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HomeMy WebLinkAbout2.0 Intro and NarrativeSection 2 Introductory Information and Background Background Information and Narrative Comp Plan & relevant Zoning Information Compliance with Minor Subdivision Review Criteria Waiver Requests Vicinity Map County Parcel Map of Surrounding Area IRMW Minor Subdivision 1 MINOR SUBDIVISION: IRMW LLC PARCEL 1 SECTION 2 - INTRODUCTORY INFORMATION AND BACKGROUND Parcel #'s: 2393-354-00-056 Zoning: Industrial "I" Application Date: September 2016 TYPE OF APPLICATION: IRMW LLC hereby submits an application for a Minor Subdivision for property located adjacent to the South's side of County Road 100 approximately 0.5 miles east of the Town of Carbondale. Access to the property is from CR 100 and over the RFTA Rio Grande Trail Corridor in two separate places. License Agreements with RFTA exist. We are submitting all application materials identified in Section 5-401 and Table 5-401 of the Garfield County Land Use and Development Code (LUDC) and noted in the Preapplication conference. A waiver submittal request per Section 4-202, Submittal Waivers is included for certain items. The application materials include the following: • Application forms and fees • Vicinity Map • Minor Subdivision Plat • Narrative Request and Related Information • Title Commitment and Proof of Ownership • Names and addresses of Property Owners within 200 ft. • Names and addresses of Mineral Rights Holders • Copies of Assessor's Mapping showing adjacent properties • Letter authorizing Representative • Copy of Preapplication Summary • Site Plan Information • Information demonstrating Compliance with Article 7, Divisions 1 -4 as applicable. • Technical Reports o Topographic Map o Slope Analysis • Miscellaneous o Letter of Service from Holy Cross Electric o Water Exchange Agreement o Access Easement & RFTA License Documents o Waiver Requests IRMW Minor Subdivision 2 o Photos of property from CR 100 and RFTA Rio Grande Trail. The owners of the property are submitting a Minor Subdivision application for the purpose of splitting the parcel into two lots. Please note that a Boundary Line Adjustment application is in process with the adjoining property to the west of the subject. County staff has been made aware of this as part of the Pre -application process. I. INTRODUCTION AND BACKGROUND IRMW LLC owns an approximately 60 acre parcel along CR 100 that was acquired from Mid -Continent Resources after their liquidation in approximately 2003. That original parcel, approximately 95.313 in size, is zoned Industrial "I". The property address is 1058 CR 100. The property lies approximately 0.5 miles east of the intersection of Main St. (Carbondale)/Snowmass Drive and CR 100 at the eastern entry to Main Street in Carbondale. IRMW LLC is a company owned currently by Bill Rice. His former partner was John Martin until his death. A Statement of Authority is included in the Miscellaneous Documents Section of the application. The Statement of Authority is in the process being updated. IRMW has used the property for office space, storage, contractors' yards, vehicular storage and miscellaneous light industrial uses. In May, 2012, MRI, Inc. made an application for a Limited Impact Review for a Waste Transfer/Recycling Center (MRI Application). MRI, Inc. slowly began use of the property for their operations after obtaining their land -use approval (Resolution No. 2013-06). Their operations are concentrated on the Eastern part of the original Mid - Continent Property in the vicinity of the historic coal loading area and nearby areas. The property was split into two parcels each larger than 35 acres in 2012. The eastern part of the original Mid-Continent/IRMW site is now 35.3 acres in size and is owned by IRMW II. The balance (60.019 acres) or western part of the site is still owned by IRMW, LLC. The intent of the lot split is to further re -subdivide the property into two parcels. The east most parcel will be called Parcel 1A in this application and the West most parcel will be called Parcel 1 B. Lot sizes are proposed to be as follows: Parcel 1A: 57.773 acres Parcel 1B: 2.097 acres Parcel 1A is planned to be transferred to the ownership of IRMW II. This parcel has some existing light industrial uses such as office space, storage, etc. With IRMW Minor Subdivision 3 VICINITY MAP FOR: MID-CONTINENT RESOURCES PROPERTY A PARCEL OF LAND SITUATED IN SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 ••• it IJ x 6284 • N.. • )• .... • .1/ tt..7 • • •" \ — "--•• "--576742, vq,...A C.— -f LIdi 0. In NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 1.° ••• I! / ‘; II ' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM IRRA1A/ f\,1......'1.1 1 sb 11174 2016-09-15 M:\3100dwgs\11174\BASE 11174-IRMW-MRI-PARCEL SLOPE ANALYSIS (2016)DWG Garfield County Land Explorer Printed by Web User Garfield County Garfield County Land Explorer Garfield County, Colorado 34 2393341 C6344 1 inch = 1,347 feet 1 inch = 0.26 miles 0 0175 005 0.7 Moles Garfield County Colorado Garfield County wiane.gartield-courity.com Colorado Disclaimer This ISd Complat Ion of records as They op pear in the Gorn chi County &nee, etrecti ng the area shone. This draw Ing is to be used only for rete fence purposes and the County Is not reopen Cale for any Fiore wades herein cannened. Copyright Garfield Cm np,r, Colorado 1 All Rights Reserved Printed: 9/19/2016 at 532:12 PM . . . —_—.—=1=111M11=- this transfer, all of the existing uses related to the MRI Application would all take place on property owned by IRMW II. Parcel 1B would be retained by IRMW LLC (Bill Rice). This part of the property is vacant with the exception of a small flat parcel at the Northwest corner. The present land use is miscellaneous storage. No permanent structures exist on this portion of the site or anywhere on Parcel 1 B. IRMW may increase the intensity of storage in the future or propose associated office space or another permitted use allowed under the Industrial "I"Zone District regulations. The majority of the description of the land -use application for the Minor Subdivision will revolve around use or issues revolving around the proposed Parcel 1 B. If it is appropriate to discuss the remainder of the property (the proposed Parcel 1A, it will be noted). Boundary Line Adjustment The previously noted Boundary Line Adjustment application is in the process of being reviewed, with the application going directly to the Office of the Garfield County Assessor. The Boundary Line Adjustment ownership, parcel# and current areas are noted below: Owner Parcel # Size (Acres) IRMW, LLC 2393-354-00-056 60.19 Tim & Laura Nieslanik 2393-353-00-062 2.002 With this Boundary Line Adjustment, 0.149 acres would be transferred from IRMW to the Nieslaniks. The transfer parcel is at the very northwest corner of the IRMW parcel. We will provide this information — both the transfer deed and associated plat to Community Development Staff during the Minor Subdivision review. Surrounding Zoning North: "R" Rural Zone District West: "R" Rural Zone District South: "R" Rural Zone District East "I" Industrial Zone District Surrounding Land Use North: RFTA Rio Grande Trail, CR 100, Agricultural West: Single Family residential — Rural Density South: Agriculture, Electric Substation East: Light Industrial IRMW Minor Subdivision 6 SITE DESCRIPTION The site is approximately 60 acres in size and is located along CR 100 approximately 0.5 acres east of the Main Street/CR 100 intersection. The property is relatively steep, with portions of slopes greater than 30%. The topography falls from the South towards the North and there are some flat areas located near the County Road 100 boundary. Vegetation includes rabbit brush, upland grasses, oak brush, sage, evergreen trees and pinion/ juniper woodland. Access is from County Road 100 and then across property owned by RFTA property. One access point lies on the eastern portion of the site (Parcel 1A) and one along the Western property boundary (Parcel 1B — and be retained by IRMW). Both properties have legal access as well as licenses to cross RFTA. Access points and references to legal documents proving legal access are noted on the Minor Subdivision plat. Legal documents ensuring access for Parcel 1B are included with this application in the miscellaneous documents section. An Existing well and a septic system serve portions of the previously described IRMW II parcel as well as the future Parcel 1A. The development plan for Parcel 1B calls for water to be supplied via a Water Exchange Agreement. An OWTS will be provided if there is future office use or other occupancy on the property which requires wastewater services. These will be permitted under County regulations at the necessary time. The Water Exchange Agreement has been finalized. Electric service will be provided by Holy Cross Energy. A "will serve" letter is included in the application. Natural gas will not be extended to the property. If such energy sources are needed, propane will be utilized. DEVELOPMENT GOALS The goal of the proposed development is to subdivide the property in keeping with allowable uses described for the Industrial "I" Zone District and consistent with the vision, goals, objectives and policies of the Garfield County Comprehensive Plan. The proposed development includes consideration for: • Providing for small-scale, low impact uses in areas that are presently zoned for industrial uses and/or job creation. • Developing/using property where there are no identified hazards. • Minimizing new development infrastructure. No new road or major infrastructure is necessary for the "development" of the two lots. • Allowing a successful business owner to continue to have access to appropriately zoned properties for his future use — while not adversely affecting adjacent residential or agricultural properties. COMPLIANCE WITH COMPREHENSIVE PLAN IRMW Minor Subdivision 7 Present development and any future development are in compliance with the Garfield County Comprehensive Plan 2030. The entire 60 acre parcel has been zoned Industrial "I" and has had industrial land use associated with it since at least the 1950s. No change in terms of compatibility is foreseen with the Minor Subdivision. The only change will be that there may be a slight increase in intensity of land -use at Northwest corner of what is proposed to be Parcel 1 B. Comprehensive Plan Land Use Designation: Industrial (I) Comprehensive Plan Description: Indoor manufacturing, outdoor equipment storage, business parks, energy processing and uses that produce odor, noise, light and remissions. Comment: • Description of Uses: What will become Parcel 1A has existing uses on it and there is likely little change in the future for those uses. Any future use would meet LUDC and Industrial "I" Zone District development criteria. Parcel 1B already has some light storage on it. Any future use would be similar and would meet all Code requirements. • Because the Minor Subdivision would result in no significant development or change in development or use, we will not be going through point by point with the Comprehensive Plan goals and objectives or other related criteria unless requested by staff. COMPLIANCE WITH ZONING DISTRICT Existing uses presently comply and any future use or development on the proposed lots within the minor subdivision will comply with all zone district criteria, including dimensional requirements enumerated in Table 3 — 201 of the LUDC. Items for Discussion 1. Front Setback Request — front setback to be along West property boundary. (Section 3-201 — Dimensions) Setbacks in the Industrial I zone district are as follows: • front — 25 feet (local Street) • rear — 25 feet • side — 10 feet IRMW Minor Subdivision 8 Justification: Applicant proposes that the West property boundary be declared as the front setback. In some jurisdictions, a front setback is sometimes determined to be adjacent to the vehicular access right-of-way. In this particular case, adjacent to the north property line is the RFTA Rio Grande Trail right-of-way (100 feet) and immediately adjacent to that is the CR 100 right-of-way. This would result in any setback of a structure to be far away from the edge or centerline of applicable County Road — much further than even from an arterial street (50 feet). In addition, there is a 5 ft. utility easement along the north property boundary. Finally, setback adjacent to the West property line could help provide relief due to the small development area at the northwest corner of the subject. 2. Lot Slope (Sec 3-202 D.2) Criterion: Lot size 1 acre or greater. A minimum Building Envelope of 1 acre, that does not contain slopes 30% or greater, shall be required. Justification: Existing flat area at Northwest corner of property — and that component which is less than 30% slope is approximately 0.424 acres in size (18,470 ft.2 +/- in size). We wish to note two items: • This zoning criterion is in the process of being amended. The Planning Commission recommended that this criterion be changed by the BOCC at a Public Hearing held September 14, 2016 Planning Commission. • The minimum lot size for the zone district is 21,780 ft.2. Ironically, an entire lot in the Industrial I zone district can be 21,780 ft.2 which is much less than the required minimum building envelope of 1 acre with less than 30% slope. We fine this criterion inconsistent with the underlying zone district criteria and facts on the ground. 11. COMPLIANCE WITH SECTION 5-301. MINOR SUBDIVISION REVIEW A. Overview The proposal meets the "Overview" criteria for a Minor Subdivision as listed in Section 5-301 A. Criteria and comment below: • Creates no more than three parcels (two parcels are being created). • Is served by a private well or wells, or a water supply entity. A Water Exchange Agreement has been reached with the adjoining property owner which will supply domestic and irrigation water). • Does not require the extension, construction or improvement of a County right-of-way (no rights-of-way are being created, extended etc.). C Review Criteria The application is to demonstrate compliance with the following criteria. Below is a justification on a point by point basis. Comments are in italics. IRMW Minor Subdivision 9 1. It complies with the requirements of the applicable zone district and this Code. Comment: Application meets the requirement of the underlying zone district. Lot slope criteria and front setback discussed above. 2. It is in general conformance with the Comprehensive Plan. Comment: See previous comments about being in conformance with the Garfield County Comprehensive Plan 2030 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Comment: Documents include a Water Exchange Agreement with adjacent property owners which will supply the needed amount of water. A Basalt Water Conservancy District allotment is also being obtained. 4. Satisfactory evidence of adequate and legal access has been provided. Comment: The application provides background on the RFTA License as well as an access easement for access onto the property from CR 100. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. Comment: Existing and/or proposed easements are shown on the Minor Subdivision plat. No additional easements are required. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. Comment: Application for an OWTS will be made if the owner chooses to have an office or some other similar structure on the property. Please note that an ISDS presently exists on other portions of what was originally the IRMW and Mid -Continent property and on the adjacent property to the east, so this is feasible from a technical standpoint 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rock fall and poor soils, shall be mitigated, to the extent practicable. IRMW Minor Subdivision 10 Comment: Any development will occur on areas outside steep slopes. There are no other problematic criteria. 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. Comment: No public infrastructure or any other required facilities are necessary for development of the site. The development of the physical source of water will be made by the present owner. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. Comment: All taxes have been paid (confirmed via County Assessor website). This was confirmed by looking at County Assessor records. A Certificate of Taxes Paid is also included on the Minor Subdivision Plat. 10.AII fees, including road impact and school land dedication fees, shall be paid. Comment: We are not aware of any road impact or school dedication fees that need to be made associated with the Minor Subdivision. 11.The Final Plat meets the requirements per Section 5-402.F., Final Plat. Comment: The Plat meets requirements outlined in the County LUDC. Plat included in Technical Documents section of the application. 111. MISCELLANEOUS INFORMATION SUMMARY Roads. Existing county infrastructure will be used and there will be no new roads/rights-of-way proposed or extensions of existing roads/rights-of-way. Proposed Utilities/Infrastructure. Utilities already exist to the property. A Water Exchange Agreement has been signed and an allotment application to the Basalt Water Conservancy District has been made. Constraints to Development. There are minimal environmental constraints to the proposed development of the property where any use or structures would be proposed. Parcel 1A has been used for light industrial, storage and office uses IRMW Minor Subdivision 11 for a considerable period of time. Parcel 1B has some minimal storage on the Northwest corner. This is the only area that will be used for any increase in use or perhaps a small office area in the future. Please see comments on environmental constraints in Section 4 of the application Compliance with Article 7 — Sections 1-4). The Carbondale & Rural Protection Fire District has visited the site with the project planner and is prepared to review any referral from the County Community Development Office. Waivers. There is a request for waivers from formal submittal of the Preliminary Engineering Reports and plans for a Minor Subdivision as noted in Table 5-401 of the County Land Use Code. They are: • A. Roads, Trails, Walkways and Bikeways. • C. Sewage Collection and Water Supply and Distribution System. • E. Groundwater Drainage. • H. Preliminary Cost Estimates for Improvements Justification for the Waivers We understand the submittal requirements that are established as part of the Minor Subdivision Review process. However, we feel that the above Preliminary Engineering Reports are not necessary for this particular application. Comment on each of these submittal items is below. Roads, Trails, Walkways and Bikeways. This is a minor subdivision in an industrial/light industrial area. Trails and paths are not appropriate. The Rio Grande Trail is adjacent to the subject property. Existing county roads are being used for access. Sewage Collection and Water Supply and Distribution System. A well and ISDS already serve what will become Parcel 1A. A water exchange agreement for any future use that demands domestic or irrigation water is in process. An OWTS will be submitted separately for Parcel 1B if appropriate. Note: the residence immediately to the west of the developable area for Parcel 1B has had an operating ISDS. Groundwater Drainage. No substantial new development is proposed. Drainage has worked satisfactorily for previous development on the subject property. Preliminary Cost Estimates for Improvements. No public or subdivision related infrastructure is being proposed. Finally, the owners (both IRMW and IRMW II — future owner of the proposed Parcel 1A) have done the necessary due diligence over the years and have preformed necessary studies as part of a previous land use application (MRI IRMW Minor Subdivision 12 Application — File # LIPA-7280), as part of this application or related to past development of the property. Those studies are that have already been completed are: • Geotech analysis and perc test for previous ISDS. • Water Exchange Agreement. • Ensured that electric service is available to all lots. • Examined environmental constraints through County sources and determined that there are no significant constraints. • Committing to provide an ISDS at time of building permit. • Soils & Geology Information submitted from U.S. Department of Agriculture Natural Resources Conservation Service as part of MRI Application. • Wildlife Impact Study by ERO Resources as part of MRI Application. The applicant is of the opinion that the criteria for waiving submittal criteria via Section 4-202.0 of the County Land Use Code has have been met. Below is a point -by -point response to the review criteria (Note: responses are in italics). C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; Response: Applicant/owner has occupied the property for many years and the bulk of the property is already developed. Additional development will have to apply for the appropriate permits and meet County criterion (a) for any application. No significant environmental constraints exist on the NW corner of Parcel 1B — the site which may see more additional use in the future. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: Main purpose of the split is so that present owner can occupy a small portion of property for own use and not be tied to the larger 1MRW 11 parcel or the MRI Transfer/Recycling use. No substantial improvements or development is proposed. Any additional use should be minor or will be in conformance with the previous MRI Application standards or general County regulations. Therefore, complexity and intensity of new development is negligible. 3. The waiver does not compromise a proper and complete review; and Response: An adequate review can be undertaken via the Minor Subdivision or any future Building Permit process or other permit process. IRMW Minor Subdivision 13 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: Basic development background information has been examined and provided. See above. Utilities available and no County road extension needed. In addition, the owner commits to the following as needed: • Building Permit Application if any structure proposed. • OWTS Application if use requires wastewater system. • Utility Plan showing electric hook-up. • Proof of Positive Drainage. IRMW Minor Subdivision 14