HomeMy WebLinkAbout2.0 Staff Report PC 11.12.03PC 11/12/03
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Sketch Plan review for the Big R Commercial Park
APPLICANT / OWNER: Rifle Ski Corporation / Robert Regulsky
LOCATION: 28485 Highway 6 and 24, east of Rifle, CO
WATER: Commercial Well
SEWER: ISDS
ACCESS: Highway 6 and 24 and CR221
EXISTING ZONING: Commercial General (CG)
I. PROJECT REQUEST
The Applicants propose to subdivide a 32.31 acre property into 16 commercial lots that are
approximately 2 acres in size. The property is located approximately 3 miles east of the City of
Rifle and 4 miles west of the Town of Silt on State Highway 6 & 24. The property also fronts CR
221 on its northern property line, although the main access points onto the property are from State
Highway 6 & 24. The property is relatively flat and is partially cultivated in hay production as well
as containing several commercial operations.
II. STAFF COMMENTS
The following section presents an analysis of the proposed project regarding compliance with
provisions in the Subdivision Regulations, Zoning Resolution, and Comprehensive Plan. These
comments are intended to provide regulatory direction regarding the development of the property as
proposed. The Planning Commission will review the application materials and this memorandum
prepared by Staff and will provide comments to the Applicant accordingly.
A. Comprehensive Plan
The property is located in Study Area II and is designated as "Commercial." The property is
also located within the City of Rifle 2 -mile sphere of influence. While the Applicant shall be
required to demonstrate that the proposal conforms to and is compatible with the
Comprehensive Plan, the Applicant should pay particular attention to the following sections
of the Plan.
➢ Section 4.0 "Commercial & Industrial Uses"
Goals: Garfield County will encourage the retention and expansion of convenient, viable and
compatible commercial development capable of providing a wide variety of goods and
services to serve the citizens of the county.
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Objective 4.2: To ensure that commercial and industrial developments are compatible with
adjacent land uses and mitigate impacts identified during the plan review process.
Objective 4.5: Ensure that commercial development is conducive to safe and efficient traffic
flow reduces vehicular movements and encourages alternate transportation modes and the
use of mass transit.
Policy 4.1: Commercial development will be encouraged in areas where existing
infrastructure (water and wastewater facilities) are currently available.
Policy 4.2: County zoning regulations regarding industrial and commercial development will
be compatible with land use policies of adjacent jurisdictions.
Policy 4.3: Landscaping and screening will be required to address specific visual impacts of
industrial and commercial development.
Policy 4,4: The project review process will include the identification and mitigation of
transportation impacts related to commercial and industrial development.
➢ Section 10.0 Urban Area of Influence
Goals: Ensure that development and overall land use policies occurring in the county that will
affect a municipality are compatible with the existing zoning and future land use objectives of
the appropriate municipality.
Objective 10.2: Retain rural character outside of community limits.
Objective 10.5: Development that requires urban services will be encouraged to be located in
areas where these services are available.
Objective 10.6: Development in an Urban Area of Influence will have street patterns that are
compatible with the affected municipality.
Policy 10.1: Comprehensive Planning and Zoning Resolution revisions, Zone District
Amendments and individual projects within defined Urban Areas of Influence, will be
consistent with local municipal land use policies.
Policy 10.3: Development will be expected to design a street system that will meet the affected
municipality's street standards for construction and right -of -way width.
B. Zoning
The property is located in the Commercial General (C /G) zone district which allows a wide
variety of commercial uses. While the project is entitled "commercial park ", the proposal is for
a subdivision for lots that are zoned for commercial uses as outlined in the CG zone district.
The Applicant shall be made aware of the uses contemplated in that zone district as further
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described in Section 3.08 of the Zoning Resolution of 1978, as amended. Regarding
dimensional requirements, it appears the proposed development is consistent with the
parameters in the Resolution which are as follows:
➢ Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as
further provided under Supplementary Regulations.
➢ Maximum Lot Coverage: Seventy -five percent (75 %), except for commercial uses
which shall be eighty -five percent (85 %).
The County Commissioners may require adequate screening of all parking and roadway areas in
commercial uses from adjoining residential uses and public streets. A maximum of ten percent
(10 %) of the total parking and roadways areas may be required to be devoted exclusively to
landscaping of trees, shrubs, and ground cover to reduce visual impacts.
➢ Minimum Setback:
(1) Front yard: (a) arterial streets: seventy -five (75) feet from
street centerline or fifty (50) feet from front lot lone,
whichever is greater; (b) local streets: fifty (50) feet from
street centerline or twenty -five (25) feet from front lot line,
whichever is greater;
(2) Rear yard: Twenty -five (25) feet from rear lot Line for lots
occupied by residential uses; seven and one -half (7.5) feet for
lots with no residential occupancy;
(3) Side yard: Ten (10) feet from side lot line or one -half
(1/2) the height of the principal building, whichever is greater.
➢ Maximum Height of Building: Thirty -five (35) feet
➢ Maximum Floor Area Ratio: 0.5:1 and as further provided under Supplementary
Regulations.
At present, the lots proposed in the subdivision are approximately 2 acres in size which
complies with the minimum lot size. The property currently contains several buildings (with
commercial operations) associated with the present use on the property which are also
designated to remain in place on Lots 2 — 6. In the final lot design, the Applicant will need to be
sure existing structures comply with these dimensional requirements. This zoning requires a
floor area ratio of 0.5:1. Therefore, based on a 2 acre lot (87,120 sq. ft.), the lot could be
allowed 43,560 sq. ft. of floor area (which is equal to a single -story building with a 208 ft. x 208
ft. footprint.
C. Subdivision
The Applicant should be aware of the requirements outlined in Sections 4:00, 5:00, and 9:00 of
the Subdivision Regulations of 1984 regarding subdividing property in Garfield County. Staff
has outlined areas of concern for the Applicant to consider during the preliminary plan and final
plat portion of subdivision in Garfield County.
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a. Potable Water
The Applicant proposes that each lot will be served by a central water system. There is an
existing permitted well located outside the property that currently serves the businesses on
proposed lots 1 — 6. This commercial well use is governed by a well sharing agreement.
This well was recently pump tested in 1999 and produced 20 gallons a minute. The
Applicant shall be aware of the requirements required at preliminary plan for shared water
systems as set out in Section 4:91 of the Subdivision Regulations:
4:91 A water supply plan, at the same scale as the Preliminary Plan, shall provide the
following information in graphic and /or written form:
A. In all instances, evidence that a water supply, sufficient in terms of quality,
quantity and dependability, shall be available to ensure an adequate supply
of water for the proposed subdivision. Such evidence may include, but
shall not be linuted to:
1. Evidence of ownership or right of acquisition or sue of existing and
proposed water rights;
2. Historic use and estimated yield of claimed water rights;
3. Amenability of existing right to change in use;
4. Evidence that public or private water owners can and will supply
water to the proposed subdivision, including the amount of water
available for use within the subdivision by such providers, the
feasibility of extending service to the area, proof of the legal
dependability of the proposed water supply and the representation
that all necessary water rights have been obtained or will be
obtained or adjudicated, prior to submission of the final plat; and
5. Evidence concerning the potability of the proposed water supply for
the subdivision.
B. If a central supply and distribution system is to be provided, a general
description of the system, as designed by a Colorado registered engineer.
In addition:
1. Nature of the legal entity which will own and operate the water
system; and
2. Proposed method of financing the water system.
C. If connection is to be made to an existing water system, a letter from an
authorized representative of said system staging that the proposed
development will be served, and evidence from either the Colorado State
Engineer's Office or Water Court, Water Division No. 5, that the existing
water system presently possesses an adequate legal water supply to serve
the proposed development;
D. If individual water systems shall be provided by lot owners, a report
indicating the availability of ample potable ground water at reasonable
depths throughout the subdivision and the expected quality and long -term
yield of such wells, with the written report by a registered professional
engineer licensed by the State of Colorado, qualified to perform such work;
and
E. If applicable, a Plan of Augmentation and a plan for subdivision water
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supplies, as required by law, with the supporting engineering work signed
by a Colorado registered engineer, shall be submitted by the applicant, even
if the applicant is not the actual supplier of water.
In addition, because the applicant proposes a central water system, the following design
criteria (Section 9:51) shall be addressed as part of preliminary plan:
9:51 An adequate potable and irrigation water supply shall be available to all lots within a
subdivision, taking into consideration peak demands to service total development
population, irrigation uses, and adequate fire protection requirements in accordance with
recognized and customary engineering standards.
9:52 Individual wells may be used as the water supply, provided the applicant has
submitted the required documentation to the appropriate water court, and the Colorado
Division of Water Resources will approve well drilling permits for all lots within the
development.
9:53 Central water systems shall be designed by an engineer qualified to design water
systems and be a registered professional engineer licensed by the State of Colorado.
Central water and treatment and storage facilities shall be approved by the Colorado
Department of Health. All lines in a central water system should be looped, with no dead
ends included in the system. Where dead ends are proposed for cul -de -sacs, there will
either be a fire hydrant or blow -off valve at the end of the line.
9:54 Water supply steins, on -lot or otherwise located in a floodplain, shall be designed to
minimize or eliminate infiltration and avoid impairment during or subsequent to flooding.
9:55 All water mains shall be a minimum diameter of four inches (4'9, provided storage
facilities adequate for fire protection are available.
Ultimately, the Applicant will need to prove that the proposed water system is legal and
physically adequate to serve the proposed subdivision. In addition, Staff will refer the
preliminary plan to the Division of Water Resources in order to obtain an opinion from the
State Engineer as to whether there is material injury to decreed water rights.
b. Irrigation Water
The Applicant proposes that irrigation water rights are available to the property via rights in
the Grand River Ditch. If the ditch crosses the property, it needs to be shown on the plat
along with any associated easements. As mentioned above, the following provision shall
apply and be addressed at preliminary plan:
9:51 An adequate potable and irrigation water supply shall be available to all lots within a
subdivision, taking into consideration peak demands to service total development
population, irrigation uses, and adequate fire protection requirements in accordance with
recognized and customary engineering standards.
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c. Waste Disposal
The Applicant proposes that individual sewage disposal systems (ISDS) will be adequate to
serve the wastewater needs of each lot within the subdivision. It appears the subject property
is located in an area that contains soils described as Kim loam which are deep, well drained
gently to sloping soils on alluvial fans and benches. Permeability is moderate, and available
water capacity is high. The Comprehensive Plan "Septic System Constraints" map shows
this area to have a high water table which is also indicative of Kim Loam soils in the area.
The Applicant shall be aware of the requirements for preliminary plan regarding ISDS in
Section 4:92 of the Subdivision Regulations:
4:92 A sanitary sewage disposal plan, at the same scale as the Preliminary Plan,
shall provide the following information in graphic and /or written form:
D. If no central sewage treatment works is proposed and individual sewage
disposal systems will be utilized, a description of sewage, the disposal
means, as well as evidence as the result of soil percolation tests and
produce excavations to determine maximum seasonal ground water level
and depth to bedrock shall be provided. In addition:
1. Indicated by location on the plat;
2. Performed and signed by a registered professional engineer
licensed by the State of Colorado;
3. Adequate in number and location to Meet requirements of the
Garfield County Individual Sewage Disposal Requirements and the
Colorado Department of Public Health, Water Quality Control
Commission; and
E. If individual sewage disposal systems are to be utilized, a proposed
management plan for the operation and maintenance of on -site systems shall
be provided.
In discussions with the City of Rifle Planning Director, the property is located within the
City's 5 -mile Watershed Permit zone. This will require that any development on this
property, in particular ISDS, will need to obtain a watershed permit from the City of Rifle. It
should also be noted, the City of Rifle has not extended water or wastewater service to this
area of the county and does not intend to in the near future.
Regarding existing systems in the general vicinity of the subject property, Cottonwood
Mobile Horne Park has a private wastewater treatment plant as well as a Reverse Osmosis
(RO) central water system. The Comprehensive Plan strongly encourages development that
is nearby to central wastewater / water systems to connect if those systems are municipal or
district systems. However, based on the permeability of the soils and the high water table in
the
Staff strongly suggests the Applicant consider using a wastewater treatment facility
that would serve the entire subdivision rather than using 16 IDSD or pursue a possible
connection to the Cottonwood Mobile Home Park system for service in the event they can
provide capacity.
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Regarding the capacity of ISDS, the Applicant should be aware of the size and type
limitations of ISDS. Specifically, the preliminary plan shall address the following sections
of the subdivision regulations:
9:61 Disposal by individual sewage disposal systems may be permitted, provided lot sizes
are consistent with the Garfield County Zoning Resolution. Individual systems must have
representative soil absorption tests performed by a qualified engineer registered to
perform such tests in the State of Colorado.
9:62 Central sewage treatment works shall be designed by a registered professional
engineer licensed by the State of Colorado. The system shall be designed, in accordance
with the standards established by the Colorado Department of Health. Site location
approval shall be obtained from the Colorado Water Quality Control Commission for
systems over two thousand (2,000) gallons per day. In no event may a system be designed
for less capacity than the anticipated maximum daily sewage flow or treatment
requirements.
d. Road /Access
The property is fronted by State Highway 6 & 24 on the southern property line and County
Road 221 on the northern property line. The Applicant proposes to access the property at
three separate points off of SH 6 & 24 as well as providing an emergency access point on
and off of the property at the northern property line onto CR 221. All roads within the
subdivision shall be constructed to meet county requirements. The Applicant proposes that
these roads are to be privately owned and maintained by the lot owner's association. The
Applicant shall be aware that Section 9:34 requires that all streets are to be dedicated to the
public and cannot be private unless approved as such through a Planned Unit Development.
Staff referred the application to both the Colorado Department of Transportation and the
County Road and Bridge Department for comment. The Road and Bridge Department stated
that the proposed subdivision will be allowed to have 1 gated emergency access onto CR
221 and that all other traffic will enter the site on SH 6 & 24. While no comments were
received from CDOT for this review, the application contains two access permits to SH 6 &
24 which limit traffic to uses for "General Light Industrial" that produce no more than 200
average daily trips (ADT). Both permits were issued in 1999. The Applicant shows a third
existing access point on SH 6 & 24. The Applicant will need to demonstrate that the
distance between these three access points are approved by CDOT as the proposed distance
between the two most eastern points are only 150 linear feet apart.
Regarding traffic impacts to surrounding areas as a result of the subdivision, it is difficult to
determine an accurate traffic count or even determine average daily trips that could be
generated from the subdivision because no specific uses are proposed for the individual lots.
This is especially difficult due to the broad variety of uses contemplated in the C/G zone
district which range from storage to a restaurant. If this were a residential subdivision, ADT
per residence could be calculated to determine a residential impact which is typically
mitigated by impact fees. There are no impact fees required by the county for commercial
development. It should be noted, because certain types of residential use are allowed as uses
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by right in the CG district, if a building permit is sought for a residential dwelling (including
employee housing units), traffic impact fees will be required to be paid pursuant to the
impact fee schedule in effect at the time.
e. Fire Protection
The property is located in the Rifle Fire Protection District. No information was submitted
by the Applicant that discusses fire protection. Section 9:70 of the Subdivision Regulations
requires all subdivisions to address the following fire protection provisions as part of the
preliminary plan:
9:71 Subdivision fire protection plans shall be reviewed by the appropriate fire protection
district to ensure that all lots have primary and secondary access points to escape fire
entrapment.
9:72 Where a central water system has fire hydrants, all fire hydrants shall meet the
specifications for the appropriate fire protection agency, particularly with regard to
thread size on the fire hydrants.
9:73 Where there is no central water system available, a central located fire protection
storage tank shall be designed to meet the fire protection needs of the subdivision and be
approved by the appropriate fire district.
9:74 Water used for fare protection purposes does not have to be potable water and may be
from a source separate from the domestic supply.
f. Drainage /Floodplain Issues
The property is not located within the 100 -year floodplain. The Applicant states that
stormwater drainage will be collected and stored on the property and released at historic
rates. The Applicant shall submit a drainage plan pursuant to Section 4:80 and 9:41 of the
Subdivision Regulations which require the following:
4:80 A drainage plan, at the same scale as the Preliminary Plan and prepared by an
engineer registered in the State of Colorado, shall depict the following information in
graphic and/or written form:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary flows; and
D. Design of drainage facilities to prevent storm waters in excess of historic
run -off from entering, damaging or being carried by existing drainage
facilities, and to prevent major damage or flooding of residences in a one
hundred (100) year storm, showing:
1. Area subject to inundation; and
2. Location and size of proposed culverts, bridges, ditches and
channels.
9:41Drainage easements, channels, culverts and required bridges shall be designed by an
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g.
engineer registered in the State of Colorado.
9:42 All drainage facilities shall be designed based on a twenty -five (25) year frequency
storm.
9:43 Where new developments create run -off in excess of historic site levels, the use of
detention ditches and ponds may be required to retain up to a one hundred (100) year
storm.
9:44 All culverts shall be designed such that the exposed ends are protected by
encasement in concrete or extended a minimum of three feet (3 ' beyond the driving
surface on each side. Culverts, drainage pipes and bridges shall be designed and
constructed in accordance with AASHO recommendations for an H -20 live load.
Wildlife / Vegetation
No information was provided as part of the sketch plan application. The Applicant will need
to address impacts to wildlife as required in Section 4:70(D) which requires the Applicant to
provide a "description of wildlife habitation, including big game ranges based on the
mapping practices of the Colorado Division of Wildlife."
As required in Section 4 :570(C) of the Subdivision regulations, the Applicant shall be
required to provide a map and description of plant associations following practices of the
Soil Conservation Service and including a description of adapted materials and the location
of major tree masses. Further, the Applicant shall provide a weed management and
revegetation plan in accordance with the county's weed management requirements.
h. Geology /Soils
Regarding geology, the preliminary plan application shall contain the following as required
in Section 4 :70(A): Description and/or illustration by a registered professional engineer
licensed by the State of Colorado of bedrock lithology and the stratigraphy of overlaying
unconsolidated materials in sufficient detail to indicate any potential development
problems resulting front groundwater, subsidence, instability in road excavations and ills,
expansive soils, drainage patterns, structural bearing strength, or the like;
Regarding soils, the subject property is located in an area that contains soils described as
Kim loam which are deep, well drained gently to sloping soils on alluvial fans and benches.
Permeability is moderate, and available water capacity is high. The Comprehensive Plan
"Septic System Constraints" map shows this area to have a high water table which is also
indicative of Kim Loam soils in the area. This may present significant problems regarding
the use of individual sewage disposal systems. As mentioned above and based on the
permeability of the soils and the high water table in the area, Staff strongly suggests the
Applicant consider using a wastewater treatment facility that would serve the entire
subdivision rather than using 16 IDSD or negotiating with Cottonwood Mobile Horne Park
for service in the event they can provide capacity.
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J.
Assessment / Fees
The subdivision is for commercial use. As a result, the traffic impact fees that would
normally be applied to residential subdivisions do not apply to commercial subdivisions
unless the lots contain residential dwellings that access to a county road. Regarding School
Site Acquisition fees, the property is located in the RE -2 School District. Normally, a fee of
$200 is collected for each lot created in a residential subdivision; however, this fee cannot
be collected for a commercial subdivision. Staff has determined that if residential units are
constructed on any of these lots, this school site acquisition fee would be required at the
time of building permit. it appears the only fees (as they relate to the county) include land
use application fees and building permit fees to be paid at the time building permits are
obtained for the individual lots as they develop.
Recommended Plat Notes/ Covenants
Please be aware, the county requires the Applicant place the following plat notes be
included on the final plat and in protective covenants:
1. "Colorado is a "Right -to- Farm" State pursuant to C.R.S. 35 -3 -101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agricultural operations as a normal and necessary aspect of living
in a County with a strong rural character and a healthy ranching sector. All must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments,
herbicides, and pesticides, any one or more of which may naturally occur as a part of a
legal and non - negligent agricultural operations."
2. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision.
One (1) new solid -fuel burning stove as defied by C.R.S. 25 -7 -401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances."
3. "All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects of using and maintaining property. Residents
and landowners are encouraged to learn about these rights and responsibilities and act as
good neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County."
4. "All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries."
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5. "One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries."
The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date of
the Planning Commission review (valid until 11/12/04). If a Preliminary Plan for the proposed
subdivision is not presented to the Garfield County Planning Commission by 11/12/04, the
Applicant will have to submit an updated Sketch Plan application to the Planning Department for
review and comparison with the original application.
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