HomeMy WebLinkAbout6.0 BOCC Staff Report 05.01.2006May 1, 2006 — BOCC
Exhibits for Public Hearing of the Text/District Amendment
Lot 47 Valley View Village
Applicant — Edward and Ida Lee Hoagland
Staff — Richard Wheeler
Exhibit Letter
(A to Z)
Exhibit
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Mail Receipts
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Proof of Publication
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Garfield County Zoning Resolution of 1978, as amended
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Garfield County Subdivision Regulations of 1984, as amended
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Garfield County Comprehensive Plan of 2000
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Staff Report dated 5-1-2006
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Application for the Text/Zone District Modification
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BOCC 5-1-06 RW
Lot 47 Valley View Zone District/Text Amendment
STAFF REPORT TO BOARD OF COUNTY COMMISSIONERS
REQUEST: Rezone the subject property from Neighborhood Commercial (NC)
to Mixed Use (MU) District
OWNER/APPLICANT: Edward and Ida Lee Hoaglund
REPRESENTATIVE: Leavenworth & Karp, PC
GENERAL LOCATION OF PROPERTY: Southeast corner of West Battlement
Parkway and Stone Quarry Road
PROPERTY SIZE: 7.9 Acres
EXISTING ZONING: Neighborhood Commercial
SURROUNDING ZONING: Medium Density Residential, Low Density
Residential, Public Space Residential, and Open Space
1. REQUEST
The applicant is requesting to rezone their property from Neighborhood
Commercial to a new PUD zone district called Mixed Use. This request is based
on the applicants desire to use the property in a way that would be more
conducive to the surrounding activities in the area.
2. CURRENT PROPERTY USE
Currently the property is an unimproved piece of ground. It appears the only use
is for storage of equipment for construction activities in the area. All abutting
roads are fully improved. To the south is an area zoned open space. Further
south of the open space is a residential development of single family and multi
family homes. It appears this residential development is nearing completion of
the project. The open space parcel has mature vegetation which will act as a
natural buffer from the adjoining development. The current zone district of the
parcel is Neighborhood Commercial. In this zone district no residential uses are
allowed.
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Listed below are all the uses by right, conditional and special uses in the
NC District.
6.1 Uses by right: Retail establishments not exceeding 15,000 square feet of
building area for each principal use, including grocery, dry goods,
hardware, bakery, liquor, drug, florist, books and similar uses.
Personal service establishments not exceeding 5,000 square feet of area
for each principle use, including barber, beauty, self serve laundry, dry
cleaning, photo and art studios, travel agency, shoe repair, health spa,
private clubs, indoor eating and drinking establishments (which may
include liquor), banks, and similar uses.
Offices for business and professional uses.
Gasoline service stations with two or less service bays, which must be
sited with limited vehicular access and service areas reasonably screened
from public view, self service storage facilities,
Unmanned carwash facilities (coin operated self service or automatic
touch free) with four or less wash bays and vacuum stations, which must
be sited with limited vehicular access.
6.2 Uses, conditional: Church, community building, day nursery and school,
auditorium, public building for administration, fraternal lodge, art gallery,
museum, library.
6.3 Uses, special: Extraction and processing of natural resources
Listed below are the proposed uses in the Mixed Use District:
Uses by right: Retail establishments not exceeding 15,000 square feet of building
area for each principal use, including grocery, dry goods, hardware, bakery,
liquor, drug, florist, books and similar uses.
Personal service establishments not exceeding 5,000 square feet of area for
each principle use, including barber, beauty, self serve laundry, dry cleaning,
photo and art studios, travel agency, shoe repair, health spa, private clubs,
indoor eating and drinking establishments (which may include liquor), banks, and
similar uses.
Offices for business and professional uses.
Gasoline service stations with two or less service bays, which must be sited with
limited vehicular access and service areas reasonably screened from public
view.
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Self service storage facilities.
Unmanned carwash facilities (coin operated self service or automatic touch free)
with four or less wash bays and vacuum stations, which must be sited with
limited vehicular access.
Single family residential, multi -family residential, townhouses, and condominiums
and customary accessory uses including buildings for shelter or enclosure of
animals or property accessory to use of the lot for residential purposes, fences,
hedges, gardens, walks, and similar landscape features
Open Space, parks, bike paths, stormwater detention facilities and the like
Uses, conditional: Church, school, community building, day nursery.
Uses, special: Warehouse facilities, public gatherings, commercial park, and
group home for the elderly.
3. APPLICABLE LAND USE REGULATIONS FOR THE PROPOSED ZONE
DISTRICT AMENDMENT
§4.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN
§4.12.01 The provisions of the Plan relating to the use of land and the location of
Common Open Space shall run in favor of the County and shall be
enforceable in law or in equity by the County without limitation on any
powers or regulation otherwise granted by law.
§4.12.02 All provisions of the Plan shall run in favor of the residents, occupants
and owners of the PUD, but only to the extent expressly provided in
the Plan and in accordance with the terms of the Plan, and, to that
extent, said provisions, whether recorded by plat, covenant, easement
or otherwise, may be enforced at law or in equity by such residents,
occupants or owners acting individually, jointly or through an
organization designated in the Plan to act on their behalf.
§4.12.03 All those provisions of the Plan authorized to be enforced by the County
may be modified, removed or released by the County, subject to the
following:
(1) No modification, removal or release of the provisions of the Plan by
the County shall affect the rights of the residents, occupants and
owners of the PUD to maintain and enforce those provisions at law or
in equity; and
Staff Comment: Staff feels that some of the proposed uses in the mixed use
district will affect the rights of the residents. Specifically unmanned car washes
and warehouse facilities should not be allowed. Originally, staff recommended
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that the use of the self serve storage facilities should be limited to the residents
of Valley View Commons (Lot 47 Valley View Village) only. After the Planning
Commission meeting, it was recommended that self serve storage facilities
should be allowed as a conditional use. Staff is in concurrence with this
recommendation.
(2) No substantial modifications, removal or release of the provisions of
the Plan by the County shall be permitted except upon a finding by the
County, following a public hearing called and held in accordance with
the provisions of Section 24-67-104. C.R.S., that the preservation of
the entire PUD does not affect in a substantially adverse manner either
the enjoyment of land abutting upon or across a street from the PUD,
or the public interest, and is not granted solely to confer a special
benefit upon any person.
Staff Comment: The proposal does not appear to substantially affect the PUD
in an adverse manner. However, staff would opine that any type of carwash is
not appropriate in a mixed use area. The noise from the car wash and vacuums
operating 24 hours a day can be a nuisance to adjoining residences.
Additionally, the use of the self serve storage facilities should be a conditional
use. It is also staffs opinion that a warehouse facility is not appropriate in a
mixed use setting.
(3) If time-share or fractional ownership units or other similar interest in
property are proposed after PUD zoning is granted by the Board of
County Commissioners, an application for such designation shall
contain unanimous approval of all owners of real property within the
PUD. (A. 97-109)
Staff Comment: Not applicable. No time share or fractional interests are
proposed
(4) No modification removal or release of a TPUD plan shall be
permitted which would cause any conflict with the operation or
utilization of the adjacent Mass Transit Facility or with any of the
standards contained in Section 5.11 et seq. of this zoning resolution.
(added 2002-12)
Staff Comment: Not applicable. This is not a TPUD
4. GENERAL COMMENTS
Staff is suggesting the following modifications to the proposed zone district
(suggested changes are underlined):
Minimum Lot Area:
(3) 9,000 square feet for three (3) family dwelling building plus 3,000 square
feet for each additional attached unit on the same lot
Maximum Lot Coverage:
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(3) The maximum number of dwelling units per building shall be as follows:
townhomes; 4 units per building, condominiums and multi family; 8 units
per building.
Minimum Setbacks:
Strike the language "Unless otherwise permitted by special use permit"
(3) Single Family Detached Residence: Front yard; twenty (20) feet, side yard;
five (5) feet, year yard; ten (10) feet, corner lot; side yard abutting the right-of-
way, ten (10) feet,
Maximum Building Height:
Strike the language "Unless variance obtained"
5. PLANNING COMMISSION AND STAFF RECOMMENDATION
Planning Commission and Staff are suggesting the Board of County
Commissioners approve of the Zone DistrictfText amendment with the following
conditions:
1. That carwashes of any kind shall not be allowed in the proposed zone
district.
2. That warehouse facilities shall not be allowed in the proposed zoned
district.
3. That self serve storage units shall be allowed as a conditional use.
4. That the following modifications be made to the proposed zone district
(changes are underlined):
a) Minimum Lot Area:
(3) 9,000 square feet for three (3) family dwelling building plus 3,000
square feet for each additional attached unit on the same lot
b) Maximum Lot Coverage:
(3) The maximum number of dwelling units per building shall be as
follows:
townhomes; 4 units per building, condominiums and multi family; 8
units per building
c) Minimum Setbacks:
Strike the language "Unless otherwise permitted by special use permit"
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(3) Single Family Detached Residence: Front yard; twenty (20) feet,
side yard; five (5) feet, year yard; ten (10) feet, corner lot; side yard
abutting the right-of-way, ten (10) feet,
d) Maximum Building Height:
Strike the language "Unless variance obtained"
Submitted to the Board of County Commissioners from GarCo Planning Staff: Richard Wheeler
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Parachute and Battlement Mesa desperately need new shopping opportunities. (Full drug store such as
Rite aid or Walgreen/bakery, etc. )
However, how can we make a decision without any information as to how the re -zoned property would be
used. Will development be screened from residential by trees, or other landscaping? I would like to
know what businesses have expressed an interest in Lot 47 of the Valley View subdivision then I can
make a better decision.
Carol K Abbott
19 Angelica Circle
Parachute, CO 81635 ( Valley View Village HOA Rep.
e-mail at ckmesa@rofnet
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RECEIVED
APR 0 6 2006
GARFIELD COUNTY
BUILDING & PLANNING
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GARFIELD COUNTY
BUILDING & PLANNING
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GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: February 8, 2006
Comments Due: March 1, 2006
Name of application: Valley View Commons Lot 47
Sent to: Garfield County Road & Bridge Dept.
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Richard Wheeler
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no problem with
the land use request as presented by the sketch plan. I talked to the engineering company
and we will work on the driveway access issue in the future planning stages. We will do
and onsite visit to look at the best possible location for the new driveway access coming
off of Stone Quarry Road. A driveway access permit with conditions specific to the
access will be issued by Garfield County Road & Bridge Department for the construction
of the driveway when all conditions are agreed on.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date February 10, 2006
Revised 3/30/00
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R E URGE*
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■■■■■ E N G I N E E R I N G INC.
Mr. Richard Wheeler
Garfield County Building and Planning Department
108 Eighth Street, Suite 401
Glenwood Springs CO 81601
RE: Valley View Commons, Lot 47 Valley View Village
Sketch Plan Application
Dear Richard:
March 3, 2006
At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has
reviewed the Sketch Plan Application for the Valley View Commons Lot 47. The
submittal is a 3 ring binder dated December 2005. Our comments on technical items are
presented below.
WATER AND WASTEWATER
Water supply and wastewater disposal are proposed to be provided by the Battlement
Mesa Metropolitan District (BMMD). The infrastructure design must meet BMMD
standards and compliance with such will be required at final plat.
SOILS/GEOLOGY
The site may have expansive soils requiring site specific geotechnical studies for
buildings. No significant geologic issues are anticipated.
DRAINAGE
There are no major drainage issues anticipated for this site.
TRAFFIC/ROADS
Concerns have been raised on past projects about significant traffic in Battlement Mesa
and adequacy of design and location of internal access road intersections. It is
recommended that applicant address their design basis in the preliminary plan submittal.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE ENGII ERING, INC.
Michael J. Erio
Water Resour
e
P.E.
Engineer
MJE/mmm
885-48.0
E:\Client\885\48.0\rw valley view commons lot 47 885.doc
Consulting Engineer's and Hydrologists
909 Colorado Avenue ■ Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-11 37
■7■■■RE Sin URC E
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■ ■■■■ E N G I N E E R I N G INC.
Mr. Richard Wheeler
Garfield County Building and Planning Department
108 Eighth Street, Suite 401
Glenwood Springs CO 81601
RE: Panorama Reserve Subdivision Sketch Plan
Dear Richard:
March 3, 2006
At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has
reviewed the sketch plan for the proposed Panorama Reserve Subdivision. The
submittal was prepared by Palomino Barth Architects, P.C. dated December 15, 2005.
Our comments on technical items are presented below.
WATER RIGHTS AND WATER SUPPLY
The water supply for the three single family residential lots is proposed from an existing
well on the property. Well Permit No. 91058 was issued for the well as the only well on a
tract of 35 or more acres. The applicant should confirm with the Division of Water
Resources that the existing permit is valid for the subdivision of land into 3 separate
parcels and provide evidence of such at preliminary plan.
The water distribution infrastructure design to serve all three lots must be included in the
preliminary plan submittal and meet the requirements of the GARCO subdivision
regulations. It appears that irrigation water rights are currently used on the property.
The applicant should indicate how these rights are to be owned and used within the
project.
WASTEWATER
The large lots should be adequate for ISDS. Applicant must demonstrate suitability of
site soils for ISDS at preliminary plan.
DRAINAGE
No special issues with drainage are anticipated.
SOILS/GEOLOGY
No specific issues or comments for Sketch Plan.
TRAFFIC/ROAD
The common access/driveway must be designed in accordance with GARCO minimum
standards including a 30 foot right-of-way.
Consulting Engineers and Hydrologists
909 Colorado Avenue ■ Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137
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Mr. Richard Wheeler
Page 2
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE ENGINEERING, INC.
Michael J. E on, P.E.
Water Resource Engineer
MJE/mmm
885-46.0
E:\Client\885\46.0\rw panorama reserve sketch plan 885.doc
March 3, 2006
RESOURCE
NGINEERING INC
