HomeMy WebLinkAbout2.0 Staff Report PC 02.14.07Exhibits for e Planning Commission held on February 14, 2007
Exhibit Letter
(A to Z)
x i
A
Mail Receipts
B
Proof of Publication
C
Garfield County Subdivision Regulations of 1984, as amended
D
Garfield Count Zoning Resolution of 1978, as amended
E
Garfield County Comprehensive Plan of 2000
F
Application
G
Staff Memorandum
H
Resolution Number 2004 -132
I
Staff Report Submitted by Jim Hardcastle dated to the Planning Commission on
10/13/2004 and the Board of County Commissioners on 12/6/2004
J
Letter from Mark Vanarelli of the State of Colorado, Office of the State Engineer
Division of Water Resources
K
Copy of Well Extensions Approved by the Division of Water Resources, dated
Received 1/25/2007
L
Email from Matt Sturgeon of the City of Rifle, dated 1/29/2007
M
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PC 2/14/07
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
REPRESENTATIVE:
SITE SIZE:
LOCATION:
ACCESS:
WATER/SEWER:
EXISTING ZONING:
ADJACENT ZONING:
Big R Commercial Subdivision
B arb -Burwet-- C
32.36 acres
Three Miles East of the City of Rifle
Four Miles West of the Town of Silt
State Highway 6 & 24 (CR 221 Emergency only)
Well & ISDS (1 per each lot)
C/G (Commercial General)
C/G (Commercial General)
A/R/RD (Agricultural /Residential/Rural Density)
A/I (Agricultural /Industrial)
I. PROJECT UDATE
A. Development Proposal and Site Description
The Applicant proposes to subdivide a 32.36 acre parcel of Commercial General zoned
property into 10 commercial lots, 9 of which are approximately 2+ acres in size with one
lot of 8.91 acres. 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. The property is relatively flat and is partially cultivated and irrigated as well as
containing several existing commercial operations throughout the property.
The Applicant proposes that each lot will be served by an individual well. The Applicant
has well permits for each lot within the subdivision. The existing development on Lot 1 is
served by two existing wells.
View: looking north from east side of lot #2 on internal road
Existing land uses surrounding the proposal are commercial, residential and agricultural
in nature. The surrounding zoning is C/G (Commercial General), A/R/RD
(Agricultural/Residential /Rural Density), A/I (Agricultural /Industrial). Additionally, the
proposal is located within Area II of the Garfield County Comprehensive Plan and the S-
mile Study Area of the Rifle Comprehensive Plan and identified as County Commercial.
II. REVIEW AGENCY AND OTHER COMMENTS
• City of Rifle: (Exhibit L)
Issue(s): City of Rifle - Watershed Permit
• Rifle Fire Protection District: No Comment
• Colorado Division of Water Resources: (Exhibit J)
Issue(s): Well Permits have Expired (Well Permit Extensions Submitted
by Applicant — See Exhibit K)
Big R Commercial Subdivision - Preliminary Plan
PC 2/14/07
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Big R Commercial Subdivision - Preliminary Plan
PC 2/14/07
III. PROJECT UPDATE — REVISED PRELIMINARY PLAN
This commercial subdivision was previously reviewed by the Planning Commission on
October 13th, 2004 and approved by the Board of County Commissioners on December
6`b, 2004 by Resolution 2004 -132.
Due to physical constraints on the property, notably a high water table, the applicant is
proposing an alteration to the fire protection system as specifically required in
Condition Number (8)(1) of Resolution 2004 -132:
The Applicant shall provide a minimum of 180,000 gallons of fire protection water to the
proposed site. Hydrants shall be spaced a maximum of 500 feet from a structure and
shall be capable of providing a minimum of 1500 gallons per minute at 20 -PSI residual
pressure with a flow of a minimum of 100 PSI. All pipes, pumps, etc. shall meet
nationally recognized standards. The Applicant shall perform a pressure test of the
underground piping (200 psi for two hours) and a flow test of the pump and hydrant for
final acceptance of the system prior to the Final Plat approval.
As Colorado River Engineering has explained in a letter dated May 30, 2006 to Chief
Morgan of the Rifle Fire Protection District:
During development of the final engineering design of the project problems were
encountered that have prompted system design changes. The primary design constraint
was the size of the concrete tank combined with a high groundwater table posed a risk to
future settlement of soils and tank degradation. The complexity of the pumping systems
also became mechanically complicated.
We have explored options and Mr. Regulski would like to request that the fire
jppression system requirements be reduced with an increased commitment to early
detection and warnin ns. As proposed the revised plan would provide:
• Early Detection Systems installed in all of the existing enclosed buildings (six) and
required installation on all new buildings.
• 100,000 gallons of on -site storage he provided using smaller +l- 50,000 gallon storage
tanks and dry hydrants for direct pumping.
The Rifle Fire Protection District has responded in a letter dated August 22, 2006
stating:
The District understands that you intend to provide two (2) 50,000 gallon storage tanks
that are connected together and a distribution system. It is also our understanding that
notification systems will be installed for occupant evacuation and fire department
notification.
The District has accepted your proposal with the following understandings:
1. Final approval and acceptance of all fire protection systems will be required upon
completion.
2, The District will continue to work with you and your engineers for final design and
acceptance of the fire protection water systems.
4
Big R Commercial Subdivision - Preliminary Plan
PC 2/14107
3. This decrease in water requirements does not negate any other building or fire code
requirements including but not limited to future buildings requiring fire sprinkler
systems.
4. The systems installed on these properties will serve primarily as "life safety" systems.
The ability of the District to suppress fires may be limited due to fire protection water
capacities. The District accepts no liability for this adjustment in code requirements.
The Office of the State Engineer, Division of Water Resources has stated in a letter
dated January 22, 2007 that (See Exhibit J):
Based on the above, it is our opinion, pursuant to CRS 30- 28- 136(1)(h)(I), that the
proposed water supply is physically adequate and will not cause material injury to
decreed water rights, so long as the Applicant obtains and maintains valid well permits
for the proposed wells pursuant to a court approved plan for augmentation or pursuant to
the District's temporary substitute supply plan.
IV. RECOMMENDED FINDINGS
1. That proper publication, public notice, and posting was provided as required by
law for the hearings before the Planning Commission and before the Board of
County Commissioners.
2. That the hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and
issues were submitted; and that all interested parties were heard at those hearings.
3. That the application is in compliance with the standards set forth in Section 4:00
of the Garfield County Zoning Resolution of 1978, as amended.
4. That the application is in compliance with the standards set forth in Section 4.00
of the Garfield County Subdivision Regulations of 1984, as amended.
5. That for the above stated and other reasons, the proposed subdivision is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County;
V. STAFF RECOMMENDATION
Given that the only change from the original approved Big R Commercial Park per
Resolution 2004 -132 is pertaining to fire protection measures, and; the Rifle Fire
Protection District has recommended approval of the proposed changes, and; that the
State Office of the Engineer, Division of Water Resources has issued a letter of No
Material Injury, Staff recommends that the Planning Commission recommend approval
to the Board of County Commissioners for the Revised Preliminary Plan for the Big R
Commercial Subdivision with the following conditions (Alterations from the original
5
Big R Commercial Subdivision - Preliminary Plan
PC 2/14/07
Resolution 2004 -132 are highlighted below. Note: Original condition number 3 from
Resolution 2004 -132 has been removed):
. All representations of the applicant, either within the application or stated at the
Planning Commission or Board of County Commissioners hearings, shall be
considered conditions of approval.
2. Prior to Final Plat approval, the Applicant shall obtain and maintain valid well
permits for the proposed wells pursuant to a court approved plan for augmentation
or pursuant to the District's temporary substitute supply plan.
3. The Applicant shall submit an ISDS operation and maintenance plan which is
adequate and consistent with other commercial approvals for a non - discharging
system for the proposed subdivision prior to approval of the Final Plat, All ISDS
must be designed by a Registered Professional Engineer in the State of Colorado
and are for domestic waste only. An initial attempt shall be made to identify
projected ISDS uses and alI upgrades shall require a separate septic permit at the
time of new building permit issuance.
4. The Applicant shall be required to develop a covenant prohibiting the discharge of
any caustic materials or heavy metals prior to approval of the Final Plat.
5. The Applicant shall submit and gain approval of a City of Rifle Watershed Permit,
and submit said permit to the Garfield County Building and Planning Department
prior to BOCC approval of the Final Plat.
6. The Applicant shall create a Lot Owner's Association (LOA) and covenants to
address in detail all future interior road maintenance of the proposed subdivision
and modifications to the approved access permits in the Colorado Department of
Transportation ROW due to increases in ADT. All documentation regarding the
LOA and the allocation of payment and the responsibility and how such costs will
be allocated within the lot owners for the CDOT improvements of the internal road
shall be submitted with the Final Plat. The interior road shall be paved and built as
a minor collector, constructed as per County requirements, dedicated to the public
and maintained by the Lot Owner's Association and cannot be private unless
approved as such through a Planned Unit Development. Parking shall be addressed
at the time of all new building permit reviews.
7. The Rifle Fire Protection District requires the Applicant shall design and install fire
protection measures and provide the proposed design and cost to be detailed in the
Subdivision Improvements Agreement which shall be submitted prior to Approval
of the Final Plat. These measures are noted below:
1. The Applicant shall provide a minimum of 100,000 gallons of fire
protection water to the proposed site. Hydrants°- shall` be- spaced—a-
6
Big R Commercial Subdivision - Preliminary Plan
PC 2/14/07
maximum -of 500 feet .from truc ire. ad-shrill-be-capable of-providing
a- minimum -of 1500 gallons per miiiute '20-PSI -residual
a flow_.o f._a::minimum of. 100 -.PSL All pipes, pumps, etc._, shall meet
notionally—recognized—standards:— The - Applieant. ,shall perform ---a
pressure test of the underground piping (200 psi for -two' hours) and a
fiew- -test -of .the- -pump -ai' hydrant -for ° final aec ptance -of the. system1
prior to the =Final Plat approval: It shall be the responsibility of the Lot
Owners Association for maintaining the system including, but not
limited to, filling and maintaining the cister;4i all times.
2. Each new and existing enclosed building shall be equipped with -e-t --
an early detection fire alarm
ider'l%° . system consisting of, at a minimum, heat detection, smoke detection
where applicable and manual activation.
111
3. The main internal road, as well as all individual driveways and easements
shall be constructed to accommodate the heavy weight of fire apparatus
during adverse weather conditions. Roadways shall be a minimum of 24
feet in width and shall be in place and accepted prior to Final Plat
approval.
4. The internal access road for emergency vehicles to County Rd. 221 shall
have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of 13 feet 6 inches.
5. Addresses shall be posted in a conspicuous location so they are readily
identifiable.
6. Each individual building shall be reviewed at the building permit phase to
evaluate any additional fire protection requirements. These additional
items may become necessary depending on the type of construction and
use of the buildings.
8. The Applicant shall implement and follow the noxious weed management plan
found in the application and place this plan in the Lot Owner's Association
"Declarations of Covenants, Conditions and Restrictions.
9. The Applicant shall treat and remove Russian olive trees that are present on the
property prior to Final Plat approval.
10. The Applicant has submitted documentation which states that all lots shall be
prohibited from any dwelling uses. This restriction shall be detailed in the Lot
Owner's Association "Declarations of Covenants, Conditions and Restrictions" to
be submitted with the Final Plat. The document will further state that "future
residential use is possible on specific lot(s) with approval of the BOCC pursuant to
7
Big R Commercial Subdivision - Preliminary Plan
PC 2/14/07
a re- subdivision process including preliminary and final platting with approval of a
water supply plan, payment of school impact fees, review of traffic impacts and all
other review required by the land use code of Garfield County then in effect."
11. All utility extensions shall be laid in the same trench.
he Applicant shall add these plat notes to the Final Plat:
c,5
3.
4.
"Individual City of Rifle Watershed Permits shall be required for all new uses
on all lots and a copy of the current and site specific permit shall be submitted
with any new applications for a building permits."
"The owners of all lots shall be prohibited from constructing our using any
existing structures for any dwelling uses. This restriction is detailed in the Lot
Owner's Association "Declarations of Covenants, Conditions and
Restrictions" as submitted as part of this Final Plat. The document provides
that "future residential use is possible on specific lot(s) with approval of the
BOCC pursuant to a re- subdivision process including preliminary and final
platting with approval of a water supply plan, payment of school impact fees,
review of traffic impacts and all other review required by the land use code of
Garfield County then in effect."
"All ISDS systems must be designed by a registered Professional Engineer."
"Each new individual building shall be reviewed at the building permit phase
to evaluate any additional fire protection requirements and no permit will be
issued without a Rifle Fire Protection District approval letter."
5. "Site specific geotechnical studies shall be conducted for individual new lot
development and a copy of each pertinent study shall be included as a part of
all new building permits applications."
6. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five
percent (85 %)."
7. "All streets are to be dedicated to the public, are not private, and shall be
maintained by the Lot Owner's Association as detailed in the Declaration of
Covenants."
8. "All permissible Commercial establishments in this district shall be allowed
when these four (4) requirements are observed;
(1) All fabrication, service and repair operations are conducted within a
building;
8
Big R Commercial Subdivision - Preliminary Plan
PC 2/14/07
(2) All storage of materials shall be within a building or obscured by a
fence;
(3) All loading and unloading of vehicles is conducted on private
property;
(4) No dust, noise, glares or vibration is projected beyond the lot;"
(5) all outdoor lighting shall by directed
downward and inward.
rm
. As each new Building Permit is submitted to the Garfield County Building
and Planning Department, each lot owner shall also submit the most recent
up -to -date "count of the actual average daily trip analysis" as required to be
determined by the Lot Owners Association and approved by the Colorado
Department of Transportation at various intervals throughout the development
of the lots in the subdivision, as described in the Access and Utilities /CDOT
Permit Compliance section of the Declaration of Covenants, Conditions and
Restrictions for Big -R Commercial Park.
10. "It shall be the responsibility of the Lot Owners Association for maintaining
the fire protection system including, but not limited to, filling and
maintaining the cistern at all times, all associated infrastructure and the
early detection system."
II. "Each new and existing enclosed building shall be equipped with—a—fixe
a early detection fire alarm system
including but not limited to, heat detection, smoke detection where
applicable and manual activation."
9
Big R Commercial Subdivision - Preliminary Plan
PC 2/14/07
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665764 12/22/2004 12:19P B1650 P110 M RLSDORF
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STATE OF COLORADO )
)ss
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 6th day of December, 2004, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2004 -1 32
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION FOR RIFLE SKI CORPORATION, BOB REGULSII,
FOR THE BIG-R COMMERCIAL SUBDIVISION PRELIMINARY PLAN
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan application from the Rifle Ski Corporation, Bob Reguiski to
subdivide a 32.36 acres parcel and is practically located on Colorado State Highway 6 &
24 (CR 221 Emergency only) approximately I.5 miles east of the City of Rifle and 3
miles west of the Town of Silt, State of Colorado; and in the SW/4 of the NE% of Section
11, Township 6 South, Range 93 West; and
WHEREAS, the Preliminary Plan proposes to subdivide 32.36 acres of the
Property into ten (10) commercial lots; and
WHEREAS, on October 13th, 2004, the Garfield County Planning Commission,
held a public hearing, and ecomrnended the Board of County Commissioners approve the
Big -R Comrnercial Subdivision with conditions; and
WHEREAS, on December 6th, 2004, the Board of County Commissioners
opened a public hearing upon the question of whether the request should be granted,
granted with conditions, or denied at which hearing the public and interested persons
were given the opportunity to express their opinions regarding the issuance of said
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Preliminary Plan; and
WHEREAS, the Board of County Commissioners closed the public hearing on
the 6th day of December, 2004 to make a final decision; and
WHEREAS, the Board of County Commissioners, on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by
law for the hearings before the Planning Commission and before the Board of
County Commissioners.
2. That the hearings before the Planning Commission and the Board of County
Conunissioners were extensive and complete; all pertinent facts, matters and
issues were submitted; and that all interested parties were heard at those hearings.
3. That the application is in compliance with the standards set forth in Section 4:00
of the Garfield County Zoning Resolution of 1978, as amended.
4. That the application is in compliance with the standards set forth in Section 4.00
of the Garfield County Subdivision Regulations of 1984, as amended.
5. That for the above stated and other reasons, the proposed subdivision is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on the determination of facts set
forth above, the Preliminary Plan for Big -R Subdivision is approved with the following
conditions:
I. All representations of the applicant, either within the application or stated at the
Planning Commission or Board of County Commissioners hearings, shall be
considered conditions of approval.
2. Prior to Final Plat approval, the Appli, :ant shall obtain and maintain valid well
permits for the proposed wells pursuant to a court approved plan for augmentation
or pursuant to the District's temporary substitute supply plan.
3. The Applicant shall provide evidence dot the water supply is sufficient in terms of
quality, quantity and dependability, shall be available to ensure an adequate supply
of water for the proposed subdivision and shall submit this proof to the Garfield
County Building and Planning Department prior to the BOCC hearing for
consideration of the Preliminary Plan.
111I11Ii1I111111111111111111111 1111111 !11111111111 IL
665764 12/22/2004 12:19P B1650 P112 M ALSDORF
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4. The Applicant shall submit an ISDS operation and maintenance plan which is
adequate and consistent with other commercial approvals for a non- discharging
system for the proposed subdivision prior to approval of the Final Plat. All ISDS
must be designed by a Registered Professional Engineer in the State of Colorado
and are for domestic waste only. An initial attempt shall be made to identify
projected ISDS uses and all upgrades shall require a separate septic permit at the
time of new building permit issuance.
5. The Applicant shall be required to develop a covenant prohibiting the discharge of
any caustic materials or heavy metals prior to approval of the Final Plat.
6. The Applicant shall submit and gain approval of a City of Rifle Watershed Permit,
and submit said permit to the Garfield County Building and Planning Department
prior to BOCC approval of the Final Plat
7. The Applicant shall create a Lot Owner's Association (LOA) and covenants to
address in detail all future interior road maintenance of the proposed subdivision
and modifications to the approved access permits in the Colorado Department of
Transportation ROW due to increases in ADT. All documentation regarding the
LOA and the allocation of payment and the responsibility and how sueh costs will
be allocated within the lot owners for the CDOT improvements of the internal road
shall be submitted with the Final Plat. The interior road shall be paved and built as
a minor collector, constructed as per County requirements, dedicated to the public
and maintained by the Lot Owner's Association and cannot be private unless
approved as such through a Planned Unit Development. Parking shall be addressed
at the time of all new building permit reviews.
8. The Rifle Fire Protection District requires the Applicant shall design and install fire
protection measures and provide the proposed design and cost to be detailed in the
Subdivision Improvements Agreement which shall be submitted prior to Approval
of the Final Plat. These measures are noted below:
1. The Applicant shall provide a minimum of 180,000 gallons of fire
protection water to the proposed site. Hydrants shall be spaced a
maximum of 500 feet from a structure and shall be capable of providing a
minimum of 1500 gallons per minute at 20 -PSI residual pressure with a
flow of a minimum of 100 PSI. All pipes, pumps, etc. shall meet
nationally recognized standards, The Applicant shall perform a pressure
test of the underground piping (200 psi for two hours) and a flow test of
the pump and hydrant for final acceptance of the system prior to.the- final-'
42ittt-approdai.-
2. The main internal road, as well as all individual driveways and easements
shall be constructed to accommodate the heavy weight of fire apparatus
during adverse weather conditions. Roadways shall be a minimum of 24
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feet in width and shall be in place and accepted prior to Final Plat
. The internal access road for emergency vehicles to County Rd. 221 shall
have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of 13 feet 6 inches. 1�
4. Addresses shall be posted in a conspicuous location so they are readily
identifiable.
5. Each individual building shall be reviewed at the building permit phase to
evaluate any additional fire protection requirements. These additional
items may become necessary depending on the type of construction and
use of the buildings.
9. The Applicant shall implement and follow the noxious weed management plan
found in the application and place this plan in the Lot Owner's Association
"Declarations of Covenants, Conditions and Restrictions,
10. The Applicant shall treat and remove Russian olive trees that are present on the
property prior to Final Plat approval.
11. The Applicant has submitted documentation which states that all lots shall be
prohibited from any dwelling uses. This restriction shall be detailed in the Lot
Owner's Association "Declarations of Covenants, Conditions and Restrictions" to
be submitted with the Final Plat. The document will further state that "future
residential use is possible on specific lot(s) with approval of the BOCC pursuant to
a re- subdivision process including preliminary and final platting with approval ofa
water supply plan, payment of school impact fees, review of traffic impacts and all
other review required by the land use code of Garfield County then, in effect."
12. All utility extensions shall be laid in the same trench.
13. The Applicant shall add these plat notes to the Final Plat:
1. "Individual City of Rifle Watershed Permits shall be required for all new uses
on all lots and a copy of the current and site specific permit shall be submitted
with any new applications for a building permits."
2. "The owners of all lots shall be prohibited from constructing our using any
existing structures for anv dwelling uses. This restriction is detailed in the Lot
Owner's Association "Declarations of Covenants, Conditions and
Restrictions" as submitted as part of this Final Plat. The document provides
that "future residential use is possible on specific lot(s) with approval of the
BOCC pursuant to a re- subdivision process including preliminary and final
platting with approval of a water supply plan, payment of school impact fees,
1 111111 11111 1111111E1111 If 111 111111 lfl 11111 114 11
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review of traffic impacts and all other review required by the and use code of
Garfield County then in effect."
3. "All ISDS systems must be designed by a registered Professional Engineer."
4. "Each new individual building shall be reviewed at the building permit phase
to evaluate any additional fire protection requirements and no permit will be
issued without a Rifle Fire Protection District approval letter."
5. "Site specific geotechnical studies shall be conducted for individual new lot
development and a copy of each pertinent study shall be included as a part of
all new building permits applications."
6. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five
percent (85 %)."
7. "Al] streets are to be dedicated to the public, are not private, and shall be
maintained by the Lot Owner's Association as detailed in the Declaration of
Covenants."
8. "All permissible Commercial establishments in this district shall be allowed
when these four (4) requirements are observed;
(1) All fabrication, service and repair operations are conducted within a
building;
(2) All storage of materials shall be within a building or obscured by a
fence;
(3) All loading and unloading of vehicles is conducted on private
property;
(4) No dust, noise, glares or vibration is projected beyond the lot;"
(5) All lot owners shall maintain that all outdoor lighting shall by directed
downward and inward.
9. As each new Building Permit is submitted to the Garfield County Building
and Planning Department, each lot owner shall also submit the most recent
up -to -date "count of the actual average daily trip analysis" as required to be
determined by the Lot Owners Association and approved by the Colorado
Department of Transportation at various intervals throughout the development
of the lots in the subdivision. This requirement is described in the Access and
Utilities/CDOT Permit Compliance section of the Declaration of Covenants,
Conditions and Restrictions for Big -R Commercial Park.
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Dated this 20th day of Dec.
ATTEST:
,�! r .`6fthe Board
• Yy
�-, a ' ' lion motion duly made and seconded the forego' g Resolutio wa'adopted by
'/ 1 !, ;• ,Tie following vote:
t,,
, A.D. 2004,
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARF LD COUNTY,
COLeJ IO
C air
John Martin
Larry McCown
Tresi Houpt
STATE OF COLORADO
County of Garfield
)ss
, Ave
. Aye
, Aye
I, , 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 of the 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.D. 2004
County Clerk and ex- officio Clerk of the Board of County Commissioners
BOCC 12/6/04
PC 10/13/04
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
ENGINEER
REPRESENTATIVE:
SITE SIZE:
LOCATION:
ACCESS:
WATER/SEWER:
EXISTING ZONING:
ADJACENT ZONING:
PLANNING STAFF:
Big R Commercial Subdivision
Rifle Ski Corporation, Bob Regulski
Colorado River Engineering
Barb Burwell
32.36 acres
East of the City of Rifle
State Highway 6 & 24 (CR ?21 Emergency only)
Well & ISDS (1 per each lot)
C/G (Commercial General)
C/G (Commercial General)
A /R /RD (Agricultural /Residential/Rural Density)
A/I (Agricultural /industrial)
Jim Hardcastle, Senior Planner
I. PROJECT INFORMATION
A. Development Proposal and Site Description
The Applicant proposes to subdivide a 32.36 acre parcel of Commercial General zoned
property into 10 commercial lots, 9 of which are approximately 2+ acres in size with one
lot of 8.91 acres. The property is located approximately 1.5 miles east of the City of Rifle
and 3 miles west of the Town of Silt. 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. The property is relatively flat and is partially cultivated and
irrigated as well as containing several existing commercial operations throughout the
property as seen in the view below.
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 Jots 1 — 6. This commercial well use is governed by a well sharing
agreement. The project is proposed to be served by individual wells for each lot. The
existing development on Lot 1 is served by two existing wells.
View: looking north from east side of lot #2 on internal road
Existing land uses surrounding the proposal are commercial, residential and agricultural
in nature. The surrounding zoning is C/G (Commercial General), A/R/RD
(Agricultural /Residential /Rural Density), A/I (Agricultural /Industrial). Additionally, the
proposal is located within Area II of the Garfield County Comprehensive Plan and the S-
mile Study Area of the Rifle Comprehensive Plan and identified as County Commercial.
II. REVIEW AGENCY AND OTHER COMMENTS
• City of Rifle: (Exhibit G)
Issue(s): City of Rifle - Watershed Permit
1
Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 12/6/04
• Town of Silt: No Comment
• Rifle Fire Protection District: No Comment
• Public Service Company: No Comment
• US West Communications: No Comment
• CoIorado Division of Wildlife: (Exhibit II)
Issue(s): None Cited
• Colorado Dept. of Public Health and Environment: (Exhibit I)
Issue(s): None Cited
• Colorado Division of Water Resources: (Exhibit J & U)
Issue(s): Legal water supply, water supply plan
• Garfield County Road & Bridge: (Exhibit K)
Issue(s): None Cited
• Garfield County Vegetation: (Exhibit L)
Issue(s): Treatment and removal of nuisance vegetation
• Resource Engineering: (Michael Erion): (Exhibit M)
Issue(s): Legal water supply, ISDS, erosion & sediment control plan
• Rifle Fire Protection District: (Exhibit 0)
Issue(s): Fire protection water, roads adequacy, individual review prior to
building permit issuance
• Colorado Department of Transportation: (Exhibit Q)
Issue(s): Permit suitability, traffic study
III. STAFF COMMENTS
The following is an analysis of the proposal conducted by Staff that includes
information collected as a result of a site visit to the property, referral comments
provided from the entities listed above, and a review of the proposal against the
County's Zoning Resolution, Subdivision Regulations and the Comprehensive Plan.
3
Big R Commercial Subdivision - Preliminary Pia(
PC 10/13/04. BOCC - 12/6/04
1. 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 is 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.
This is further supported Section 4:33 of the subdivision regulations which requires
the Board shall make its decision regarding the Preliminary Plan based on the
recommendation of the Planning Commission and on the conformity or
compatibility of the proposed subdivision with the Comprehensive Plan.
The Comprehensive Plan is consists of two main components: I) the plan map and
2) goals and objectives. The following analysis examines the merits of the proposal
against these two components.
The Plan Map
The property is located in Study Area II and is considered Subdivision land.
Existing surrounding land uses surrounding the proposal are commercial, residential
and agricultural in nature. The surrounding zoning is C/G (Commercial General),
A/R/RD (A gricultural/Residential/Rural Density), A/I (Agricultural/Industrial).
Staff has reviewed the maps within the Comprehensive Plan and has determined
there are issues concerning soils and ISDS, which are discussed throughout this
report, and finds that with conditions of approval created to mitigate these
constraints the proposed development can he designed to be in conformance with
the plan maps.
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 which are
deep, well drained gently to sloping soils on alluvial fans and benches. The
permeability is moderate, and available water capacity is high.
Goals and Policies
Section 4.0 COMMERCIAL & INDUSTRIAL USES: the goal is to 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.
4
Big R Commercial subdivision - Preliminary Plat
PC 10/13/04. BOCC - I2/6/04
The commercial developments proposed are compatible with adjacent land uses and
County zoning regulations regarding industrial and commercial development and
are compatible with land use policies of the City of Rifle.
LO'
Lo
iU7 2
k
tr
LOT 9 of
Figure 1. Proposal Layout
The intended commercial development is not in an area where existing
infrastructure (water and wastewater facilities) are currently available.
5
Bie R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 13/6/04
Additionally, the Applicant has recently submitted required detailed traffic analysis
which ensures the proposed commercial development is conducive to safe and
efficient traffic flow and reducing vehicular movements. The project review process
has included the identification and mitigation of transportation impacts within
documents associated with a future Lot Owners Association related to commercial
and industrial development.
Section 7.0 WA'1'ER AND SEWER SERVICES: To ensure the provision of legal,
adequate, dependable, cost effective and environmentally sound sewer and water
services for new development..
The Planning Commission recommended the Applicant shall submit updated
information to the State Division of Water Resources which results in a favorable
determination of "no material injury" before the Board of County Commissioners
will be able hear the proposal. The Division of Water Resources has reversed a
previous decision and now determined that "no material injury" will occur for the
proposed water system.
Section 10.0 URBAN AREA OF INFLUENCE: The goal is to 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.
The proposed use is within the City of Rifle Urban Area of Influence and within
City of Rifle Watershed and is consistent with local municipal land use policies. A
City of Rifle Watershed Permit application shall be filed with the city and approved
for the existing uses prior to approval of the Final Plat.
Additionally, a note shall be added to the Final Plat which indicates an approved
City of Rifle Watershed Permit shall be required for all new uses on all lots and a
copy of a new Watershed Permit shall be submitted with any new applications for a
building permits.
Summary Regarding the Comprehensive Plan
Based on analysis of the Comprehensive plan, the Planning Commission finds the
proposed development has more clearly demonstrated conformity and
compatibility with the Comprehensive Plan since the public hearing with the
Planning Commission by accommodating for the proposed project with a plan for
adequate water supply and a traffic analysis as submitted for review and approved.
6
Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 12 /h /04
2. Zoning
Section 3.08& 3.07
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 of lots that are zoned for commercial uses as
outlined in the CG zone district. 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 Regulation
Maximum Lot Coverage: Seventy -five percent (75 %), except for commercial
uses which shall be eighty -five percent (85 %).
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 which are designated
to remain in place on Lots 2 — 6. Also, this zoning requires a floor area ratio
of 0.5:1. Therefore, based on a 2 acre lot (87,120 sq. ft.), the Iot 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. With this constraint in mind, the final lot
design will be required to show how existing and future structures comply
with dimensional as well as parking requirements.
7
Big R Commercial Suhdi vision - Preliminary Plat
PC 10/13/04. BOCC - 13/6/04
3.07.01 Uses, by right: Commercial establishments as listed in the Zoning
Resolution are allowed in this district, provided the following requirements
are observed;
(1) All fabrication, service and repair operations are conducted
within a building;
(2) All storage of materials shall be within a building or obscured
by a fence;
(3)
All loading and unloading of vehicles is conducted on private
property;
(4) No dust, noise, glares or vibration is projected beyond the lot;
These items are to be included as a note on the Final Plat.
3. Water
The Colorado Office of the State Engineer has reviewed the proposal for the
subdivision and initially found that "Due to the lack of well permits for the
proposed uses, it is (their) opinion..... that the proposed water supply will cause
material injury to decreed water rights ". The State required that the applicant
resubmit the water supply plans for their review after the well permits are issued
and other information noted in their letter prior to Preliminary Plan approval.
Michael Erion P.E. of Resource Engineering has reviewed this proposal and had
also found that there were outstanding concerns to be addressed prior to Preliminary
Plan approval by the Board of County Commissioners. These items noted in his
report are listed below:
1. The existing plan for augmentation in Case No. 94CW03 and the well
permit No. 051461 -F are inadequate for the existing and proposed uses on
Lot 1. However, the applicant has included the existing and proposed uses
an Lot 1 within its West Divide Water Conservancy District contract. A
new well permit should be obtained prior to any final plat approval.
Mr. Erion also notes that Lot 1 uses water from the Regulski Well No. 2
central water system which represents the maximum use of a system not
regulated by the Colorado Department of Public Health and Environment,
and only has 3 /10ths ownership in the water system. Therefore the Regulski
Well No. 2 water system will be a State regulated system. Although the
West Divide Water Conservancy District contract provides for Lot 1 to drill
its own well, the applicant should address the requirements of Section 4.91.b
8
Sig R Commercial Subdivision - Preliminary Plat
PC 10/13/0. BOCC - 12/6/04
of the subdivision regulations. Evidence that an application for a public
water supply system has been submitted to the State should be provided
prior to any final plat approval, or otherwise drill a well on Lot 1 and
disconnect from the central system prior to any final plat approval.
3. The covenants indicate that the HOA will construct the fire supply storage
system. This system is a central subdivision improvement and must be
designed by a registered professional engineer and should be constructed by
the developer in Phase I of the subdivision.
On November 29, 2004 staff received a letter from the Colorado Office of the State
Engineer stating that the Applicant has obtained a "No Material Injury"
determination from the State Division of Water Resources which identifies that the
proposed water supply is physically adequate, so long as the Applicant obtains and
maintains valid well permits for the proposed wells pursuant to a court approved
plan for augmentation or pursuant to the West Divide Water Conservancy District's
temporary substitute supply plan.
Also, verbal communication from Michael Erion P.E. of Resource Engineering
indicates that he is satisfied that the requirements of this section as noted in his
initial review letter have been satisfied and written confirmation shall be submitted
at the BOCC public hearing.
4. Waste Disposal
The proposed subdivision is to be served by individual sewage disposal systems
(ISDS) for each lot. In reviewing the proposal of domestic waste disposal by the
Applicant, Mr. Erion has indicated in his report that due to the nature of the
commercial development and the close proximity of individual wells and ISDS
systems on each lot and adjacent lot, the ISDS systems shall be designed by a
registered professional engineer and follow the location guidelines on the utility
plan (sheet 3 of the engineering drawings). The covenants and a note on the final
plat shall indicate that the ISDS systems will be engineered by a registered
professional engineer and shall be only for domestic waste. The ISDS operation
and maintenance plan for domestic waste is adequate and consistent with other
subdivision approvals.
County Planning staff notes that industrial and commercial wastes are not allowed
to be dispersed into the above mentioned ISDS and such waste has to be captured,
collected and disposed of through a Non - Discharging system. The Applicant shall
submit an operation and maintenance plan which is adequate and consistent with
other commercial approvals for a Non - Discharging system for the proposed
subdivision
9
Bir R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 12/6/04
The Applicant shall be required to develop a covenant prohibiting the discharge of
any caustic materials or heavy metals.
Also, verbal communication from Michael Erion P.E. of Resource Engineering
indicates that he is satisfied that the requirements of this section as noted in his
initial review letter have been satisfied and written confirmation shall be submitted
at the BOCC public hearing.
5. City of Rifle
The City of Rifle requests that the subdivision, which lies within Rifle's watershed
district, obtain a City of Rifle watershed permit(s) for all uses on all separate lots.
A permit application must be filed with the city prior to any site improvements and
shall be approved and then submitted to the Garfield County Building and Planning
Department prior to approval of the Final Plat. Additional permits will be required
for land uses locating within the subdivision as new uses are introduced or created
in the future and must be submitted with any new building permits
6. Open Space
There are neither open space requirements nor any open space provided as part of
the proposed plan
7. Soils/ Geology/ Radioactivity
As noted earlier, and based on information supplied in the application, 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.
According to the HP Geotech report supplied as part of the application there
appears to be significant soils and geotechnical hazards on the property which may
prohibit development. However this can be mitigated, at their recommendation, by
requiring all new development to have a site specific geotechnical study performed
for each lot. A copy of each pertinent study is to he included as a part of all new
building permits applications.
Gamma radiation readings taken at the site, as cited by HP Geotechnical in the
radiation hazard report found in the application, appear to be typical of natural
background levels in the area and no mitigation of the radiation should be required.
8. Road/Access
10
Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BC /CC - 12/6/04
As noted earlier, staff referred the application to Michael Erion P.E. of Resource
Engineering, the Colorado Department of Transportation and the County Road and
Bridge Department for comment.
There are two (2) state highway access permits for the proposed project; however
there are three access locations as shown on the site plan. The two permits issued in
1999 are for the eastern access (Permit # 399019) and the west access (Permit #
399020). Both of which limit traffic to uses for "General Light Industrial" that
produce no more than 200 average daily trips (ADT) for each permit by CDOT.
There is no access permit for the central entrance on Lot 1 which was the historical
access. CDOT may require removal of this access at a future date when the the
existing permits are amended.
Michael Erion, has noted that the Applicant will need to demonstrate that the
distance between these three access points are appropriate and approved by CDOT.
The distance between the two most eastern access points is only 100 + /- linear feet
and the ADT generated for the proposed use must be shown to not exceed the
allowed usage amounts of the state access permit. Mr. Erion has also has indicated
there was no traffic analysis submitted to validate the design of the proposed
internal road and that it is an adequate service level. This was addressed at the
Planning Commission at which time the limits of the issued access permits was
discussed.
Verbal communication from Michael Erion P.E. of Resource Engineering indicates
that he is satisfied that the requirements of this section as noted in his initial review
letter have been satisfied and written confirmation shall be submitted at the BOCC
public hearing.
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 have to enter the site on SH 6 & 24 as permitted by CDOT.
Information submitted at the Planning Commission meeting by the Applicant as
shown in Exhibit Q initially addressed this issue by indicating the proposed ADT is
to be between 401 and 2.500. This ADT level will require that the internal road is
to be built as a Minor Collector which shall meet county construction 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 maintained by the Lot
Owner's Association and cannot be private unless approved as such through a
Planned Unit Development.
Staff notes that school impact fees cannot be collected at the building permit stage
on commercial subdivision lots; however they can be collected for all residential
uses which are a use by right in this zone district. The applicant was requested to
Big R Commercial Subdivision - Preliminary Plat
PC 10/13104. BOCC - 1216104
decide prior to the preliminary plan hearing before the Board of County
Commissioners if they will allow residential dwelling units. If allowed, the school
impact fee would be $200.00 per unit. The applicant shall also identify which lots
will not be allowed to have residential use and restrict them by covenant within the
Lot Owners Association.
Subsequent to the BOCC hearing the Applicant has submitted documentation which
details that alI lots shall be prohibited from constructing single family dwelling
units. This restriction shall be detailed in the Lot Owner's Association Declaration
of Covenants to be included as part of the Final Plat submittal as well as included as
a plat note.
The Applicant has submitted documentation which states that all lots shall be
prohibited from any dwelling uses. This restriction shall be detailed in the Lot
Owner's Association Declaration of Covenants. The Applicant has submitted a
draft of requirement. The Final Plat "Declarations of Covenants, Conditions and
Restrictions" shall be amended to provide for future residential use on specific
lot(s) with approval of the BOCC pursuant to a re- subdivision process including
preliminary and final platting with approval of a water supply plan, payment of
school impact fees, review of traffic impacts and all other review required by the
land use code of Garfield County then in effect."
9. Parking
The Applicant shall be aware that there must be adequate parking and necessary
space reserved for all proposed uses within the CG zone district. Staff requests the
Applicant show appropriate parking designations for each lot on the Preliminary
Plat prior to approval by the BOCC.
10. Fire Protection
The Rifle Fire Protection District has recently reviewed the proposed Subdivision.
The District understands that it is unknown what types of commercial occupancies
will be placed on the individual lots. The proposed subdivision is within the
boundaries of the Rifle Fire Protection District and fire and emergency medical
services are provided by the District. In order to improve our ability to provide
these services, the District makes the following recommendations:
1. A minimum of 180,000 gallons of fire protection water is needed on site.
Hydrants should be spaced a maximum of 500 feet from a structure.
Hydrants are to be capable of providing a minimum of 1500 gallons per
minute at 20 -PSI residual pressure. The NFPA requirements for fire flows
of fire hydrants indicate a flow of a minimum of 100 PSI in order to meet
the 1500 - gallon per minute requirement. All pipes, pumps, etc. must meet
nationally recognized standards. The District will require a pressure test of
12
Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 1216/04
the underground piping (200 psi for two hours) and a flow test of the
pump and hydrant for final acceptance of the system.
2. The main road, as well as individual driveways, is to be constructed to
accommodate the heavy weights of fire apparatus during adverse weather
conditions. Roadways should be a minimum of 24 feet in width.
3. The access road for emergency vehicles to County Rd.221 shall have an
unobstructed width of not less than 20 and unobstructed vertical clearance
of 13 feet 6 inches. This access must also accommodate the heavy weights
of fire apparatus during adverse weather.
4. Addresses are to be posted in a conspicuous location so they are readily
identifiable.
5. Each individual building will need to be reviewed at the building permit
phase to evaluate any additional fire protection requirements.
This plan review by the District has been conducted at a stage that it is difficult to
identify what types of occupancies may be constructed on the individual parcels.
Therefore, the minimum requirements have been specified. Additional items may
become necessary depending on the type of construction and use of the buildings.
11. Drainage/Floodplain
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 proposed drainage plan appears to meet County criteria and
standard engineering practices.
Michael Erion P.E. of Resource Engineering has stated in his report that an erosion
and sediment control plan for construction of the roads, drainage ditches and
detention ponds should be developed and submitted for review by his office. This
plan should include details and the location of silt fences, sediment logs, etc and
submitted prior to Preliminary Plat approval.
Verbal communication from Michael Erion P.E. of Resource Engineering indicates
that he is satisfied that the requirements of this section as noted in his initial review
letter have been satisfied and written confirmation shall be submitted at the BOCC
public hearing.
12. Wildlife
The Applicant has consulted with the Colorado Division of Wildlife. As per
Section 4:70(D) of the Regulations the Applicant is to provide a
"description of wildlife habitation, including big game ranges based on the mapping
13
Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC- I2 /0/04
practices of the ". Subsequently, the Colorado Division of Wildlife, Area Wildlife
Manager, Dean Riggs has conducted a site visit of the proposed subdivision with
the Applicant and found that "due to the small size and current disturbance on the
property, a wildlife assessment, is not needed and the proposed development
will not adversely impact wildlife"
The Applicant shall implement and follow the self - described Noxious Weed
Management Plan as submitted in the preliminary plan application.
13. Wetlands
Mr. Erion has indicated that there does not appear to be any Section 404 permitting
for the proposed project.
14. Noxious Weeds
The applicant has provided a weed management plan which indicates that Russian
olive trees are present on the proposed lot. The applicant shall treat and remove
these trees prior to final plat.
As noted earlier, the Applicant shall implement and follow the self- described
Noxious Weed Management Plan as submitted in the preliminary plan application.
15. Vegetation/Revegetation
As required in Section 4:570(C) of the Subdivision regulations, the Applicant has
provided a map and description of plant associations following practices of the Soil
Conservation Service and has included a description of adapted materials and the
location of major tree masses. There are no concerns regarding revegetation of the
site.
16. Impact 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 in the future that access to
a county road. The process for that allowance in prohibited dwelling uses is
outlined elsewhere in this report.
17. Utilities
The Applicant has indicated that all utilities are currently provided to Lot 1. These
services discussed in this section are gas and electric (Xcel Energy), and phone
which are all planned to be laid in the same trench.
l4
Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 12 /6/04
18. Drawings for Engineering Review
Mr. Erion has noted in his report that a trench detail for pipelines was absent in the
application and shall be submitted for his review prior to approval of the
Preliminary Plat.
Verbal communication from Michael Erion P.E. of Resource Engineering indicates
that he is satisfied that the requirements of this section as noted in his initial review
letter have been satisfied and written confirmation shall be submitted at the BOCC
public hearing.
IV. PROPOSAL HISTORY
On October 13, 2004, a public hearing was held before the Garfield County Planning
Commission to consider a Preliminary plan for Big R Commercial Subdivision and to
make a recommendation to the Board of County Commissioners. Present with the
applicant Bob Regulski Owner of Rifle Ski Corp. Were Attorneys Tom Stuver Barb
Burwell, project, Chris Manera Professional Engineer for Colorado River Engineering
and Brian Brown also with Colorado River Engineering. At that time there was required
information that was not present; therefore, Staff was not able to recommend approval of
the proposed subdivision for the 3 reasons as listed below:
1. The Colorado Office of the State Engineer has not issued a determination letter of
"No Material Injury ".
2
The Applicant has not submitted detailed traffic analysis which ensures the
commercial development is conducive to safe and efficient traffic flow, is capable
if reducing vehicular movements and that the proposed internal road is designed
for construction at a safe and adequate service level.
3. Adequate Colorado Department of Transportation access permits have not been
produced to demonstrate the proposal has an adequate and complete ingress and
egress scenario for the proposed development for all three access points.
Therefore, Staff suggested the Applicant either; Request a continuance of the public
hearing so sufficient information to satisfy the above mentioned issues can be submitted
the Garfield County Building and Planning Department, or withdraw the application and
resubmit the proposal in full at a later date when more information is available to allow
the Planning Commission to make a fully informed recommendation to the Board of
County Commissioners.
The Planning Commission decided to hear this proposal minus the information listed
above and by a vote of (6) to one (1) made a recommendation of Approval to the Board
of County Commissioners.
]5
Big 1/ Commercial Subdivision - Preliminary Plat
PC 10/13104_ BOCC - 12/61(14
V. RECOMMENDED FINDINGS
1. That proper publication, public notice, and posting was provided as required by
law for the hearings before the Planning Commission and before the Board of
County Commissioners.
2. That the hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and
issues were submitted; and that all interested parties were heard at those hearings.
3. That the application is in compliance with the standards set forth in Section 4:00
of the Garfield County Zoning Resolution of 1978, as amended.
4. That the application is in compliance with the standards set forth in Section 4.00
of the Garfield County Subdivision Regulations of 1984, as amended.
5. That for the above stated and other reasons, the proposed subdivision is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County;
V. PLANNING COMMISSION RECOMMENDATION
The Preliminary Plan for the Big R Commercial Subdivision recommendation from the
Planning Commission, as noted in this report, was sent forward without vital information;
specifically the Applicant had not demonstrated that a legal water supply is available. It
was the Planning Commission's understanding and expectation that this information
would be available prior to being sent to the BOCC.
Staff has subsequently received information which satisfactorily meets the requirements
of the Office of the State Engineer as discussed earlier.
At this time, Staff submits this application with the recommendation from the Planning
Commission that the Board of County Commissioners APPROVE the Preliminary Plan
for the Big R Commercial Subdivision with the following conditions;
1. All representations of the applicant, either within the application or stated at the
Planning Commission or Board of County Commissioners hearings, shall be
considered conditions of approval.
Prior to Final Plat approval, the Applicant shall obtain and maintain valid well
permits for the proposed wells pursuant to a court approved plan for augmentation
or pursuant to the District's temporary substitute supply plan.
16
Big R Commercial Subdivision - Preliminary Plat
PC 10/ 13 /01. BOCC - 12 /6/04
3. The Applicant shall provide evidence that the water supply is sufficient in terms of
quality, quantity and dependability, shall be available to ensure an adequate supply
of water for the proposed subdivision and shall submit this proof to the Garfield
County Building and Planning Department prior to the BOCC hearing for
consideration of the Preliminary Plan.
4. The Applicant shall submit an ISDS operation and maintenance plan which is
adequate and consistent with other commercial approvals for a non - discharging
system for the proposed subdivision prior to approval of the Final Plat, All ISDS
must be designed by a Registered Professional Engineer in the State of Colorado
and are for domestic waste only. An initial attempt shall be made to identify
projected ISDS uses and all upgrades shall require a separate septic permit at the
time of new building permit issuance.
5. The Applicant shall be required to develop a covenant prohibiting the discharge of
any caustic materials or heavy metals prior to approval of the Final Plat.
6. The Applicant shall submit and gain approval of a City of Rifle Watershed Permit,
and submit said permit to the Garfield County Building and Planning Department
prior to BOCC approval of the Final Plat
7. The Applicant shall create a Lot Owner's Association (LOA) and covenants to
address in detail all future interior road maintenance of the proposed subdivision
and modifications to the approved access permits in the Colorado Department of
Transportation ROW due to increases in ADT. All documentation regarding the
LOA and the allocation of payment and the responsibility and how such costs will
be allocated within the lot owners for the CDOT improvements of the internal road
shall be submitted with the Final Plat. The interior road shall be paved and built as
a minor collector, constructed as per County requirements, dedicated to the public
and maintained by the Lot Owner's Association and cannot be private unless
approved as such through a Planned Unit Development. Parking shall be addressed
at the time of all new building permit reviews.
8. The Rifle Fire Protection District requires the Applicant shall design and install fire
protection measures and provide the proposed design and cost to be detailed in the
Subdivision Improvements Agreement which shall be submitted prior to Approval
of the Final Plat. These measures are noted below:
1. The Applicant shall provide a minimum of 180,000 gallons of fire
protection water to the proposed site. Hydrants shall be spaced a
maximum of 500 feet from a structure and shall be capable of providing a
minimum of 1500 gallons per minute at 20 -PSI residual pressure with a
flow of a minimum of 100 PSI. All pipes, pumps, etc. shall meet
nationally recognized standards. The Applicant shall perform a pressure
test of the underground piping (200 psi for two hours) and a flow test of
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Big R Commercial subdivision - Preliminary P1aM
PC 10/13/04. BOCC - 12/6/04
the pump and hydrant for final acceptance of the system prior to the Final
Plat approval.
2. The main internal road, as well as all individual driveways and easements
shall be constructed to accommodate the heavy weight of fire apparatus
during adverse weather conditions. Roadways shall be a minimum of 24
feet in width and shall be in place and accepted prior to Final Plat
approval.
3. The internal access road for emergency vehicles to County Rd. 221 shall
have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of 13 feet 6 inches.
4. Addresses shall be posted in a conspicuous location so they are readily
identifiable.
5. Each individual building shall be reviewed at the building permit phase to
evaluate any additional fire protection requirements. These additional
items may become necessary depending on the type of construction and
use of the buildings.
9. The Applicant shall implement and follow the noxious weed management plan
found in the application and place this plan in the Lot Owner's Association
"Declarations of Covenants, Conditions and Restrictions.
10. The Applicant shall treat and remove Russian olive trees that are present on the
property prior to Final Plat approval.
11. The Applicant has submitted documentation which states that all lots shall be
prohibited from any dwelling uses. This restriction shall be detailed in the Lot
Owner's Association "Declarations of Covenants, Conditions and Restrictions" to
be submitted with the Final Plat. The document will further state that "future
residential use is possible on specific lot(s) with approval of the BOCC pursuant to
a re- subdivision process including preliminary and final platting with approval of a
water supply plan, payment of school impact fees, review of traffic impacts and all
other review required by the land use code of Garfield County then in effect."
12. All utility extensions shall be laid in the same trench.
13. The Applicant shall add these plat notes to the Final Plat:
1. "Individual City of Rifle Watershed Permits shall be required for all new uses
on all lots and a copy of the current and site specific permit shall be submitted
with any new applications for a building permits."
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Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 12/6/04
2. "The owners of all lots shall be prohibited from constructing our using any
existing structures for any dwelling uses. This restriction is detailed in the Lot
Owner's Association "Declarations of Covenants, Conditions and
Restrictions" as submitted as part of this Final Plat. The document provides
that "future residential use is possible on specific lot(s) with approval of the
BOCC pursuant to a re- subdivision process including preliminary and final
platting with approval of a water supply plan, payment of school impact fees,
review of traffic impacts and all other review required by the land use code of
Garfield County then in effect."
3. "All ISDS systems must be designed by a registered Professional Engineer."
4. "Each new individual building shall be reviewed at the building permit phase
to evaluate any additional fire protection requirements and no permit will be
issued without a Rifle Fire Protection District approval letter."
5. "Site specific geotechnical studies shall be conducted for individual new lot
development and a copy of each pertinent study shall be included as a part of
all new building permits applications."
6. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five
percent (85 %)."
7. "AlI streets are to be dedicated to the public, are not private, and shall be
maintained by the Lot Owner's Association as detailed in the Declaration of
Covenants."
8. "All permissible Commercial establishments in this district shall be allowed
when these four (4) requirements are observed;
(1) All fabrication, service and repair operations are conducted within a
building;
(2) All storage of materials shall be within a building or obscured by a
fence;
(3) Al] loading and unloading of vehicles is conducted on private
property;
(4) No dust, noise, glares or vibration is projected beyond the lot:"
(5) All lot owners shall maintain that all outdoor lighting shall by directed
downward and inward.
19
Big R Commercial Subdivision - Preliminary Plat
PC 10/13/04. BOCC - 12/6104
9. As each new Building Permit is submitted to the Garfield County Building
and Planning Department, each lot owner shall also submit the most recent
up -to -date "count of the actual average daily trip analysis" as required to be
determined by the Lot Owners Association and approved by the Colorado
Department of Transportation at various intervals throughout the development
of the lots in the subdivision, as described in the Access and Utilities /CDOT
Permit Compliance section of the Declaration of Covenants, Conditions and
Restrictions for Big -R Commercial Park.
20
Big R Commercial Subdivision - Preliminary Pia(
PC 10/]3104. BOCC- 12/6/04