HomeMy WebLinkAbout1.00 Cover LetterGlenwood Springs Office
901 Grand Avenue, Suite 201
Glenwood Springs, Colorado 81601
Telephone (970) 947-1936
Facsimile (970) 947-1937
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
Nicole Garrimone-Campagna
ncampagna@garfieldhecht.com
Haley Carmer
hcarmer(ii garfieldhecht.com
July 16, 2020
VIA EMAIL AND DELIVERY
Garfield County Development Department
c/o Vince Hooper, Planner
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
RE: Rifle Real Estate Solutions I, LLC
Big R Commercial Park Lot 1 Minor Subdivision Application
Dear Mr. Hooper:
Rifle Real Estate Solutions I, LLC ("Applicant") hereby submits to Garfield County
("County") its application for minor subdivision ("Application") of Lot 1, Big R Commercial Park
Subdivision, according to the plat thereof recorded November 7, 2007, as Reception No. 736855, in the
Garfield County real property records (the "Property"). A pre -application meeting was held regarding
the Application on August 23, 2019. Following revised plans submitted by the Applicant, the Garfield
County Community Development Department provided an updated Pre -Application Conference
Summary on July 7, 2020. The purpose of this letter is to provide additional information regarding the
proposed subdivision and its compliance with the Garfield County Land Use and Development Code
("LUC").
The Property is one of the ten lots created by the Big R Commercial Park Subdivision plat ("Big
R Plat") when it was recorded in 2007. The Property is the largest of the ten lots and is adjacent to
Highway 6 & 24. It is subject to the Amended and Restated Declaration of Covenants, Conditions,
and Restrictions for Big R Commercial Park ("Declaration"). Pursuant to Article 14 of the
Declaration, Applicant has the right and ability to subdivide the Property.
As reflected in the Certification of Mineral Ownership Research, Applicant's attorneys have
identified three mineral owners related to the Property. The owners were found by reviewing the title
commitment submitted herewith, which lists several recorded instruments reserving mineral interests in
the Property. A grantor/grantee search was conducted for each instrument and carried forward to present
day to determine who currently owns the mineral interests identified in each instrument. Applicant's
attorneys also reviewed the Colorado Oil & Gas Commission records to determine whether a recorded
oil and gas lease is still in effect. Through those efforts, it appears that Rifle Ski Corporation, Big R
Enterprises, LLC, and the Olinger Living Trust are the only mineral interest owners of record.
Mr. Vince Hooper
July 16, 2020
Page 2 of 8
Applicant is proposing to subdivide the Property into two new lots. Six commercial buildings
are currently located on the Property, although one is only three -sided and has no plumbing. Those
buildings were in place when the Big R Plat was recorded and are currently rented to different tenants.
The configuration of the proposed subdivision takes into account the location (including setbacks),
utility, and access needs of the existing buildings. No change in use or new construction are proposed
as part of the Application. The new lots will remain subject to the Declaration and part of the Big R Lot
Owners Association.
Applicant believes that its Application satisfies the review criteria set forth in LUDC Section
5-301(C) as explained in Applicant's responses (in bold italics) below:
1. It complies with the requirements of the applicable zone district and this Code,
including Standards in Article 7, Divisions 1, 2, 3 and 4. See Appendix A
2. It is in general conformance with the Comprehensive Plan. See Appendix A
3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water
supply for each lot. A well -sharing agreement that will encumber Lots 1A and 1B is
provided as part of the Application documents. The well that is the subject of the well -
sharing agreement currently serves the needs of all six buildings located on the
Property and, through the well -sharing agreement, will continue to do so after
subdivision. Additionally, Applicant has tested the well to confirm the adequacy and
dependability of the well's production capacity. Easements for the existing, in place
water distribution facilities will be created in the well -sharing agreement. Future lot
owners will have the ability to utilize the new 20-foot wide private access and utility
easement if they desire to redesign the current system. The Application materials also
include a report from Applicant's water engineer, Resource Engineering, Inc., which
further explains the water demands of the proposed lots and the legal and physical
availability of water to meet the demands.
4. Satisfactory evidence of adequate and legal access has been provided. A 20-foot wide
private access and utility easement and emergency access easement (the
"Easement') is shown on the proposed final plat, which provides access to and from
each lot via Gemat Circle or Hwy 6 & 24. Gemat Circle (formerly Big R Road) was
dedicated to the County on the Big R Plat. As explained in the proposed Declaration
amendment included with the Application, the new driveway easement will be
maintained by the Association. The enclosed report by Resource Engineering, Inc.
provides details and information regarding access to the Property.
5. Any necessary easements including, but not limited to, drainage, irrigation, utility,
road, and water service have been obtained. All necessary new and pre-existing
easements are shown on the final plat. No off -site easements are needed for the
proposed subdivision.
6. The proposed subdivision has the ability to provide an adequate sewage disposal
system. All of the buildings with plumbing currently located on the Property are
connected to individual sewage disposal systems. The enclosed report by Resource
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Mr. Vince Hooper
July 16, 2020
Page 3 of 8
Engineering, Inc. provides details and information regarding the sufficiency of the
existing onsite wastewater treatment systems. The Declaration establishes
maintenance and other requirements regarding such systems that will apply to the
new lots going forward.
7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes,
rockfall and poor soils, shall be mitigated, to the extent practicable. There are no
identified hazards on the Property requiring mitigation.
8. Information on the estimated probable construction costs and proposed method of
financing for roads, water distribution systems, collection systems, storm drainage
facilities and other such utilities have been provided. No new road, water/wastewater,
storm drainage, or utilities are proposed as part of the Application or necessary to
process the proposed subdivision. Minor improvements to complete the Easement
connecting the new lots to Gemat Circle will be made from its current state and will
be privately maintained by the Association going forward.
9. All taxes applicable to the land have been paid, as certified by the County Treasurer's
Office. All applicable taxes have been paid as indicated in the Statement of Taxes
Due that is provided with the Application.
10. All fees, including road impact and school land dedication fees, shall be paid. No road
or school impact fees are required for this Application.
11. The Final Plat meets the requirements per section 5-402.F., Final Plat. The Final Plat
submitted herewith complies with all LUDC Sec. 5-402(F) requirements.
As indicated on the Application Form, pursuant to Section 4-202, Applicant is requesting that
certain submission requirements be waived. Namely, Applicant asks that it not be required to submit
the materials set forth in Sections 4-203(E) — (G) & (J) — (N). Applicant feels that the requested waiver
is justified because (a) the proposed subdivision is simple and straightforward; (b) no change in use or
site layout is proposed; (c) no new construction or development is contemplated in connection with the
Application, meaning no site features will be impacted; (d) Applicant is not requesting any extended
vested rights; and (e) no public improvements are proposed or required. Accordingly, the documents
identified below are being submitted with and as part of the Application:
1. Land Use Application Form
2. Payment for Application fees ($400.00)
3. Statement of Authority
4. Authorization Letter
5. Payment Agreement Form
6. Statement of Taxes Due
7. Mineral Owner Certification Form
8. List of Landowners within 200 feet
9. Pre -Application Conference Summary
10. Title Commitment
11. Site Plan/Existing Conditions Survey
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Mr. Vince Hooper
July 16, 2020
Page 4 of 8
12. Proposed Final Plat (including vicinity map)
13. Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Big R
Commercial Park, Reception No. 935330
14. Proposed Amendment to Restated Declaration
15. Proposed Well -Sharing Agreement
16. Resource Engineering Water, Wastewater, Drainage, and Traffic Report
Applicant has provided a total of 3 copies of all of the foregoing documents and will
provide a Dropbox link that includes an electronic version of the same. Please contact us if you
need additional information or have questions regarding any of the Application materials. We look
forward to working with the County as we proceed through the application process.
By:
Nicole Garrimone-Campagna
Haley Carmer
Sincerely,
GARFIELD & HECHT, P.C.
Attorneys for Applicant
Enclosures
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Mr. Vince Hooper
July 16, 2020
Page 5 of 8
APPENDIX A
Compliance with LUDC Article 7 Standards
LUDC Section
Applicant Response
7-101: Zone District
Use Regulations
All existing uses on the Property are permitted uses in the Commercial
General zone district. No change in use is proposed.
7-102:
Comprehensive Plan
and IGAs
The Garfield County Comprehensive Plan 2030 Future Land Use Map
designates this area within the Rifle Area of Influence and Urban
Growth Area, as well as Rural Employment Center. The Big R
Commercial Park subdivision was found to be in compliance with the
County's comprehensive plan in 2007, and the nature and intensity of
the use on the Property is not being changed from the original approval.
The Application therefore remains in compliance with the plan.
7-103: Compatibility
The current industrial and general service use of the Property is
consistent with the nature, scale, and intensity of the use of other Big R
lots and other adjacent properties. No change in that use is proposed as
part of the Application.
7-104: Source of
Water
A well -sharing agreement that will encumber Lots lA and 1B is
provided as part of the Application documents. The well that is the
subject of the well -sharing agreement currently serves the needs of all
buildings located on the Property and, through the well -sharing
agreement, will continue to do so after subdivision. Additionally,
Applicant has tested the well to confirm the adequacy and dependability
of the well's production capacity. Applicant's engineering report
provides further information and explanation regarding this topic.
7-105: Central Water
Distribution and
Wastewater Systems
Instead of creating a new well for each new lot, the two new lots will
share a central well under the terms of the proposed well -sharing
agreement. A water distribution system from that central well is already
in place to serve each of the five plumbed buildings on the Property.
Easements for the existing, in -place water distribution facilities will be
created by the well -sharing agreement. Future lot owners will have the
ability to utilize the 20-foot access and utility easement created by the
proposed plat if they desire to redesign the current system.
No public sewer system, central collection system, or sewage treatment
facility is available on or near the Property. Individual septic tanks and
leach fields are already associated with each plumbed building on the
Property. Septic tanks are not prohibited because each of the proposed
lots will be more than one acre in size.
Applicant's engineering report provides further information and
explanation regarding the existing water and wastewater systems on the
Property.
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Mr. Vince Hooper
July 16, 2020
Page 6 of 8
7-106: Public
Utilities
Public utilities, including gas and electric, currently serve the Property
and all buildings on it. Pre-existing utility easements are shown on the
Plat and no new utility easements or construction are needed. All
existing utilities except major power transmission lines, transformers,
switching and terminal boxes, meter cabinets, and other appurtenant
facilities are located underground.
7-107: Access and
Roadways
A 20-foot wide private access and utility easement and emergency
access easement (the "Easement") is shown on the proposed final plat to
provide access to and from each lot via Gemat Circle. Gemat Circle
(originally Big R Road) was dedicated to the County on the Big R
Commercial Park subdivision plat. The Easement will be for private use
by Lots 1A and 1B and will be maintained by the Big R Lot Owners
Association. Applicant anticipates that the Easement will function as a
driveway for private and emergency access. The majority of the
Easement area is currently covered in gravel and used as a driving
surface. Minimal construction or improvement is proposed at this time.
The use of Gemat Circle by all Big R Commercial lot owners and tenants
is described in Section 12.03 of the Declaration. Because there is no
proposed change in use of the Property, the capacity of Gemat Circle is
sufficient.
Applicant's engineering report provides further information and
explanation regarding access to the Property.
7-108: Use of Land
Subject to Natural
Hazards
N/A
7-109: Fire
Protection
A fire protection system is currently in place in the Big R Commercial
Park and is administered by the Owners Association. The fire storage
tank is located on proposed Lot 1B within two previously -dedicated
easements. Provisions regarding that system are set forth in Section
11.02 of the Declaration and will be applicable to the new lots.
7-201: Agricultural
Lands
N/A
7-202: Wildlife
Habitat Areas
Wildlife habitat area impacts were addressed at the time the Big R
Commercial Park was established. The Application does not change any
aspect of the Property with respect to wildlife issues.
7-203: Protection of
Waterbodies
N/A
7-204: Drainage and
Erosion
Drainage and stormwater issues were addressed at the time the Big R
Commercial Park was established. No new development of land is
proposed as part of the Application, and existing drainage patterns will
not be altered. Applicants engineering report provides additional details
regarding this issue.
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Mr. Vince Hooper
July 16, 2020
Page 7 of 8
7-205:
Environmental
Quality
The Application will have no impact on air quality in the area.
Declaration Section 11.04 regulates hazardous materials within the Big
R Commercial Park and will apply to the lots created through the
proposed subdivision.
7-206: Wildfire
Hazards
The Property is in the NR or Low category of the County's Wildfire
Susceptibility Index, so this section does not apply.
7-207: Natural and
Geologic Hazards
N/A
7-208: Reclamation
N/A
7-301: Compatible
Design
The current commercial and general service use of the Property is
consistent with the nature, scale, and intensity of the use of other Big R
lots and other adjacent properties. No change in that use is proposed as
part of the Application. The proposed subdivision configuration takes
into account the location (including setbacks) and utility and access needs
of the existing buildings. The lots will also be subject to the Declaration and
its land use restrictions. The Big R Lot Owners Association will have the
ability to enforce those restrictions to ensure that any nuisance to adjacent
owners occurring on the Property is remedied.
7-302: Off -Street
Parking and Loading
Standards
Per the Declaration, no parking is allowed on Gemat Circle. Instead,
parking is only permitted in the parking spaces approved by the
Association for the Property. Each building on the Property has its own
dedicated parking area with an adequate number of parking spaces
designated for use by the tenant of each building only. Specifically, all
of the buildings are used for commercial purposes that require 1 space
for every 2,000 square feet of floor area. The square footage and
dedicated parking spaces for each building shown on the existing
conditions survey are as follows:
-*Lot IA
• Building A: 6,769 square feet; 8 dedicated spaces
• Building B: 3,297 square feet; 10 dedicated spaces
• Gravel area between Buildings A and B can accommodate an
addition 25 vehicles
-*Lot 1B
• Steel Building C: 6,901 square feet; 15 spaces
• Block Building D: 7,068 square feet; 8 spaces
• Gravel area between Buildings C and D can accommodate an
additional 30 vehicles
• Steel Building E: 3,410 square feet; 30 spaces (a portion of the
parking spaces allocated to Building E may be removed to
accommodate the new access easement, but sufficient spaces
will remain to satisfy the parking requirement)
• Wood frame building G: 1,238 square feet; 2 spaces
The parking areas associated with each building are covered with gravel
or compact dirt, which are all-weather materials suitable for the tenants
in the buildings. Any loading that may occur on the Property will occur
on the lots themselves, not on any public street. The parking and loading
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Mr. Vince Hooper
July 16, 2020
Page 8 of 8
needs associated with future development of a lot will be addressed at
that time.
7-303: Landscaping
Standards
The majority of the Property is covered in gravel as a driving surface
and not vegetated. Those portions of the Property that are vegetated
include native vegetation or mature trees. The Association maintains the
landscaping on the Property. Any landscaping associated with the future
redevelopment of any of the new lots will conform to the standards set
forth in 7-303 and in the Declaration.
7-304: Lighting
Standards
The exterior lighting currently on the Property complies with the
LUDC standards because it is downcast, does not shine on other
properties, does not create a traffic hazard, is not flashing, and no
lighting is more than 40 feet in height.
7-305: Snow Storage
Standards
Each new lot will have sufficient open space within its boundaries for
snow storage. Historically, snow has been stored along the northern
boundary line of the Property, and that practice is expected to continue
for Lots lA and 1B. Doing so will not restrict access or circulation, or
obstruct the view of motorists. The Property slopes to the south, so
snowmelt will not drain onto adjacent lots.
Per Sections 12.03 and 12.04 of the Declaration, the Association is
responsible for snow removal from easements within the Big R
Commercial Park, which will include the new access and utility
easement on the Property, as well as Gemat Circle.
7-306: Trail and
Walkway Standards
N/A
7-401: General
Standards
As stated in the Declaration, the Big R Lot Owners Association will
maintain all common facilities on or within the new lots.
7-402: Subdivision
Lots
Lot area, width, frontage, depth, shape, location, and orientation of the
proposed lots comply with the Commercial General zone requirements.
Specifically, both of the new lots exceed the minimum lot area of 7,500
square feet; each lot has at least 25 lineal feet of frontage on a dedicated
street; and the applicable front, rear, and side setbacks are in compliance
with Table 3-201.
The depth and width of the proposed lots provides enough space for
required off-street parking and loading facilities. No lots are divided by
municipal boundaries, County roads, or public rights -of -way.
7-403: Survey
Monuments
Permanent survey monuments have been set —or will be set upon
recordation of the subdivision plat —within the Property. All
permanent survey markers set by Applicant's surveyor will have its
registration number securely fixed to all monuments, markers, and
benchmarks.
7-404: School Land
Dedication
No school land dedication is required because the existing development
is commercial, and no residential dwelling units are being proposed or
added as part of the Application.
7-405: Road Impact
Fees
No road impact fee is required at this time because no new construction
or development is proposed as part of the Application.
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