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HomeMy WebLinkAbout1.0 Application, Pre-App, Project Description, Payment Agreement FormiV)[TJRID JW.IFkCir RJRVI[JRW IR1cDR STcORAcGIE IA]RJICAnllhllcDN FACUJJ4IITY ndludIlng Rcqnet for SnhdbzskDi Flat Amendment) PROPERTY: Limited Impact Review/Plat Amendment 12744 Highway 82, Carbondale, Colorado 81623 Parcel C, DIXON SUBDIVISION AMENDED PLAT, according to the plat thereof recorded May 17, 1996 as Reception No. 493122, less that portion described in Order and Decree Quieting Title recorded August 4, 2003, in Book 1501 at Page 322, as Reception No. 633266 Parcel ID No. 23 93 -274-01-004 and, Plat Amendment Lot A, Amended Final Plat of Lot A of the Dixon Subdivision, according to the Plat thereof recorded January 12, 2004 as Reception No. 644474, and Dixon Subdivision Third Amended Plat of Lot A, recorded December 23, 2015, as Reception No. 871742. Parcel ID No. 23 93 -274-01-003 Parcel D, Dixon Subdivision Amended Plat, according to the Plat thereof recorded May 17, 1996 as Reception No. 493122, Garfield County, Colorado. Parcel ID No. 23 93 -274-01-002 PROPERTY OWNERS: REPRESENTATIVE: Hipa Hipa LLC Richard Y. Neiley, Jr. c/o Glenn Loper, Manager Neiley Law Firm, LLC 307 AABC, Suite K 6800 Highway 82, Suite 1 Aspen, CO 81611 Glenwood Springs, CO 81601 (970) 948-1122 (970) 928-9393 groundskeepers@icloud.com aspenlaw@neileylaw.com APPLICANT: Baltic, LLC 312 AABC Suite D Aspen, CO 81611 (970) 920-1280 LIMITED IMPACT REVIEW FOR A MARBLE STORAGE AND FABRICATION FACILITY (Including Request for Subdivision Plat Amendment) TABLE OF CONTENTS Pre -Application Conference Summary 1 Application Form 7 Introduction 9 Project Description — 4.203.B 10 Proposed facilities architectural renderings 10 Ownership Information — 4.203.B.2 13 Property Owners Within 200' — 4.203.B 13 Mineral Interest Owners — 4.203.B 13 Adjacent Property Owners Map — 4.203.B 13 Vicinity Map — 4.203.0 14 Site Plan — 4.203.D 14 Grading and Drainage Plan — 4.203.E 14 Landscape Plan — 4.203.F 14 Impact Analysis — 4.203.G 14 Traffic Study/Permit — 4.203.L 16 Water Supply and Distnbution Plan — 4.203.M 16 Wastewater Management and System Plan — 4.203.N 16 Article 7, Division 1. General Approval Standards 7-101 Zone District Use Regulations 16 7-102 Comprehensive Plan and Intergovernmental Agreements 17 7-103 Compatibility 18 7-104 Source of Water 18 7-105 Central Water Distribution and Wastewater Systems 18 7-106 Public Utilities 18 7-107 Access and Roadways 19 7-108 Use of Land Subject to Natural Hazards .. 19 7-109 Fire Protection 19 Article 7, Division 2 General Resource Protection Standards 7-201 Agricultural Lands 19 7-202 Wildlife Habitat Areas 7-203 Protection of Waterbodies 7-204 Drainage and Erosion 7-205 Environmental Quality 7-206 Wildlife Hazards 7-207 Natural and Geologic Hazards 7-208 Reclamation Article 7, Division 3. Site Planning and Development Standards 19 19 20 20 20 20 21 7-301 Compatible Design 21 7-302 Off -Street Parking and Loading Standards 21 7-303 Landscaping Standards 21 7 304 Lighting Standards . 21 7-305 Snow Storage Standards . 22 7-306 Trail and Walkway Standards 22 Article 7, Division 10. Additional Standards for Industrial Use 7-1001 Industrial Use Standards 22 Article 4, Section 4-118 Request for Waiver of Standards 23 Article 5, Section 5-305 Amended Final Plat Review 24 Exhibits 1. Authorization to Represent 25 2. Certification of Ownership/Title Commitment .. 28 3. Property owners within 200 /Adjacent Property Owners Map 45 4. Vicinity Map 48 5. Existing Conditions Photos 50 6. Traffic Study/Permit 54 7. Sopris Engineering Report with attachments 78 7a. Wright Water Engineers Water Report 86 7b. H.P. Kumar Subsoil Study 120 8 Legal Opinion regarding water source . 142 9 Landscape Plan 147 10. Site Plan 158 11. Grading and Drainage Plan . 159 12. Existing Conditions Improvement Survey Plat 160 13. Proposed Second Amended Plat of Dixon Subdivision .. 161 Garfield County Community Development Department 108 8`h Street Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TX'FiiPPLICA1C31 s _ ❑ Administrative Review ■ Development in 100-Year Floodplain Limited Impact Review ■ Development in 100-Year Floodplain Variance ■ Code Text Amendment ❑ Major Impact Review ❑ Rezoning ❑ Amendments to an Approved LUCP ■ LIR ■ MIR ■ SUP ■ Zone District ■ PUD ■ PUD Amendment ■ Minor Temporary Housing Facility ■ Administrative Interpretation ❑ Vacation of a County Road/Public ROW ■ Appeal of Administrative Interpretation ❑ Location and Extent Review ■ Areas and Activities of State Interest ❑ Comprehensive Plan Amendment ■ Accommodation Pursuant to Fair Housing Act 0 Variance ❑ Pipeline Development ❑ Time Extension type (also check of original application) �N� J.UE P R7'1 r.. . �.. Owner/Applicant Baltic LLC 920-1280 Name. Phone: (970 ) 312 AABC, Suite D Mailing Address: Aspen CO 81611 City: State: Zip Code: aspenstarwood@gmail.com E-mail: Representative (Authorization Required) Richard Y. Neiley, Jr., Neiley Law Firm 925-9393 Name: Phone: (970 ) 6800 Highway 82, Suite 1 Mailing Address: Glenwood Springs CO 81601 City: State: zip code: aspenlaw@neileylaw.com E-mail: _ Project See attached Name: 2 3 9 3+_ 2 7 4 0 1 0 0 4 Assessor's Parcel Number: 12744 Highway 82, Carbondale, CO 81623 Physical/Street Address: Section 27, Township 7, Range 88, Dixon Subdivision and Plat, Lot A, Legal Description: Third Amended Plat Lot A Reception No. 871742, Parcel C D, of and Reception No. 493122. Zone District: Rural 2 79/4 92 Property Size (acres): PROJECT [?EGRPT11 . . Existing Use: Landscape storage yard, previously part of Planted Earth Nursery, Proposed Description configured on Use of a lot (From Project: anticipated Use Marble Table 3-403): Production Shop/Facility to be located on Parcel C of the Dixon Subdivision. The facility will be to be less than 5 acres in size with two storage/fabrication buildings totaling approximately 30,000 sq.ft. in size. The facility would store and fabricate marble for counter tops, wall slabs and similar features. Raw materials would be delivered to the facility and then products transported to sites for fabrication and installation. There will be no retail sales at the site. Contractor services associated with storage, delivery and installation will be provided. Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-1001.A - Industrial Use Section: Section: Section: I have r' ad the statements above and have provided the required attached information which is corr4 t d accurate to the best of my knowledge. Signature of Proper y Owner ALAvet(I 6fc�� akkOyCtV -(ec ' C � File Number: 5/22/20 Date Fee Paid: $ Garfield County Community Development Department 108 8f'' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.gatlield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-274-01-004 DATE: 1019/19 (updated 10/28/19) APPLICATION/PROPOSAL: Marble Production Shop/Facility with Contractor Services CURRENT OWNER: HIPA HIPA LLC CONTACT/REPRESENTATIVE: Rick Neiley PRACTICAL LOCATION: 12744 Hwy. 82, Carbondale, CO 81623. The property is located in Section 27, T7S, R88W and is just northeast of the Town of Carbondale on the north side of Highway 82. TYPE OF APPLICATION: Limited Impact Review for Processing Administrative Impact Review for Small Contractor's Yard ZONING: Rural 1. GENERAL PROJECT DESCRIPTION The Application proposal is for a Marble Production Shop/Facility to be located on Parcel D of the Dixon Subdivision Exemption. The facility would be configured on a lot anticipated to be less than 5 acres in size with a production building approximately 20,000 — 25,000 sq,ft. in size. The facility would process/produce marble for counter tops, wall slabs and similar features. Raw materials would be delivered to the facility and then finished products transported to sites for installation. There will be no retail sales at the site. Contractor services associated with delivery and installation will be provided. The Applicant's Representative described the intent to minimize visual impacts through architectural features and limited lighting. The Application will be required to comply with Section 7-1001 Standards for Industrial Uses. As the site is located within what has been determined to be a Residential Subdivision and Industrial Use are not permitted in Residential Subdivisions per Section 7- Page 001 1001, a waiver from that provision would need to be requested. Compliance with the Rural Zone District Maximum Lot Coverage of 15% shall be required for building footprints. Lot coverage does not include parking and circulation areas. In addition, the Comprehensive Plan Designations for the site are for residential uses, Comprehensive Plan compliance would also need to be addressed in the submittals. The Applicant's Representative inquired about a Comprehensive Plan Amendment which could also be applied for. The two applications can be processed simultaneously and typically would be heard by the Board of County Commissioners at a public hearing consistent with the Limited Impact Review requirements. If the final designs for the proposal expand to include other lots/acreage that exceed 5 acres in size for the contractor's yard, it would trigger a Large Contractor's Yard designation that would require a Major Impact Review Land Use Change Permit and an updated pre -application summary would be needed. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended. • Garfield County Land Use and Development Code as amended. • Rural Zone District - Use Table (Table 3-403). • Rural Zone District - Lot/Building Requirements (Table 3-201) • Review Process (Section 4-104) and Procedures (Section 4-1.01). • Table 4-102 Common Review Procedures and Required Notice. • Application Materials (Table 4-201 and Section 4-203). • Waivers, Section 4-118 (Standards) and Section 4-202 (Submittal Requirements). • Article 7, Standards — Division 1, 2 & 3 as applicable. • Section 7-1001 — Industrial Use Standards • Article 15, Definitions — Processing and Small Contractors Yard III. REVIEW PROCESS The Application will follow the Limited Impact Review Process contained in Sections 4-101 and 4-104 and in Table 4-102 (see attached flow chart) and summarized below: • Pre -application Conference • Submittal of Application (3 hard copies plus one digital PDF copy on CD or USB Stick) • Determination of Completeness, if Technically Complete the Applicant will be notified and the request scheduled for a public hearing before the Board of County Commissioners. If it is not technically complete the Applicant will be advised of the deficiencies and has 60 days to complete the application. • Once determined to be complete, the Application is sent out to referral agencies. • A Public hearing before the Board of County Commissioners is scheduled. • Four additional hardcopies of the Application are provided for the Board of County Commissioners review. Page 002 • Applicant completes public notice for the public hearing (mailing, posting, and publication) a minimum of 30 days prior to the hearing. • Staff prepares a report including public and referral comments • Review and Action by the Board of County Commissioners at the public hearing. • The Commissioners action is formalized by a resolution. • If approved with conditions the Applicant must meet the conditions prior to issuance of the Land Use Change Permit. • The Applicant has one year to meet all conditions of approval. IV. SUBMITTAL REQUIREMENTS Application submittal requirements are detailed in Table 4-201, and Section 4-203, Description of Submittal Requirements. Please use the summary provided below as a supplemental check list. rl II u 11 ❑ on proposed location of the structures, and significant including but not limited to topography, easements, utilities, ditches, access roads/driveways, wells, existing and proposed waste water treatment systems (OVVTS). D Grading and drainage Plans. Given the amount of impervious surface associated with the proposal, preliminary plans or engineering reports on grading and drainage are needed. Information on any retaining walls, detention facilities and related features needs to be provided. ❑ Landscaping Plans • Impact Analysis. This section includes information on a variety of potential impacts including but not limited to hours of operation and mitigation for any nuisance impacts such as noise and lighting. Potential waivers regarding sections on environmental impacts on wildlife habitat may requested, Please contact the staff planner for additional information on available resources and potential waiver requests. General Application Materials (application forms, agreement to pay form, Statement of Authority for Trusts, corporations or LLC's, authorization to represent, and payment of fees). Evidence of ownership such as a deed for the property and title work if available. Narrative description of the proposal. List of property owners within 200 feet and any mineral rights owners on the property. A statement on how mineral owners were researched is required and/or a mineral rights research statement provided (see attached). Vicinity Map (including the area generally within 3 miles of the site). Site plan with information facilities, other existing features on the property Application Submittal 3 Hai el Copies 1 Digital PDF Copy Con CD or USB stick) Both the paper and the riigisal ropy should he split into individual sections. Please refer to tire list included in your pre -application Conference stummary for the submittal requirements that are appropriate for your application: • General Application Materials • vicinity Map • Site Plan • Grading and Drainace Plan • Landscape Plan • Impact Analysis • Traffic, Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards be Page 003 ❑ Legal access, physical access, and compliance with Roadway Standards Table 7-107. Demonstration of adequacy of the roadway and compliance with Roadway standards must be submitted. Waivers from roadway standards may be requested in accordance with the attached roadway waiver policy. A copy of any existing CDOT access permits should also be provided or the status of any upgrades or amended permits provided. I Traffic Study: The Traffic study needs to address Highway 82 impacts and access issues. ❑ Water Supply Plan and supporting documentation including well permits, pump testing, and water quality testing. A waiver to delay submittal of some documentation to be addressed as conditions of approval may be requested. ❑ Wastewater treatment plans and supporting documentation. Needs to include information on the proposed OWTS, permitting and capacity for the proposal uses. ❑ Information to address applicable sections of Article 7, Divisions 1, 2, and 3, needs to be provided. Application formatting that addresses each section of Article 7 are recommended. ❑ Significant Article 7 Standards for this project are anticipated to include: zoning compliance, comprehensive plan compliance, compatibility, natural hazards, slopes, drainage and erosion, fire protection, lighting, parking, access, signage, water and sanitation and Section 7-1001 Industrial Use Standards and setbacks. In addition, the irrigation ditch easement on the site is noted as a significant issue. ❑ It is recommended that the Applicant contact the Carbondale Fire Protection District on potential fire protection requirements, CDOT on access permit requirements, and the Garfield County Building Department on estimates of traffic impact fees prior to submittal. ❑ Zoning Compliance including maximum lot coverage. ❑ Parking requirements and internal circulation needs to be addressed in the site plan submittals. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy on a CD or USB Stick. Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. Any request for a waiver from standards shall be processed pursuant to Section 4-118 of the Land Use and Development Code. Submittal waiver requests should be consistent with the Pre -Application summary, and Section 4-202. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Director's Decision (with notice — not a public hearing) Planning Commission X Board of County Commissioners Board of Adjustment Page 004 c. Referral Agencies: May include but are not limited to County Attorney, County "Building Department, Carbondale Fire Protection District, CDOT, Division of Water Resources, Town of Carbondale, County Road and Bridge, County Vegetation Manager, County Environmental Health, County Consulting Engineer. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250 (Administrative Review Application fee) $ 400 (Limited Impact Review Application fee) b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 650 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared bv: 73z/- Glenn Hartmann Date Principal Planner Page 005 8, Section 4-104 Limited Impact Approximately 3 months if submittal is complete Garfield County Limited Impact Review Process (Section 4-104) Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal 5te-ii _i: Curripleterieas ftevirty • 20 business days to review •If incomplete, 60 days to tamely deficiencies Step LI: Schedule Hearing and Provide Notice • Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to BOCC public hearing Step 5: Referral •21 day comment period Step 6: Evolution by Director Step f: Ut}L:_ Decision *Applicant has 1 year to meet any conditions of approval Page 006 APPLICATION FOR LIMITED IMPACT REVIEW (Including Request for Subdivision Plat Amendment) I. INTRODUCTION Applicant, Baltic, LLC, the contract purchaser of 12744 Highway 82, Carbondale, CO seeks Limited Impact Review approval pursuant to Section 4-104, Limited Impact Review, and Section 7-1001 Standards for Industrial Uses, of the Garfield County Land Use Code. In order to accommodate the proposed storage and fabrication uses on Parcel C, Dixon Subdivision, the Applicant also proposes an amendment to the final Plat of the Dixon Subdivision. The Application is submitting with this Application consent and approval of the property owner, Hipa Hipa LLC and the applicant, Baltic, LLC (Exhibit 1). The undersigned has been appointed as the authorized representative of the property owner for the purposes of processing this Application as evidenced by Exhibit 1. Proof of ownership is appended hereto as Exhibit 2, comprised of Applicant's attorney's Certification of Ownership and the Title Commitment for the property. While the proposal set forth in this Application relates specifically to Parcel C, the Applicant has also contracted to purchase Lot A and Parcel D of the Dixon Subdivision which are contiguous to Parcel C. Upon approval of the Subdivision Plat Amendment requested herein, Parcel C will be comprised of 4.92 acres, Lot A will be comprised of 2.0 acres and Parcel D will be comprised of 2.69 acres. The Plat Amendment is necessary to accommodate the Applicant's commercial use of Parcel C. It is the Applicant's intention to utilize Lot A and Parcel D for residential purposes only, either as single family or duplex lots, and to remove all commercial uses from those properties. While Lot A and Parcel D are not a part of the Limited Impact Review for Parcel C, as a condition of amended final plat approval, the Applicant is willing to accept a condition restricting the use of those lots to residential. The Dixon Subdivision was initially approved on June 12, 1979 by Resolution of the Garfield County Commissioners. The Subdivision Plat has been amended several times since the initial approval. The current configuration of Parcel C is depicted on the Dixon Subdivision Amended Plat recorded May 17, 1996 as Reception No. 493122. The Amended Plat shows Parcel C comprised of 2.923 acres. However, because of boundary disputes that resulted in a Quiet Title action in one instance and a boundary adjustment with the Colorado Department of Transportation in another instance, the current size of Parcel C is 2.68 acres as depicted on the Improvement Survey Plat appended hereto as Exhibit 12. The Applicant proposes to reconfigure Parcel C, Lot A and Parcel D as depicted on the draft Second Amended Plat of Dixon Subdivision appended hereto as Exhibit 13. Approval of this Plat will not create any new lots, will establish a 50 foot road access easement, as required by Garfield County Land Use Code, will result in all 3 lots conforming to Zone District minimum lot size, and will remove commercial uses from Lot A and Parcel D. Page 1 of 16 Page 009 II. PROJECT DESCRIPTION 4-203.8 The Applicant seeks approval for development of the storage/fabrication facility for the continued use of Parcel C for commercial purposes. The Applicant proposes a marble storage and fabrication facility comprised of two buildings totaling approximately 30,000 sq. ft. The proposed buildings are single story with a maximum height not exceeding 25 feet. The buildings will be located entirely within the currently disturbed and substantially level area previously utilized by Planted Earth as a landscape yard and equipment storage area. Existing retaining walls to the north of the site will remain in place. Access would continue to be taken on the west side of the site. As discussed in the Traffic Study prepared by Sopris Engineering appended hereto as Exhibit 6, traffic in and out of the site would be substantially reduced compared to the historic uses of the site. The Colorado Department of Transportation issued an Access Permit for a previous proposed use for the site. As discussed in the Sopris Engineering report, the current proposed use of the access would result in a significant reduction of traffic compared to the permitted uses. The design of the proposed structures, as depicted below, is intended to create low impact, harmonizing facilities that compliment surrounding architecture and present no negative impacts to surrounding properties. All storage and fabrication will occur within the buildings, which include relatively small areas for office use. Adequate parking is proposed. The Applicant intends to retain existing vegetation to the greatest extent possible and add accent landscaping between Highway 82 and the buildings to create an aesthetically pleasing view plane. All water, waste water, drainage and utility demands for the site can be accommodate on site without any negative impacts on adjoining properties or the public. III. PROPOSED FACILITIES ARCHITECTURAL RENDERINGS Set forth below are a series of renderings prepared by the AppIicant's architectural group that depict the design and character of the proposed buildings. A detailed site plan is appended hereto as Exhibit 10 that locates the buildings, parking, access and related features. Page 2of16 Page 010 Page 3 of 16 Page 011 Page 4of16 Page 012 IV. OWNERSHIP INFORMATION 4-203.B.2 Ownership information as required by the Land Use Code is set forth in Exhibit 2, appended hereto. V. PROPERTY OWNERS WITHIN 200' 4-203.B The names and addresses of all property owners within 200 feet and an adjacent property owner map are appended hereto as Exhibit 3. VI. MINERAL INTEREST OWNERS 4-203.B There are no mineral interest reservations encumbering the subject real property as evidenced by the Certification of Ownership and Title Commitment appended as Exhibit 2. VII. ADJACENT PROPERTY OWNERS MAP 4-203.B Page 5 of 16 Page 013 The adjacent property owners' map is appended hereto as Exhibit 3. VIII. VICINTY MAP 4-203.0 The subject property is located on the north side of Colorado State Highway 82 approximately 1 mile east of the intersection with Colorado State Highway 133 as depicted on Exhibit 4 appended hereto. IX. SITE PLAN 4-203.D A Site Plan prepared by Z Group Architects has been included as Exhibit 10 to this Application. The Site Plan depicts all elements of the proposed development required by the Land Use Code. X. GRADING AND DRAINAGE PLAN - 4-203.E A Grading and Drainage Plan has been prepared by Sopris Engineering and is included as Exhibit 11 to this Application. Drainage and Erosion Control have been addressed in the Engineering Report prepared by Sopris Engineering which is included as Exhibit 7 to this Application. XI. LANDSCAPE PLAN - 4-203.F A Landscape Plan has been included as Exhibit 9 to this Application. XII. IMPACT ANALYSIS - 4-203.G 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500 foot radius. The neighboring properties to the west and north have historically been used as a commercial nursery and garden center. Upon approval of this Application, the Applicant proposes to restrict those parcels to residential uses only. Properties to the west along Highway 82 are residential. The property to the east is agriculture and residential. The site plan depicts 100' setbacks from all properties with residential uses. The adjacent properties to the south of Highway 82 are all residential and agricultural. Just beyond the 1,500 foot radius of the subject real property, on the Ryobi property, is a reclaimed gravel pit, out of which a concrete batch plant continues to operate. See attached map for Adjacent Land Owners, Exhibit 3. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Page 6 of 16 Page 014 There is no extreme topography within the proposed development site. Very little native vegetation exists within the proposed development arca, which has previously been used as a landscape and equipment storage yard. None of the land is subject to flooding, high ground water or other adverse characteristics. The site can be developed with little required regrading except to accommodate necessary drainage. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land A Subsoil Study has been provided by H-P Kumar and is included as an appendix to the Sopris Engineering report at Exhibit 7 to this Application. 4. Geology and Hazard. A description of geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. No identifiable natural or manmade hazards exist on the proposed site. A Subsoil Study has been provided by H-P Kumar and is included as an appendix to the Sopris Engineering report at Exhibit 7 to this Application. S. Groundwater and Aquifer Recharge Area. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. The proposed site is not within any floodplain and is not impacted by stream flows or ground water. A Subsoil Study has been provided by H-P Kumar and is included as an appendix to the Sopris Engineering report at Exhibit 7 to this Application. 6. Environmental impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions. No outside processing of materials will occur on site. Vehicle trips for the proposed storage and fabrication facility will be minimal and the parking area will paved to eliminate dust. No hazardous materials will be used or discharged into water from the proposed use. An onsite wastewater treatment system will process waste water from the restroom facilities. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration or other emanations. The Applicant will use non reflective natural building materials to eliminate glare and will follow Garfield County lighting standards to minimize impacts of exterior lighting en the surrounding neighborhood. No dust, vapor, smoke, or noise will be created with this storage and fabrication facility as all activity will be contained inside the building. Page 7 of 16 Page 015 8. Hours of Operation. The Applicant shall submit information on the hours of operation of the proposed use. The facility will be open from 7:00 am until 7:00 pm Monday through Saturday. However, no retail operation is proposed and, as discussed in the Traffic Study appended at Exhibit 6, traffic impacts will be minimal. XIII. TRAFFIC STUDY - 4-203 ,L A Traffic Analysis has been completed by Sopris Engineering and is included as Exhibit 6 to this Application. Peak Hour vehicle trips were estimated for the proposed development based on a conceptual site plan depicting a 30,000 square foot storage/fabrication building and taking into consideration residential uses of Lot A and Parcel D. The existing Dixon Subdivision has direct access to Highway 82. Based on anticipated vehicle trips for the proposed development, the use will significantly decrease traffic on Highway 82 compared to the existing conditions and current access permit. XIV. WATER SUPPLY AND DISTRIBUTION PLAN - 4-203.M The existing property is served by the Tepoel Well located on Parcel A of the Dixon Subdivision. A Water Supply Evaluation from Wright Water Engineering regarding the physical supply and water quality analysis is appended to the Sopris Engineering report and has been included in Exhibit 7 to this Application. A Legal Opinion regarding the availability of the water source is appended hereto as Exhibit 8. XV. WASTEWATER MANAGEMENT AND SYSTEM PLAN - 4-203.N Based on existing conditions and the soils report prepared by HP Kumar, the installation of a site specific Onsite Wastewater treatment system to serve the proposed development is feasible, is anticipated to be located on the east side of the development, and will meet County minimum setback requirements. Sopris Engineering will prepare a detailed OWTS design at the time of building permit application. Division 1. General Approval Standards XVI. 7-101. ZONE DISTRICT USE REGULATIONS The property is zoned Rural and requires a Land Use Change Permit via Limited Impact Review for the proposed marble storage/fabrication facility use. The proposed use will comply with the 40' non-residential height limit, the 10' sideyard setback, the 25' front yard setback, the 50' Highway 82 setback, and the 100' setback from residential property lines. This Application proposes a 15% lot coverage maximum for the proposed uses. Page 8 of 16 Page 016 XVII. 7.102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS The commercial land use of this parcel was in place prior to the Comprehensive Plan 2030 adopted in 2010. Though the Plan was developed to "provide a general statement of direction for land use" the existing commercial use was not recognized in this plan. The following Plan Elements have been addressed to help understand the use of this parcel. Plan Element Goals from the Garfield County Comprehensive Plan: Housing: No housing is proposed as part of this Application. However, the Applicant does propose to remove commercial uses from Lot A and Parcel D, limit those parcels to single family or duplex structures, thereby reducing commercial impacts on surrounding properties and enhancing housing opportunities. Transportation: While no specific transportation related enhancements are proposed, other than access improvements at the intersection of the access road with Highway 82, the reduction in commercial activity resulting from development of Parcel C and restrictions on Lot A and Parcel D to residential use will reduce traffic impacts. The proposed use for this property will not create a significant need for public transportation as the activity will utilize minimal site employees. The parcel is on the Highway 82 corridor and has access to public transit services. Recreation, Open Space, and Trails: This property does not contain public access to trails and does not propose dedicated open space. However, removal of commercial activities from Lot A and Parcel D will minimize impacts on surrounding recreational and open space properties. Economic Opportunity: This parcel has historically been used for a commercial greenhouse, nursery and retail operation for the past 35 years. The proposed use will continue this opportunity but reduce adverse impacts and maintain a strong and diverse economic base with a viable commercial use that meets the needs of Garfield County residents. It is unlikely that any development of the subject property would be solely residential, as the impacts from Highway 82 are significant on the development site on Parcel C. Continued commercial use of that parcel in conjunction with residential use of Lot A and Parcel D will establish a desirable mix of economic opportunities. Agriculture: No agriculture activities currently exist on the subject property. No agricultural activities on adjoining properties will be negatively impacted by the proposed use on this site. Water and Sewer Services: Baltic, LLC will utilize the existing well onsite with a commercial well permit for its water use. The Applicant has provided reports on the legal and physical water supply for the proposed use. An engineered OWTS will be designed for the proposed facility at building permit application as part of the engineering plans to be prepared by Sopris Engineering. Page 9 of 16 Page 017 Natural Resources:. Very little natural vegetation and no natural waterbodies exist on the parcel. No offsite natural water bodies or vegetation will be negatively impacted by the proposed facility use. A Landscape Plan is provided to illustrate proposed plant materials for the facility. Mineral Extraction: No mineral extraction project is proposed with this Application. XVIII. 7-103. COMPATIBILITY The proposed marble storage/fabrication facility is located on a previous nursery and equipment storage yard that has also been utilized to store vehicles and landscape materials related to the Planted Earth business that has occupied this site for the past 35 years. Historically, Planted Earth has utilized the parcel to the north of the proposed facility as an equipment yard, and the parcel to the west has contained a retail center, retail nursery, greenhouse, and shade structures. These two parcels, Lot A and Parcel D are proposed to be used for only residential purposes with the removal of all commercial activities and structures. The parcel to the east is a large ranch with defined building envelopes for residential, art center/museum, and ranch headquarters uses. The proposed facility is set back 100' from all residential property lines of adjacent properties. The proposed facility is located below four residences to the north/northwest that share access to Highway 82 and below the Ryobi Foundation ranch parcel to the east. Generally, the facility will be located well below the residential developed areas of those parcels and will have a low profile consistent with the permitted height for residential structures. The proposed facility existing grade is located 82' — 206' below the existing grade of neighboring structures and 532' — 2,325' horizontally from them. XIX. 7-104. SOURCE OF WATER Water for the project will be from the existing permitted well. See section 4-203.M and Exhibit 7 and 8. XX. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS See section 4-203.N and Exhibits 7 and 8. XXI. 7-106. PUBLIC UTILITIES Sopris Engineering has provided an Engineering Report and an Utility Plan that is included in Exhibit 7 to this Application. Page 10 of 16 Page 018 XXII. 7-107. ACCESS AND ROADWAYS The existing Dixon Subdivision has direct access to Highway 82. The original Dixon Subdivision access likely predates the CDOT's Access Code of 1981 and is therefore a "grandfathered access." The proposed development is not anticipated to trigger any improvements to Highway 82. A Traffic Analysis has been prepared by Sopris Engineering and is included as Exhibit 6 to this Application, and the existing access permit is included in that Exhibit. XXIII. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS No extreme topography or natural hazards and very little native vegetation exists within the proposed development area, which has previously been used as a landscape and equipment storage yard with very little vegetative cover. XXIV. 7-109. FIRE PROTECTION Per the Colorado Wildfire Risk Assessment, the site has a low fire intensity rating. The Applicant will maintain vegetation control on the property to minimize any potential impacts from wildfire following State Forest Service guidelines for defensible space. The Owner's representative met with Carbondale and Rural Fire Protection District on June 15, 2018 to discuss emergency vehicle ingress/egress as well as fire protection requirements. See the Sopris Engineering's report with respect to the Applicant's proposal for underground water storage facilities and internal sprinkler systems to provide fire protection for the proposed buildings. Division 2. General Resource Protection Standards. XXV. 7-201. AGRICULTURAL LANDS No agricultural operation currently exist on the proposed development parcel and no other agricultural operations will be negatively impacted by the proposed facility. XXVI. 7-202. WILDLIFE HABITAT AREAS The development site is not located within any mapped critical wildlife habitat areas. There will be no impact on native vegetation from the proposed development. This parcel has been nearly devoid of native vegetation as a consequence of previous disturbance and use as a landscape and equipment storage yard. XXVII. 7-203. PROTECTION OF WATERBODIES No waterbodies exist on the proposed development parcel and no nearby waterbodies will be negatively impacted by the proposed facility. Page 11 of 16 Page 019 XXVIII. 7-204. DRAINAGE AND EROSION A Grading and Drainage Plan has been prepared by Sopris Engineering and is included as Exhibit 11 to this Application. Drainage and erosion control has also been addressed in an Engineering report prepared by Sopris Engineering, which is included as Exhibit 7 to this Application. XXIX. 7-205. ENVIRONMENTAL QUALITY No outside processing of materials will occur on site. Vehicle trips for the proposed facility will be minimal and the parking area will paved to eliminate dust. No hazardous materials will be used or discharged into water from the proposed use. On site wastewater treatment system will process any waste water from the facility. XXX. 7-206. WILDFIRE HAZARDS Per the following 2012 Colorado Wildfire Risk Assessment, the site has a low fire intensity rating. The Applicant agrees to maintain vegetation control on the property to minimize any potential impacts from wildfire following State Forest Service guidelines for defensible space and to provide fire protection water storage and fire protection sprinkling of the buildings. Fire Intensity Scale • V41 o*th l Mo Warr by cram. W IR inhale. Repbd Geaw& 96.1940182S1 PM Cal°rade Wildfire Risk Asaesament 2012 xemzscisukcakikvnivxm Fire Intensity Scale LONr05! tMt1 J1y ® Mad.raSe NWnfisy ■ ■ NiljhlAt,( mlly 9.r.....w r..rmin .ewfFywTry.. 1.r11.r*Ir rOWOWW r..h+WE.Wspaws alr.y'•.tr.y...nw n. Iw.. Wars i Pesa\raw We W ..11.rirre .ern. rerrrr.r.M..4.wrwarhr ▪ Waal r#•pre,.pram in es wry rlerrarrMfn.Rfr.rw P. iOWr* ow, Murc.r+e rarer Y..4w..*vawwww wwww ram lay aid Wm.. IN. 4.* XXXI. 7-207. NATURAL AND GEOLOGIC HAZARDS There are no natural or geologic hazards identified on site. See the Subsoil Study provided by HP -Kumar appended to the Sopris Engineering report included as Exhibit 7 to this Application. Page 12 of 16 Page 020 XXXII. 7-208. RECLAMATION This Land Use Code section is not applicable to the Application. Division 3. Site Planning and Development Standards XXXIIL 7-301. COMPATIBLE DESIGN The proposed facility is located in a previous nursery and equipment storage yard that has also been utilized to store vehicles and landscape materials related to the Planted Earth business that has occupied this site for the past 35 years. Historically, Planted Earth has utilized the parcel to the north of the site as an equipment yard, and the parcel to the west has contained a retail center, retail nursery, greenhouse, and shade structures. Those commercial uses on Lot A and Parcel D will be eliminated and only residential uses will be permitted on those parcels. Thus, Parcel C will be the only remaining commercial parcel in the subdivision. The parcel to the east is a large ranch with defined building envelopes for residential, art center/museum, and ranch headquarters uses. The proposed facility is set back 100' from all residential property lines. The proposed facility is located below four residences to the north/northwest that share access to Highway 82 and below the Ryobi Foundation ranch parcel to the east. Generally, the facility will reside lower than the developed areas of these parcels. The facility existing grade of the proposed site sits 82' — 206' below the existing grade of neighboring structures and 532' — 2,325' horizontally from them. Because the Applicant proposes single story structures incorporating natural materials, the structures will be compatible with surrounding development. XXXIV. 7-302. OFF-STREET PARKING AND LOADING STANDARDS See the Site Plan appended as Exhibit 10 provided by Z Group Architects for parking layout and design. 1 space per 2,000 square feet of Floor Area is proposed for this facility per the parking standards for the proposed commercial use set forth in Table 7- 302.A.: Minimum Off -Street Parking Standards By Use in the Garfield County Land Use and Development Code. XXXV. 7-303. LANDSCAPING STANDARDS The Applicant intends to preserve the natural vegetation, particularly the trees, to the greatest extent possible. The Landscape Plan has been submitted as Exhibit 9 to this Application. XXXVI. 7-304. LIGHTING STANDARDS Page 13 of 16 Page 021 The Applicant will comply with the exterior lighting standards as required by the Garfield County Land use Code. The Applicant does not propose pedestal lighting or high intensity security lighting. All light fixtures on the proposed buildings will be down cast. There will be no lighting of trees or facades. XXXVII. 7-305. SNOW STORAGE STANDARDS The Applicant has areas sufficient to store snow without impacting off-street parking or public roadways. XXXVIII. 7-306. TRAIL AND WALKWAY STANDARDS No recreational or community facilities are applicable with this Application. Division 10. Additional Standards for Industrial Uses XXXIX. 7-1001. INDUSTRIAL USE STANDARDS A. Residential Subdivisions. This Application is not on property platted as a residential Subdivision. Notwithstanding, County Staff has determined the Dixon Subdivision to be a residential subdivision where industrial uses are prohibited. As discussed below, the Applicant has thoroughly investigated the original land use Resolution for the Subdivision approved in 1979 and all subsequent plat amendments and usages of the property. The Applicant does not agree that the Dixon Subdivision was proposed and approved as a residential subdivision. The Application has incorporated a request for waiver of standards below to address this issue. B. Setbacks. The proposed storage/fabrication facility has a 100' setback from all residential property lines, a 50' setback from Highway 82, a 25' setback from the front yard property line and a 10' setback from the side property lines. C. Concealing and Screening. The storage/fabrication facility will be comprised of two single story buildings. The Applicant intends to preserve all existing mature vegetation and trees, specifically those existing along the access road to the north of the proposed development site. In addition, the Landscape Plan depicts adequate mature vegetation on the south side to provide reasonable screening from Highway 82. Because the buildings are designed to incorporate natural materials, are low profile intended to take advantage of solar gain for lighting and heating purposes and are set back from Highway 82, the Applicant does not believe additional landscaping is mandated. Page 14 of 16 Page 022 D. Storage. No hazardous materials will be stored on the property. No storage will be visible from adjoining properties or Highway 82. E. Industrial Wastes. There will be no industrial waste generated or stored on the property. No flammable or explosive solids or gases and hazardous materials will be stored at this property. F. Noise. Noise levels will not exceed State noise standards, all activity will be contained within the enclosed storage/fabrication facility. No heavy equipment or machinery will be in use for this proposed use. G. Ground Vibration. There will be no ground vibration at any point of any boundary line of the property. No ground vibration will occur from this storage and fabrication facility use. H. Hours of Operation. The facility will be open from 7:00 am until 7:00 pm Monday through Saturday. I. Interference, Nuisance, or Hazard. The Applicant does not propose any use of items that will create glare, flaring of gases, reflective materials or other legal requirements for safety. REQUEST FOR WAIVER OF STANDARDS As noted above, County Staff has determined that the Dixon Subdivision is a residential subdivision where industrial uses are prohibited by 7-1001 of the Land Use Code. The Applicant disagrees with this characterization of the Dixon Subdivision but nonetheless requests a waiver of this standard. When the Dixon Subdivision was established in 1979, neither the Resolution approving the subdivision, the plats and the amendments to plats, nor any Land Use Regulation mandated only residential uses in the Zone District. Since approximately 1985, the subject property has been utilized as a retail nursery, landscape and equipment storage facility and a commercial landscape operation. The property has consistently been classified as commercial by the Garfield County Assessor. The Garfield County Land Use Regulations have an extremely broad definition of "industrial use" that encompasses virtually any commercial activity including storage, fabrication and small Page 15 of 16 Page 023 contractor's yards. Notwithstanding this definition, the proposed use of the subject property is not what one would typically consider an industrial use. The historic use of the property, itself, justifies the waiver as approval of the Application will result in fewer impacts from Parcel C, a complete cessation of retail activities and the restriction of Lot A and Parcel D from current commercial use to residential. The requested waiver minimizes impacts on adjacent residential properties, which appears to be the objective of the restriction of Section 7-1001. Not only will there no greater impacts on adjacent residential properties from approval of this waiver request, but impacts will actually be reduced. The Applicant respectfully requests a waiver of the limitation on industrial uses in residential subdivisions, to the extent that the County continues to characterize the Dixon Subdivision as solely residential in character. REQUEST FOR APPROVAL OF AMENDMENT TO SUBDIVISION PLAT As part of this Application, the Applicant seeks approval for an amended final plat for the Dixon Subdivision pursuant to Land Use Code Section 5-305. This Application complies with the review criteria. The plat amendment will not increase the number of lots. It will not result in the relocation of any road and will not create any new roads. It will increase the size of the access easement serving the subdivision to comply with County standards. While the plat amendment will not specifically address technical errors such as surveying or drafting errors, it is nonetheless necessary to address recent County interpretation of the maximum lot coverage in the Rural Zone District, which now limits the coverage to no more than 15% of the lot area. In addition, the Applicant is willing to place a condition for the uses applicable to Lot A and Parcel D removing commercial uses and limiting those uses to only residential. This constitutes a benefit to other owners in the Subdivision, surrounding property owners and the public. CONCLUSION The Applicant respectfully requests approval of the Limited Impact Review, Request for Waiver of Standards and Request for Approval of Amendment to the Dixon Subdivision Plat, as set forth above. Page 16 of 16 Page 024 Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101 et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means.' This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): X I own the entire mineral estate relative to the subject property; or ® Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name Mineral Owner Mailing Address of Mineral Owner of none I ackn LUDC. edge I reviewed C.R.S. § 24-65.5-101, et seg, and I am in compliance with said statue and the Applicant's Signatur, f,(?(L/pt(J 6, May 22, 2020 Date PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Baltic LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Hipa Hipa Limited Impact Review - see attached 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. hereby agree to pay all fees related to this application: Billing Contact Person: Richard Y. Neiley, Jr. Billing Contact Address: 8200 Highway 82, Suite 1 City: Glenwood Springs Billing Contact Email: aspenlaw©neileylaw.com Phone: (970 ) 928-9393 State: CO zip Code: 81601 Printed'hl me of Person Authorized to Sign: Richard Y. Neiley, Jr. ({(16----- i May 22, 2020 (Signature) (Date)