HomeMy WebLinkAbout1.12 Justification ReportBroownstdnl Hyatt
.Farber Schreck
September 16, 2015
Ms. Tamara Allen
Planning Manager - Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Garfield County Commercial Investments, LLC - Rezone Justification Report
Dear Ms. Allen:
Enclosed with this letter, please find an application (the "Application") to rezone parcel 2393-
072-00-031 (the "Property"), a 43.25 acre parcel of vacant land located north of and across the
RFTA Trail from the River Edge Colorado Planned Unit Development, from Residential -
Suburban ("RS") to Commercial -General ("CG"). This letter shall serve as the Justification
Report for the Application.
BACKGROUND
The Property is owned by Garfield County Commercial Investments, LLC ("GCCI"), an affiliate
of Carbondale Investments, LLC ("CI"), which owns the adjacent property subject to the River
Edge Colorado Planned Unit Development. GCCI also owns the property adjacent to and north
of the Property, which is zoned Commercial General and is the site of the now -vacant Sopris
Restaurant. The Property is currently zoned RS and is designated Residential High and
Unincorporated Community under the County's Comprehensive Plan 2030 (the
"Comprehensive Plan" or "Comp Plan"). The southern portion of the Property is adjacent to
property designated as a Rural Employment Center under the Comprehensive Plan.
The parcel is bordered by the following zone districts and uses:
North: Properties zoned CG, mostly built out and occupied by existing business.
East: State Highway 82 (SH 82) and properties zoned CG and Commercial -
Limited, mostly built out and occupied by existing businesses.
South: Cattle Creek Road. Access from SH 82 is proposed to be eliminated as part
of CI's pending applications. The Rio Grande Trail and Cattle Creek Road
converge at the southern limits of the Property, which borders property zoned
PUD.
West: Rio Grande Trail, a publicly -maintained pedestrian and bike trail.
Also in the vicinity are the residences on Coryell Road, the H Lazy F and Mountain Meadows
mobile home parks, and the Los Amigos Ranch, Ironbridge, and Aspen Glen PUDs. The
bhfs.com Brownstein Hyatt Farber Schreck, LLP
Property will be served by the Cattle Creek Metropolitan District(s) and is within the service area
boundary of the Roaring Fork Water and Sanitation District ("RFWSD").
COMPLIANCE WITH REZONING CRITERIA
An application for rezoning must demonstrate with substantial evidence that an error exists in the
Official Zone District Map, or meet the following criteria:
1. The proposed rezoning would result in a logical and orderly development pattern and
would not constitute spot zoning;
2. The area to which the proposed rezoning would apply has changed or is changing to
such a degree that it is in the public interest to encourage a new use or density in the
area;
3. The proposed rezoning addresses a demonstrated community need with respect to
facilities, services, or housing; and
4. The proposed rezoning is in general conformance with the Comprehensive Plan and in
compliance with any applicable intergovernmental agreement.
As explained below, the Application satisfies each of the above approval criteria.
1. The proposed rezoning would result in a logical and orderly development pattern and
would not constitute spot zoning.
The following factors indicate that the proposed rezoning would result in a logical and orderly
development pattern and would not constitute a spot zoning:
• Zoning and actual use of adjacent properties
• Location adjacent to SH82 and commercially zoned properties
• Concentration of commercial uses is beneficial for customers and business owners
• Proximity to the Rural Employment Center identified in the Comprehensive Plan
• Accessibility of needed commercial services and places to existing residential users
• Accessibility of needed commercial services and places to future residential users
The zoning of adjacent properties is an important factor in evaluating whether a proposed
rezoning would result in logical and orderly development. The properties to the north, east, and
southeast of the Property are currently zoned Commercial General or Commercial Limited.
Given the proximity of properties zoned Commercial General, the requested rezoning would not
constitute spot zoning. Actual use is also relevant when considering spot zoning and logical and
orderly development. At present, a variety of commercial uses exist in the immediate vicinity of
the Property, including contractor's offices, CNG sales, a lumber yard, restaurants, a gas station,
the Habitat Restore, and limited retail uses. Rezoning the Property to Commercial General is
compatible and consistent with these surrounding uses and existing zoning. Furthermore, the
LUDC allows for a variety of uses within Commercial General zoning, indicating that such uses
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are inherently compatible with each other. Given the proximity of these commercial uses, the
benefits to the community of the rezoning further addressed below, and the Application's general
conformance with the Comprehensive Plan, the requested rezoning will result in orderly and
logical development and does not constitute spot zoning.
The Property adjoins SH82, has exceptional visibility and access, and is adjacent existing
commercial uses, making commercial development the property's best use. It's ideal location is
reflected in part by the number of commercial developments that currently exist in the area.
Research has shown that a concentration of commercial uses will benefit both businesses owners
and consumers. Businesses will experience an increase in traffic and a greater chance for sales,
while the consumer experiences more diverse, convenient, and competitive shopping experience.
(Concentration of Competing Retail Stores, Hideo Konishi) Furthermore, the Property is
adjacent to what has been designated in the Comprehensive Plans as a Rural Employment
Center, which contemplates light industrial and business park uses. Additional Commercial
General zoning would complement these existing and future uses by serving such businesses and
their employees.
Finally, multiple residential subdivisions exist in the vicinity of the Property, including River
Edge Colorado, Ironbridge, Los Amigos Ranch, and Aspen Glen. These residential areas are
close enough to take advantage of commercial uses, services, and employment opportunities on
the Property, but are separated from the Property by distance or physical features so that
commercial uses on the Property would be compatible and harmonious with the residences.
Rezoning the Property to Commercial General also creates an opportunity to achieve the
compatibility referred to above. Since the financial crisis, people are no longer satisfied with
commercial centers that are simply a place where transactions take place. Instead, people now
seek an experience when shopping. This rezoning will meet the demand for a development that
will have a variety of high-quality, mixed businesses and public spaces, creating a great retail
experience for the surrounding communities and serve as a buffer between the residential
communities and the industrial and business park uses in the Rural Employment Center.
2. The area to which the proposed rezoning would apply has changed or is changing to
such a degree that it is in the public interest to encourage a new use or density in the area.
When it adopted the Comprehensive Plan, the County recognized that land use decisions should
be made to "respond to both the immediate and anticipated long-term needs of the County."
Comp Plan, p. 9. Significant residential growth has occurred in the Roaring Fork Valley since
this property was rezoned to RS in 2008. Based on the 2010 Census, nearly 5,600 households
were added to the Roaring Fork Valley between 2000 and 2010, and another estimated 1,273
were added between 2010 and 2015. Market data indicates that another nearly 1,000 households
will be added by 2020. The Roaring Fork Valley is now home to more than 75,000 people, with
another approximately 1,300 moving in every year.
Despite this growth, Glenwood Springs is the only community with large format retailers — all
other Roaring Fork Valley communities have only grocery stores. As residential development
continues in the vicinity of the Property, additional commercial uses are necessary to serve and
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employ the growing population. The rezoning will allow for commercial uses to serve both the
existing and future residents and businesses in the vicinity of the Property.
3. The proposed rezoning addresses a demonstrated community need with respect to
facilities, services, or housing.
The Property is one of the only sites adjoining SH 82 within the County — indeed, potentially the
only site — on which to locate a desirable retail development. The Property enjoys viable access,
developable terrain, and exceptional visibility from SH 82, which has daily traffic counts of
25,000 cars. For these reasons, GCCI has received expressions of interest from national and
regional retailers seeking to locate stores on the Property. In addition, significant residential
development has occurred in the Roaring Fork Valley, creating heightened demand for retail
services. The Comprehensive Plan advocates for additional residential growth closer to
employment centers in the Roaring Fork Valley. Additional commercial development in
proximity is vital to encouraging and supporting such residential growth.
While vacant commercial spaces currently exist in communities throughout the County, none
offer space that could accommodate large format retail, with the exception of the Kmart box in
Glenwood Springs, which poses some challenges to redevelopment. Even so, the existence of
other underperforming developments undertaken by other developers on other properties is not a
valid justification for approval or denial of this proposed rezoning. Such vacancies could be
temporary, caused by unreasonably high rental rates or by poor marketing, or could be the result
of a bad location, development unsuitable for the type of commercial uses in demand, or because
those properties shouldn't have been zoned commercial. The suitability of the Property for the
proposed zoning should not be judged based on the suitability of zoning previously applied to
other properties elsewhere in the County. Market forces should be allowed to work with regard
to locating future commercial development. Rezoning the Property may provide the County with
the only opportunity to have a vibrant commercial center.
Furthermore, commercial development of the Property will provide a tax base to fund numerous
community benefits, including extension of water and sewer services within the Service Area of
the Roaring Fork Water and Sanitation District and improvements to the intersections with SH
82 at this Property and Cattle Creek (such as the installation of a traffic light). Finally,
commercial development will diversify the employment base and provide employment
opportunities closer to residential communities.
4. The proposed rezoning is in general conformance with the Comprehensive Plan and in
compliance with any applicable intergovernmental agreement.
In Colorado, comprehensive plans are "generally held to be advisory only." Theobald v. Bd. of
Cnty. Comm'rs, Summit Cnty., 644 P.2d 942 (Colo. 1982). The Comprehensive Plan recognizes
that its purpose is to "create[] goals and policies to help achieve {a] vision" and that it is a
"strategic tool to help a county guide development[.]" Comp Plan, p. 13.
The LUDC requires rezoning applications to generally conform with the Comprehensive Plan.
But general conformance does not require compliance "with every policy category" in the
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comprehensive plan. Canyon Area Residents for the Env't v. Bd. of County Comm'rs, No.
08CA2390, slip op. at 20 (Colo. App. June 18, 2009). Rather, a land use application generally
conforms with the comprehensive plan so long as it does not "frustrate or preempt achievement
of the plan's recommendations" and is "compatible with, and does not frustrate, the
[comprehensive] plan's goals and policies." Growth Initiative Committee v. Jumpers, LLC, 128
P.3d 452, 461 (Nev. 2006); Richmarr Holly Hills, Inc. v. American PCS, L.P., 701 A.2d 879,
893, 903 (Md. App. 1997).
This Application generally conforms with the Comprehensive Plan by satisfying multiple
standards and furthering numerous goals, policies, and objectives described in the
Comprehensive Plan.
Land Use Designations
The Comprehensive Plan contains multiple land use designations, each with its own
characteristics, zoning, and uses. The Property is designated Residential High and
Unincorporated Community. It is also adjacent to a Rural Employment Center.
Unincorporated Community/Residential High
The Comprehensive Plan and Future Land Use Map designate the Property as Residential High
and within an existing Unincorporated Community. While the Residential High designation does
not allow for commercial zoning, the Unincorporated Community designation expands the
allowed uses on the Property and specifically contemplates both Commercial General and
Commercial Limited zoning. Comp Plan, p. 32.
The Comprehensive Plan advises that growth should occur in certain areas, including Urban
Growth Areas and existing Unincorporated Communities. By directing growth to
Unincorporated Communities, the Comprehensive Plan rightly acknowledges that (i) it is
impractical and unrealistic to direct all future growth within the County to Urban Growth Areas,
and (ii) existing and future demands for affordable housing can only be met by providing for
higher densities within Urban Growth Areas and Unincorporated Communities.
The Comprehensive Plan describes existing Unincorporated Communities as having "a dense
level of development, a mix of uses, and urban services provided by special districts." Comp
Plan, p. 23. Therefore, the Comprehensive Plan appropriately designates the Property as within
an existing Unincorporated Community because: (i) commercial uses exist in the immediately
surrounding area, (ii) a Rural Employment Center is located directly across SH 82 from the
Property, (iii) the County has for years contemplated commercial and high density residential
uses in the area (as expressed in previous Comprehensive Plans and maps and approved PUDs),
and (iv) the Property falls within an existing Water and Sewer Service Area. Therefore, as
envisioned by the Comprehensive Plan, the Property is an area where it is appropriate for more
intense commercial development to occur.
Moreover, while Unincorporated Communities may contain "subdivisions and neighborhood
centers that primarily serve their own populations," they are not prohibited from containing
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commercial uses that also serve a wider need. Indeed, the Unincorporated Community
designation expressly allows for Commercial General zoning, which is designed to provide
"General Retail, service, and recreation -oriented commercial businesses intended to serve the
County as a whole." LUDC, § 3-101(B). In contrast, Commercial Limited zoning allows "a
limited range of commercial uses needed to meet the shopping needs of residents in the adjacent
neighborhoods." LUDC § 3-101(C). The Comprehensive Plan contemplates both Commercial
Limited and Commercial General zoning within the Unincorporated Community designation,
which indicates a willingness to incorporate the uses allowed in Commercial General, even if
they also serve a customer base that extends outside the limits of the Unincorporated
Community.
Moreover, the Comprehensive Plan describes Unincorporated Communities as containing "town
and neighborhood centers." Comp Plan, p. 32. Town Centers "contain a mix of uses: retail,
office, and often residential" are usually "25 to 50 acres in size" and in unincorporated
communities "are typically anchored by a grocery store and may contain other minor retail and
employment uses." Comp Plan, pp. 24, 31. The Property is 43.25 acres and lies within an
existing Unincorporated Community. Rezoning the Property to Commercial General would
allow commercial retail development of the type contemplated in the Comprehensive Plan for
Town Centers within Unincorporated Communities.
Rural Employment Center
Rural Employment Centers ("RECs") are one type of Designated Center described in the
Comprehensive Plan. The Comprehensive Plan encourages the "ongoing viability of these
existing centers, as well as new ones" and states that these centers are intended to "add to the
economic diversity of the County." Comp Plan, p. 23. RECs are "geographically consolidated
areas" that allow for light industrial, manufacturing, equipment storage, and incidental retail
sales, which have "a concentration of light industrial and business park uses." Comp Plan, pp.
23, 33. RECs allow for Commercial General zoning. Comp Plan, p. 33.
The Property is adjacent to an REC at the intersection of SH 82 and Cattle Creek Road. The
rezoning of the Property to Commercial General will allow for retail uses that are
complementary to the industrial and business park uses and that serve the surrounding
community. The Comprehensive Plan expressly allows for Commercial General zoning in Rural
Employment Centers because Commercial General uses are compatible with light industrial and
business park uses. The rezoning would contribute to the ongoing vitality of the REC and add to
the economic diversity of the area in the vicinity of the REC. Indeed, it may eventually result in
the creation of a new or expanded REC, which the Comprehensive Plan encourages.
Comprehensive Plan Goals, Policies, and Objectives
General
The overall goal of the Comprehensive Plan, as demonstrated through the Future Land Use Map,
is to "preserve the livability of the county in the future." Comp Plan, p. 21. The Comprehensive
Plan recognizes that "[a] `livable' county means different things to different people" and that for
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some people it means "allowing flexibility to accommodate economic development in the
county." Comp Plan, p. 21. Therefore, it "seeks to achieve a broad range of `livability' in a
balanced manner." Comp Plan, p. 21. The proposed rezoning will help achieve this overarching
goal by offering new and necessary commercial retail uses in close proximity to existing and
planned residential developments and light industrial and business park uses. This will create a
more livable, well-rounded community.
The Comprehensive Plan sets forth numerous policies, goals, and strategies to guide future land
use decisions to achieve a livable community. The proposed rezoning promotes many of these
policies, goals, and strategies, and therefore generally conforms with the Comprehensive Plan.
Maintaining a Strong and Diverse Economic Base
The Property is centrally located within the Roaring Fork Valley and represents the best — and
perhaps only — viable site for retail development within the unincorporated County.
Commercial development on this Property will attract diverse, quality retailers to the Roaring
Fork Valley, including large format retailers, which are lacking in the County. This will help
maintain a strong and diverse economic base in the County and will provide employment
opportunities to residents of nearby communities, thereby promoting another goal of the
Comprehensive Plan, which encourages growth in existing Unincorporated Communities.
While the Comprehensive Plan discourages development that will draw sales tax revenues out of
nearby municipalities, no evidence exists that this development would do so. The Property is
distant from any city's boundaries and any Urban Growth Areas. The overwhelming benefits to
the County, including creating a diverse economy, establishing an employment base proximate to
residential (including affordable) housing, and promoting rational growth, surely outweigh
whatever minor impact the rezoning may have on city sales tax revenue.
Encouraging Compatible Development and Residential Growth Near Employment Centers,
Existing Infrastructure, and Amenities
The Unincorporated Community designation emphasizes the desire for commercial uses to serve
the areas proximate to the Unincorporated Community and expressly allows for Commercial
General zoning. This implies that commercial uses should exist within the Unincorporated
Community and that such uses are compatible with nearby residential uses. For this and other
reasons, rezoning the Property to Commercial General would be compatible with nearby
residential land uses. The property to the west of the Property (the "CI Property") is owned by
Carbondale Investments, LLC, which is wholly owned by the same interests that own the
Property. The CI Property consists entirely of the River Edge Colorado PUD, which is intended
primarily for residential uses. The residents of this community, the Ironbridge development
(which the Figure 23 in the Comprehensive Plan notes is "not near shopping" contrary to the
County's Vision statement that "Housing is located near existing infrastructure and amenities so
that families can live, work and play in their communities."), and others like them will benefit
from having nearby commercial uses, as intended in an Unincorporated Community. Further, the
properties to the north, east, and southeast of the Property are currently zoned Commercial
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General or Commercial Limited. Additional Commercial General zoning is certainly compatible
with these properties.
Rezoning of the Property to Commercial General will allow for development of new commercial
uses that will serve the significant existing and planned residential subdivisions in the vicinity.
This will in turn help alleviate the concerns described in the Comprehensive Plan regarding
traffic congestion and deteriorating road conditions cause by cross -county commuting to
commercial and employment centers. It will also locate additional employment opportunities
near significant affordable housing, such as in the River Edge Colorado PUD and the nearby
Ironbridge development, thereby encouraging development and occupancy of such communities.
In addition, the Property must be developed in compliance with the detailed design standards in
the LUDC. The LUDC provides for minimum setbacks, maximum floor area ratios, maximum
lot coverage ratios, minimum lot areas, maximum height restrictions, design guidelines for
architectural features such as parapets and cornices, use restrictions, visual buffering, site
orientation and organization standards, minimum parking requirements, loading dock standards,
landscaping standards, and restrictions on the types of materials that may be used in construction.
See, LUDC §§ 3-201, 7-301, 7-302, 7-303. Many of these requirements and standards expressly
require compatibility with surrounding development. Compliance with all of these restrictions
and standards ensure that development of the Property will preserve the visual quality of the
County.
Encouraging Development in Existing Sanitation District Service Areas
The Comprehensive Plan recognizes that "if and where urban types of development occur in the
unincorporated areas," such services may be provided by a special district or metropolitan
service district. Comp Plan, p. 37. The Property will be included in the Cattle Creek
Metropolitan District(s), which is authorized to exercise certain street improvement,
transportation, water, sanitation, and park and recreation powers. In addition, the Property is
within the service area boundary of the RFWSD. The Applicant, Carbondale Investments, LLC,
and the RFWSD entered into a Pre -Inclusion Agreement, recorded at Reception Number 825458,
setting forth terms and conditions whereby the Property and CI Property would be included
within the boundaries of the RFWSD and the RFWSD would agree to provide water and sanitary
sewer service to these properties. Upon completion of the infrastructure contemplated under the
Pre -Inclusion Agreement and the redevelopment of the intersection with SH 82, legal, adequate,
dependable and environmentally sound water/sewage disposal facilities will be provided to the
Property, consistent with the Comprehensive Plan.
For the foregoing reasons, rezoning the Property to Commercial General will promote many of
the goals, policies, and objectives of the Comprehensive Plan. Therefore, the Application
generally conforms with the Comprehensive Plan, as required by the LUDC.
SIZE AND SCOPE OF DEVELOPMENT
The LUDC does not require the submittal of a site plan as a condition of rezoning the Property to
Commercial General. GCCI has no committed users of the site, so it would be premature to
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propose a specific site plan at this time. After approval of its requested rezoning, GCCI will
proceed to secure commercial users of the Property and process a site plan in accordance with
the LUDC.
In order to provide some sense for the scale of the development anticipated on the Property,
GCCI has attached a generalized illustration of where development is likely to occur, given the
constraints imposed by the Terrace Parkway access road, setbacks, height restrictions, storm
water management, frontage minimums, and minimum parking ratios. While merely a
representation of one possible configuration for development on the Property, the illustration
reflects the site constraints applicable to the site and the likelihood that the Property would
accommodate a maximum of 300,000 square feet of commercial development.
CONCLUSION
As discussed in this Justification Report, the Application satisfies the criteria for approval in the
LUDC and is in general conformance with the Comprehensive Plan. Therefore, we respectfully
request that Staff and Planning Commission recommend approval and that the Board of County
Commissions approve the Application.
Sincerely,
Brown ein
r Schreck, LLP
Charl- J. Smith, Esq.
Attorney
Enclosed:
Draft Illustration of Development
Rezoning Application and Materials
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CONCEPTUAL LANDUSE MAP
GARFIELD COUNTY, COLORADO
Ga
owa
Planning. Architecture. Engineering.
CONCEPTUAL SITE DATA
COMMERCIAL ±25.5 ACRES
OPEN SPACE ±77.90 ACRES
INFRASTRUCTURE ±5.85 ACRES
TOTAL ±43.25 ACRES