBocc Packet 11062013 NJS Hobby Farm LLC Child Care FacilityMEMORANDUM TO: Pitkin County Board of County Commissioners THRU: Cindy Houben, Lommunity Development Director FROM: Mike Kraemer, Planner/4%K RE: NJS Hobby Farm, LLC Special Review for a Day Care Center DATE: November 6th, 2013 SUMMARY: The Applicant requests Special Review approval for a child day care center and conversion of approximately 1,000 square feet of the existing residence into a day care center for service of up to 24 children. APPLICANT: Mary Elizabeth Wolfer (NJS Hobby Farm, LLC) LOCATION: 258 Alexander Lane. PID#: 246718100011 ZONING/LOT SIZE: AR-10/1.5 acres. LAST BOCC REARING: The Board heard this request on October 23rd and continued the hearing to allow the Applicant additional time to address items regarding the development. The following bullet points outline items that Staff and the Applicant are to address: • Provide a site plan that illustrates drop-off and accessible parking options if children are driven to the site. Attached is this site plan (Attachment A) showing the drop off areas and accessible parking. • The topic of the Road Impact Fee was discussed at the last hearing. If exacted, the Applicant would be required to pay approximately $18,000 prior to building permit issuance for the upgrades to the building. The Applicant has provided an analysis (Attachment B) that discusses fee elimination through, what the Code describes as, an "Independent Fee Calculation". • The Basalt Sanitation District provided a letter (Attachment C) stating that they have the ability to serve the property and its proposed use. The Applicant has stated that an upgrade to the existing septic field will not be explored and that tapping into the District's sewer line will occur if the application is approved. A condition in the draft resolution acknowledges this requirement. • The topic of on —site affordable housing and the requirement for a deed restriction were discussed. The Applicant stated that a standard deed restriction for the proposed 3 bedroom residence was not an option for the proposed use, due to security issues and other various reasons. The idea of a "special" deed restriction that would essentially link the child care use and its employees to the 3 bedrooms was discussed as an option. This "special" deed restriction for on -site employee housing that is linked to a commercial operation has occurred in the past and has satisfied the housing requirement. At the time of this memo, a deed restnction is still Page 1 of 2 noon 0A' II being drafted and not available for the Board packet. It is anticipated that a draft will be available for the hearing. RECOMMENDATIONS: The Applicant has offered compelling arguments for a reduction to the Road Impact Fee, though Staff does not agree that a complete elimination of the fee is warranted. The argument could be made that there is potential for parents who use the facility that live in the upper and mid -valley will use County roads to access the Basalt Park and Ride or drop their children off directly at the subject property. Though direct onsite drop-off is stated to be limited given the proposed use of public transit, the potential is still available. Staff recommends that the BOCC consider the Independent Fee Calculation analysis provided by the Applicant and, reduce the exaction to an amount that is deemed more proportional to the proposed use of a child care facility and representations made in the application. Staff further recommends that if the draft deed restriction provided at the hearing is in an acceptable form and has the appropriate content, the BOCC should accept the proposed affordable housing as adequate mitigation for the child care use. Staff further recommends the BOCC adopt a motion to approve the NJS Hobby Farm LLC Special Review for Day Care Center subject to the conditions of the attached Resolution. ATTACHMENTS: A. Site plan B. Independent Fee Calculation C. Basalt Sanitation District letter Page 2 of 2 000002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE NJS HOBBY FARM LLC SPECIAL REVIEW FOR A DAY CARE CENTER BOCC Resolution No. -2013 RECITALS 1. NJS Hobby Farm, LLC through Mary Wolfer ("Applicant") has applied to the BOCC for Special Review approval for conversion of approximately 1,000 square feet of an existing 3,188 square foot residence to a Day Care Center for 24 children. 2. The property is located at 258 Alexander Lane and the property is within the AR-10 zone district (Legal Description, Attachment A). 3. The BOCC heard this application at a duly noticed public hearing on October 23`1, 2013, and continued public hearing on November 6th, 2013 at which time evidence and testimony were presented with respect to this application. 4. The BOCC finds that the proposed day care is appropriate and compatible with the surrounding neighborhood. The BOCC also finds that legal and adequate water and sewer service must be in place at time of building permit submittal. 5. The BOCC also finds that the commercial development is insubstantial in nature and qualifies for an exemption from GMQS pursuant to Section 6-30-150 of the Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the NJS Hobby Farm LLC Special Review for a Day Care Center subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. 2. Prior to building permit submittal, the Applicant shall apply for a "plan review" with the Environmental Health Department. Inspections shall occur prior to the day care center opening to the public. 3. The Applicant shall apply for a building permit, consistent with all applicable Codes, for conversion of the 1,000 square feet of the residence to a day care center. 4. The Applicant shall comply with all other Federal and State of Colorado licensing procedures for a child day care center. 5. At the time of building permit submittal, the Applicant shall submit proof of legal water supply for • the commercial operation. The Applicant shall also provide an agreement for Basalt Sanitation District service at the time of building permit submittal and have District sign -off prior to building permit issuance. 00'u003 Resolution No. -2013 Page 2 6. At the time of building permit submittal, the Applicant shall provide a draft deed restriction for the proposed employee housing. This deed restriction shall be in a form acceptable to the Community Development Director and the County Attorney and shall be executed and recorded at the Clerk's Office prior to building permit issuance. 7. The Applicant shall comply with all requirements of the Basalt and Rural Fire Protection District, including but not limited to, six (6) foot wide egress through the property fence. 8. Prior to commencement of operations, the Applicant shall inform parents that, to the greatest extent possible, children should not be dropped off or picked up from the subject property and that alternative transportation options shall be used instead, such as the public transit system or day care center bus transportation. The Applicant shall have an "alternative transportation plan" that shall be approved by the Town of Basalt and submitted with building permit submittal that outlines specific measures for use of RFTA buses or a day care center bus. 9. If a complaint is received by Community Development, that the Applicant is not able to resolve with the complainant, or if the operation is found to not be in compliance with this approval, an annual review of the operation should be scheduled to the BOCC. 10. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on November 6t', 2016. Resolution No. -2013 Page 3 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 19th DAY OF SEPTEMBER 2013. APPROVED ON THE 6th DAY OF NOVEMBER 2013. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON ATTEST: Jeanette Jones, Deputy Clerk BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY,COLORADO George Newman, Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney PID#: 246718100011 Case #P004-13 Cindy Ho uben, b�I en, Community Development Director 03005 Resolution No. -2013 Page 4 Attachment A Legal Description Tract: 59 Section: 18 Township: 8 Range: 86 LAND IN TRACT 59 OF SEC 18-8-86 DESC BY M/B —rot (rftc if( b October 30, 2013 Dear Atkin County Board of County Commissioners: Thank you for taking the time to review my proposed 'mitigation of Code Section 8-10, Road Impact Fees in regards to the pursuit of a Child Care Facility at NJS Hobby Farm. I have taken the opportunity to 'address the Code to the best of my limited understanding and explain my reasoning for requesting the Road Impact Fee be partially and/or fully forgiven. Pitkiin 'dusty Code Standa'r Settimn 8-10-30, General Road Impact. Fee, "Traffic -generating development generates a need for capital improvements to County roads that is required to be mitigated through the payment of road Impact fees. The Road Impact Fee Schedule provides that a Day Care:facility must pay $738 per student din road impact fees. At 24 students, the fee equates to a total of $17,712.00 Code Section 8-10-60(a) provides that the fee establis'hed in Section 8-10-50 may be computed by the use of an independent fee calculation (as opposed to the prescribed fee from the Road 'impact Fee Schedule) pursuant to specified procedures IF: (1) the Fee Administrator determines that the development is not one of the types, -listed on the fee schedule and is not comparable to any land use listed on the fee Schedule; OR (2) the applicant (believes it can be demonstrated that the nature, timing or location of the proposed traffic -generating development make it likely that the impacts generatedwill cost substantially Tess to Mitigate than the amount of the fee that would be generated by the use of the fee schedule, OR My operational requirement is for local parents to lwalk to/from MST have parents park at the Basalt Park-n-Ride and take the RFTA bus to and from their place -of employment or recreation, AND/OR utilize my ,established' agreement with RFTA allowing parents to drop kids off at the Park-n--Ride lot closest to , WS and then have the kids shuttled to the property via a NHS vehicle. The concept is to establish a "farm-themed"'shuttl'e vehic e that will relate back to the mission of the Center, adding to the overall NJS experience. (Priority enrollment could be allowed to families that fit the criteria listed above). „upporting local transit While meet!g the local chlldcare demand. (3)the proposed traffic -generating development is "transit -oriented," located within one-half mile of an existing or proposed mass transit stop, and the applicant believes it can be demonstrated that the proposed developrent will generate fewer traffic trips than assumed by the fee schedule. As noted above, NJS is located well within walking distance from the RFTA overflow parking lot and RFTA has graciously offered the use of the lot for drop off/pick up of the children, NJS will have a very clear drop off/pick up policy and will enforce it vigorously with the f,'amilies that choose to attend. If the parents missed the specified drop airtime me window, they would be responsible to park at the overflow lot and escort the children to NJ& Children coming from MPG in Aspen ? dill take RFTA to and .fro Escorted with their teachers. ,Parents will not be driving to/or from NJS. Children learn what they live; the fa ;illarlty, accessibility and actual use of public transit will have a profound effect on the children and leave a lasti'ng impression in regards to the use of public transit for theirfuture. Rational Basis four Total Fee Reduction As noted above, the prescribed fee NJS would be required to pay for P'itki-n County Road Impact is $17,71.2.00. I am proposing a total reduction of this fee based on the following considerations: 1. As the property involves a change in use from a residential to commercial (day care facility), the impact fee for the equivalent amount of residential floor area should be credited against the prescribed fee. The Fee Schedule Table in Section 8-10-40, requires that a 3,200 sq. ft. detached residence pay $7,990 and a 2,200 sq. ft. detached residence pay $6,820 in road impact fees, the difference being $2,170.00. The result of the application of this credit to the total prescribed impact fee for the Care Center is $16,55000. 2. During the prior BOCC hearing on my application, it was identified' .and acknowledged that the N'.TS property is not directly accessed off of Pitkin County roads. It was further discussed that, although not directly accessed from County Roads, there would' be some indirect impact on County Roads during the commutes by parents to and from the NJS property. Albeit a non -scientific assessment, I am proposing that the impact on County Roads for the purpose of accessing NJS is one-third (1/3) the impact prescribed in Section 8-10 of the Code. This assessment is subjectively based on the location of the property within the County as well as the allowance for reductions based on the transit -oriented nature of the property both in terms of proximity to the RFTA Park-n-Ride and the nature of the 'Center's operation plan.. The application of the two-thirds (2/3) reduction in road impact further reduces the total road impact fee to $5,517.00. 3. A"significant discussion point at the prior BOCC hearing on my applicatien was a need for some amount of onsite parking. As represented in the new Site Plan/Parking Plan, 'NZ is now proposing to 0 9 have two designated parking spots on the property for handicap and emergency parking ONLY. It was also discussed at the prior hearing that perhaps some of the cost associated with creating this on -site parking could be credited against the road impact fee. In order to accommodate the new parking as ADA accessible parking stalls, my expectation is that the improvements will include constructing some amount of concrete driveway per ADA standards and any other work to meet those standards. Without knowing the total scope of the associated improvements for the on -site parking or having actual bids from a contractor, my best guess at this preliminary point is that the costs will be close to the remaining $5,517.00 of road impact fee I have outlined above. It is for this reasoning that I am requesting that the road impact fee be reduced in full. With your approval, I am anxious to begin the final phase of NJS Hobby Farm Preschool. To date, I have invested approximately $1.4 million into the property, energy efficient improvements, carrying costs and application fees. I anticipate spending an additional $150K for final phase requirements and improvements. Our entire family has worked hundreds of hours to see this facility come to fruition and will continue to do so. Lastly, I am deeply committed to making a difference in the early lives of our community children for many years to come. Any consideration in the proposed Road Impact Fees would be very helpful and greatly appreciated. Respectfully, ,...,ELA wou Mary Elizabeth Wolfer UCJUU1`/ BASALT SANITATION DISTRICT P.O. BOX 527 BASALT, CO 81621 970-927-3698 FAX: 970-927-8307 Memo: To: Mary Elizabeth Wolfers CC: Mike Kraemer, Pitkin County Planner From: Denise Diers Date: 10/30/2013 Re: Service to 268 Basalt Avenue — Pokorney Property Your property is currently not located within the Basalt Sanitation District's current service boundaries, although it is located within its 208 Service Planning Boundaries and therefore can receive service from the District. The District currently has the capacity to provide service to you. Before service can be provided the owner must petition the District for Inclusion and enter into a Pre -Inclusion Agreement. The Petition must be accepted by the District's Board at a Public Hearing and the District Court of the County. This is usually a formality and I have not witnessed one being rejected in the last 12 years. Once accepted, tap fees must be paid and the service connection must comply with the District's Rules and Regulations. All legal and engineering fees incurred by the District for the owner must be reimbursed to the District. 006011