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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 2119484_4 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 2119484_4 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 2119484_4 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. 2119484_4 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. 2119484_4 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 2119484_4 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. 2119484_4