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HomeMy WebLinkAboutSection 4 ComplianceGIANINETTI SPRING CREEK RANCH - COMMUNITY EVENT/MEETING CENTER SECTION 4 This section includes point by point responses to Article 7 Standards, Divisions 1- 3 and the Impact Analysis per Section 4-203 G of the Garfield County LUDC. Please note that these responses are only for the Gianinetti Spring Creek Ranch Community Event/Meeting Center application. Responses for the Lodging Facility portion of the Guest Branch are in the separate, companion application. 1IPage SECTION 4 COMPLIANCE WITH ARTICLE 7, DIVISIONS 1 - 3 The following section of this application addresses compliance with the criteria and standards of Article 7, Divisions 1-3 of the Garfield County Land Use and Development Code. Responses to each criterion are in "italics". Where standards don't apply, NA or reason for non -applicability will be stated. DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions. Response: The site is located in the County's Rural "R" Zone District. The Gianinetti Spring Creek Event Center will be in compliance with the Zone District, lot and building requirements, Intent Statement, use and general restrictions and measurements contained in Article 3 (Zoning) of the LUDC. With such a large parcel, compliance with Zone District dimensional criteria is very easy. For example, the setback for many structures on the site to the West property line is approximately 400 feet. The event barn — as a nonresidential structure — is allowed to be 40 feet in height. The building permit application will show that the barn complies with that criterion also. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: We addressed this issue in detail in Section 2 of the Application — Project Background and Information. Garfield County Comprehensive Plan 2030 designates the site as Residential Low Density. The County Comp Plan discussion lists agricultural and rural uses and even Accessory Dwelling units that are buffered from incompatible uses that are nearby. Density for this designation is 10 acres per dwelling unit. This property is also an important component of the Town of Carbondale Comprehensive Plan. The Town Plan notes this property as "River Corridor and Floodplain Conservation Area" and a further designation as "Priority Agricultural Land". As explained in numerous places of this application, Gianinetti Spring Creek Compliance Article 7 2IPage the development plan avoids 100 -year Floodway and preserves Wetlands and other priority areas. Please note that the Town's Comprehensive Plan does not designate this area for annexation during the life of this Comprehensive Plan (completed in 2013). There are three important areas in the plan - noted as Phase 1 to Phase 3 Priority Annexation areas. Nowhere in the Town Comprehensive Plan is the Gianinetti Family Property designated for annexation. Intergovernmental Agreements. Gianinetti Family representatives have discussed this property with the Town a couple of times, including when this plan was being submitted. The proposed land -use was discussed as well as the issue of utilizing the town's wastewater system. The Gianinettis do not wish to annex to the Town of Carbondale. They feel that the counties Rural Zoning is most appropriate for their future needs. The Town has also been quite clear that the town's wastewater utilities will not be able to be utilized without annexation to the town. The Gianinettis have thought thoroughly on this issue and still do not wish to annex into the Town. Therefore, they have undertaken design and planning efforts to take care of their own wastewater and the fluid produced by this project. Per the Intergovernmental Agreement with the Town and the County, we acknowledge that this application will be reviewed by the Town and have submitted a copy to the Town in advance of the County Agency referrals. Our conclusion is that the development plan is in conformance with both the County and Town's Comprehensive Plans as well as any Intergovernmental Agreement between the two jurisdictions. Section 7-103 Compatibility Response: The nature, scale and intensity of the proposed uses are compatible with adjacent land uses. Presently, there are agricultural related uses and these have always fit in well with the Roaring Fork River to the north as well as the agricultural uses to the east/ southeast and Town open space area to the south. To the west are commercial and residential uses located in the Town's Cowen PUD and Gianinetti Spring Creek Compliance Article 7 3IPage Roaring Fork Village PUD. The Event Center has been in operation for approximately 10 years and we are not aware of any complaints that have arisen from neighbors through either the Town's Police Department or the County Sheriff's Department. The Gianinetti extended families live on the bluff above and adjacent to their family property and police these events regularly. Conclusion. The Project is compatible with adjacent land uses. Section 7-104 Sufficient Legal and Physical Source of Water Response: There is both a sufficient Physical and Legal source of water for the project. An Engineering Report included in the application provide the details. The water system is noted as a private, non -community water system that does not require treatment. The system will be chlorinated if a water quality report indicates that it is necessary. The system has been designed by a licensed, Colorado engineer. The Gianinetti Family owns a significant water rights portfolio that was mentioned earlier and is summarized in Section 3 The development will be obtaining an allotment from the Basalt Water Conservancy District in concert with this application. Once the land -use application is approved, the Family will obtain a well permit. The well will be in the general location has indicated on the Site Plan Section 7-105 Central Water Distribution and Wastewater Systems Response: Please see details on the details of the water and Wastewater Systems as designed by the Project Engineer. (Section 3 — Technical Documents) Section 7-106 Public Utilities Response: Adequate public utilities are available. The property presently has electric service provided by Holy Cross Electric. That is the only utility presently on site. Natural gas is proposed to be extended and utilized by the project. Will Serve letters are included in Section 5 — Miscellaneous Documents. Water and Wastewater discussed above. Gianinetti Spring Creek Compliance Article 7 4IPage Section 7-107 Access and Roadways Response: No new public roads are being provided. The property has existing access from Cowen Drive a Town of Carbondale street. A basic traffic study is included as part of the Engineering Report (see Section 3 — Technical Documents). The access driveway already exists. Comments on the road geometry, surface materials and other information is also included in the Engineering Report. An existing semi -primitive road system provides travel over to various parts the property. These are considered private driveways and are open to the owners and users of the property, but not the general public. No recent traffic studies related to traffic volume for Cowen Drive were available from the town of Carbondale. The project engineer gathered some background traffic data as part of the Basic Traffic Study. Conclusion. Access off the Town Street system appears to be working satisfactorily as there are is no record of deficiencies or complaints to or from the town. The present access driveway already exists on site and has served the Event Venue for approximately 10 years. Attached is an email from the Carbondale and Rural Fire Protection District Fire Marshall indicating that the access is satisfactory. The Project Engineer has cited no deficiencies. Please note that the existing access driveway from Cowan Drive down to the Bottomland is approximately 19 feet in width. This driveway will be widened to 20 feet at the recommendation of the Fire Marshall. This width is narrower than required for a semi -primitive driveway/roadway. A waiver has been requested. See Sections 2 and 3 of the application. Section 7-108 Use of Land Subject to Natural Hazards Response: We have addressed Floodplain Regulations Wetlands and High groundwater as part of the engineering reports application. There will be no development near the hillside. There are no known areas of mud flow, radiation, snow/have landslides etc. A Geotech Engineer has analyzed the soils related do septic suitability. Gianinetti Spring Creek Compliance Article 7 5IPage Section 7-109 Fire Protection Response: Wildfire Hazards are low or "Not Rated" for the subject property according to the County Risk Assessment Maps. Both the Project Planner and Project Engineer have discussed emergency access and Fire Protection with the District Fire Marshall and he has been submitted a copy of the proposed Site Plan. He will respond formally as part of the County Referral process. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Resource Protection Standards apply to all proposed land - use changes, unless specifically exempted. Section 7-201 Protection of Agricultural Lands A. No Adverse Effect to Agricultural Operations. Response: There should be no adverse effect. The event Center has been in operation for quite some time and there have been no conflicts. Provision of the Event Center and the hoped for Lodging/Guest Ranch will result in less impact compared to any long-term residential Development that a substantial Density. B. Domestic Animal Controls. Response: Very few domestic animals are on-site during the Events. Any dogs will be kenneled or sheltered if necessary. C. Fences. Response: No new fences are included in the development application. D. Roads Gianinetti Spring Creek Compliance Article 7 6IPage Response: No public roads are being constructed. All internal roadways are considered to be private driveways. They will not be paved. Snow removal will be performed as necessary for the facilities by the owner. Dust control will occur as necessary both during and after construction — primarily by application of water if necessary and by application of Mag Chloride if those efforts are not successful. Please note that all internal private drives are positioned well away from neighboring agricultural operations. E. Ditches No adverse affect on Ag Lands: The Lyons Ditch proceeds through the area. The Gianinettis are the only shareholder. There are no downstream users. Tail water and underutilized augmented water from the Weaver Leonhardy Ditch (AKA Gianinetti ditch) comes to the property. There are no downstream users. Existing ditches will not be modified. Any crossings will have adequate culverts. No development will channel surface water to any ditches. Section 7-202 Protection of Wildlife Habitat Areas Response: There are no identified critical Wildlife Habitat Areas. This subject property is not identified as Winter Concentration area or Severe Winter range for either elk or mule deer. There are no known raptor nests or similar critical breeding habitat. No new fences are being constructed which would interfere with any animals that may cross the property. Section 7-203 Protection of Water bodies Response: The protection of the Roaring Fork River Floodway and Wetlands has been documented in other sections of the application. The 35 -foot horizontal setback from any TOHWM (Typical and Ordinary High Water Mark) is being maintained from all water bodies including ditches, ponds, streams and the river. Gianinetti Spring Creek Compliance Article 7 7IPage Hazardous materials (if any) will also comply with the minimum 100 foot setback from TOHWM. • In addition: Significant existing native vegetation will not be removed. • Natural service drainage characteristics will be maintained. Grading will be minimized. • Development will comply with all applicable County, state and federal laws including those of the CDPHE Water Quality Control Division and the Army Corps of Engineers. Section 7-204 Drainage and Erosion Response: Comments are as follows: • Site disturbance will be minimal. The refined site plan indicates that there will less than 1 acre of site disturbance, and therefore will not require a discharge permit from the CDPHE. If final construction details show disturbance greater than 1 acre, the owner will apply for the appropriate Discharge Permit. • No lots are being created — residential or commercial. • Hard surface is minimized throughout the project. For example, there are no paved or driving surfaces — which minimizes storm water runoff. • Runoff is being designed to seep naturally into the property without being directed into water bodies or ditches. • Positive drainage is being maintained away from all buildings. • Initial indications are that there will be no required detention ponds for runoff. Section 7-205 Environmental Quality Response: • No impacts are foreseen related to air quality — no activities related to the development should create smoke or other discharges related to air quality. • Water Quality. Activity areas are designed to be at an acceptable distance between any water bodies, ditches Gianinetti Spring Creek — Compliance Article 7 8IPage etc. Any hazardous materials will be stored in compliance with state and federal regulations. Section 7-206 Wildfire Hazards Response: • The subject property is listed as being in a low or non- rated wildfire hazard area. Areas of significant slope are relatively small and limited to the Western fringe of the property. • Fire Marshall has been made aware of plans and has previously visited the site. He will comment as part of the County Referral Process. Section 7-207 Natural and Geologic Hazards Response: An existing overhead power line goes through the property. Portions of this power line will be under grounded. Any additional electric to the site will be provided underground. The Area is subject to Floodway and Wetlands regulations. These have been noted previously in the application and the necessary engineering designs are provided throughout. The property is not located in an avalanche, landslide, rock fall, alluvial fan, areas of extreme slope subject to development etc. Section 7-208 Reclamation Response: The development will comply with the standards outlined in Section 7-208 of the Land Use Code. Site disturbance will be relatively minimal. Improvements to the private driveways and a small extension of dirt road are relatively minimal. Only one significant structure (the Event Barn) will be constructed. All disturbance will be reclaimed and re -vegetated with native grasses. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS Gianinetti Spring Creek Compliance Article 7 9IPage The standards in this section apply to any land use change and all uses, including divisions of land and PUD's. Single- family dwelling units are exempt. Some standards would appear not to be relevant due to the specific use — Community Event/Meeting Center. Minimal development will be undertaken on land outside the northern portions of the parcel. However, we will address these sections for completeness purposes and in order to show the relationship of the existing land use with applicable standards as much as possible Section 7-301 Compatible Design Response: The Events Center and its proposed management plan meets these standards. A. Site Organization. NA. There are no public streets or defined lots or common areas around which to organize the site. Parking is located in close proximity to the Event Barn and Pavilion. Access is by the existing access drive. Pedestrian and bike access is also accommodated via the access driveway. Pedestrian/bike usage is higher than what one would think, perhaps because of its location adjacent to the Town of Carbondale. B. Operational Characteristics. There are no everyday activities from this particular use. There are no general hours of operation etc. Other comments: • No dust, objectionable orders, gas or fumes should be admitted to adjacent property. There may be the smells of barbecue or food for certain events. • Noise has not been a problem in the past for this use. The various members of the Gianinetti family live adjacent to the site and regularly police events. Events are shut down by dark. The secluded nature helps with this noise buffering. In addition, activities, where necessary can be moved to the barn if noises suspected of being a potential problem. • Events have been shut down by dark and there have been no problems with such timing. C. Buffering. No required buffering is anticipated. The Event/Meetings are located at the northern portion of the Gianinetti Spring Creek Compliance Article 7 101Page property and away from adjoining property boundaries. No buffering requests, either of a visual or noise buffering nature have been made in the past because of previous events. Moreover, lands to the north, east and south are in the same zone district and have similar land uses. Therefore, the Plan is to continue to operate as in the past. D. Materials. The only structure being built is the Event Barn and this should present no problems. It is located at a substantial distance from any adjoining structures or land uses. Materials will be barn wood or other appropriate, rustic finishes. Section 7-302 Off- Street Parking and Loading Standards Response: Section 7-302 A- 0, may not be applicable. Uses are intermittent and no regular off-street parking or loading is required. There are no adjacent public streets. Parking areas have been conceptually noted, and these have been sufficient in the past. We will be happy to provide more details that staff request. Section 7-303 Landscaping Standards Response: The project will comply with the intent of the County's Landscaping Standards in this section. Specifically: no trees or other significant vegetation are being removed. Approximately 20 trees have already been planted in the vicinity of what will be the Events Barn. These include willow, blue Spruce, Cottonwood and Austrian Pine. Areas required for landscaping will not be used for any parking or storage. The parking is proposed and has been used in the past in areas that are open meadows. See parking layout on site plan There is sufficient clear vision area and no trees exist or are being planted vicinity of Cowen Drive and the access driveway. The parking for events varies according to size. Therefore, there is no defined parking lot area. We are of the opinion that the remote and rural nature and temporary use of the parking areas make planting of trees unnecessary. Gianinetti Spring Creek Compliance Article 7 111Page Section 7-304 Lighting Standards Response. No outdoor lighting is proposed at this time. Any lighting that is necessary will comply with the standards of this section of the Garfield County LUDC, and will be downcast and shielded as necessary. Section 7-305 Snow Storage Standards Response: The events and/or Meetings rarely occur during the winter season. Therefore, we feel no snow storage area needs to be defined. If necessary, any storages snow would not occur on a driveway area. Section 7-306 Trail and Walkway Standards Response: NA. There are no permanent facilities, regular hours of operation or permanent residential units which will make trails or walkways necessary. The property is generally open, and visitors/event attendees can walk where they wish. Gianinetti Spring Creek — Compliance Article 7 Wage Impact Analysis Below are the evaluation criteria outlined in Section 4-203 G (Impact Analysis). We will address each criterion on a point by point basis. Where they do not apply, we will indicate with "NA" 1. Adjacent land use. Existing use of adjacent property/neighboring properties within 1500 -foot radius. Response: The most intense use from a development perspective occurs to the west of the subject property — a portion of Roaring Fork Village and Cowen Convenience Center of the Town of Carbondale. To the east and south are generally rural/agricultural land uses. To the north is dryland/riverbank of the Roaring Fork River, the SH 82 right-of-way and steep hillside adjacent to the BLM/ Red Hill Area. More specifically: West: Single Family subdivision — Roaring Fork Village & Gianinetti Subdivision 5 townhome units Commercial/office, hotel/motel and convenient center (Cowen Center) South: Single Family residence at rural Garfield County density Delaney Park (AKA Delaney -dog park) - Town of Carbondale East: Agricultural and single-family rural residential lots North: Streambank (dry) going from Roaring Fork River to State Highway 82 SH 82 right-of-way Steep hillside rising from SH 82 towards BLM/Red Hill Recreation area 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, topography, vegetation cover etc. Gianinetti Spring Creek Impact Analysis 2IPage Response: The subject property is generally located in the Roaring River Bottom land adjacent to the Town of Carbondale's Northeast boundary. Site features are as follows (see Boundary Survey/Existing Conditions Map): • Roaring Fork River main channel • 3 stream/ditches emptying into the Roaring Fork River • North riverbank (dry) leading from Roaring Fork River to SH 82 roadway surface • Roaring Fork River Floodplain • Wetlands • Irrigated hay fields • General agricultural equipment and storage • 2 ponds • newly constructed Agricultural Barn • Hillside along West property boundary characterized by Oak brush and other upland vegetation Impact to natural site features will be nonexistent or minimal. Structural development is limited to a barn area for Community Events and utilities. The dirt road circulation system already exists on property though this may be expanded to some degree for circulation purposes. Parking area will be unpaved — and actually utilize what has been the parking area for Community Events held in the last 10 years. Utility infrastructure will be minimal. This includes construction of a OWTS, a non-public water system and new propane service. Electric overhead already exists on site and any new electrical service will be provided underground. The existing overhead will be partially undergrounded through the Event Center and lodging area of the site. 3. Soil Characteristics: Response: The subject property is subject to alluvial deposits, riparian areas, ditches/streams and irrigated hay fields. Depth to groundwater is approximately 2 feet. An in-depth soil studies has not been done at this time. Pits's have been dug for the OWTS analysis and inspection done by HP Kumar. A letter on the results is attached. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and the determination of what effects such factors would have on the proposed use of land. Response: As noted above, a formal Geotech analysis has not been undertaken as the geologic and natural hazards appears self-evident. Hazards are high groundwater table, Roaring Fork River Floodplain and riparian areas. Gianinetti Spring Creek Impact Analysis 3IPage Floodplain. Project engineer has confirmed the Floodway and Floodplain area. All development will remain out of the Floodway. Otherwise, development will comply with County and National standards, with any finished floor being 1 foot higher than base flood elevation. Wetlands. A qualified Riparian/wetlands professional has identified the Wetlands and confirmation by the Army Core of Engineers is in process. All development will occur outside the Wetlands area. Wetlands were identified and mapped in calendar year 2017. High Groundwater. This has been taken into account with the development plan. Development will utilize Best Management Practices related to construction of facilities, septic and extension of internal driveways. Paving/hard surface improvements are being kept to a minimum. It is our opinion that impact of all geologic and other hazards is minimal and has been mitigated/meets all County and Federal standards. 5. Groundwater and Aquifer Recharge Areas. 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 land, effect of sewage effluents, and the pollution of surface runoff, streamflow and groundwater. Response: Description of the physical site has been made a number of times in this application. We believe that the impacts of the proposed land -use are nonexistent or minimal. Floodplain. The Project Engineer has confirmed the location of the Floodplain. There will be absolutely no development in the Floodway. The Floodplain downstream of the subject property will not be affected. Construction of the Event Barn and any cabins will be in conformance with local and national regulations — Finish Floor elevation 1 foot above BFE. Soils and Subsoil's — ability to adequately support waste disposal. The septic system is a mounded system and is being built in compliance with all County regulations. A formal OWTS application will be made in compliance with all County permitting upon approval of the LUCP. HP Kumar has inspected the pits for suitability of septic. Wetlands. No construction is to take place in the defined Wetlands area. Wetlands have been defined by a competent professional. Slope of Land. No impact. Hillsides are not being proposed for any development act to the or any disturbance. Gianinetti Spring Creek Impact Analysis 4IPage Pollution of surface runoff, streamflow and groundwater. Operation should not cause additional pollution that would affect streamflow and groundwater. Proposed Events/Meetings will just have people enjoying themselves in passive manner and not undertaking activities such as car repair, changing oil or any commercial/industrial activities that could cause such pollution. There will be no car repairs or even any recreational activities which should generate pollution. Property owners will supervise events and take care of all debris, solid waste etc. Septic is sized to accommodate proposed events. In addition, they own porta potty's if there is ever any concern or question about capacity of septic in any particular instance. 6. Environmental Impacts. Determination of the existing environmental conditions of the parcel to be developed and the effect of development on those conditions, including: a. Determination of the long-term and short-term effect on flora and fauna; Response - Flora and Fauna: Any construction will be taking place in open areas where there are native or pasture grasses. No significant vegetation will be cut or removed. Negative effect on fauna should be minimal. No additional fences are being proposed — so wildlife should build a pass-through as they have historically done. It is our understanding, due to its location and necking down of the river area by the SH 82/133 bridge does not make it generally conducive as a major migration route. b. Determination of the effect on designated environmental resources, including critical wildlife habitat; Response: as noted above, project will stay out of Floodway and Wetland areas. We are not aware of their being any critical wildlife habitat designation for this parcel/property. c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and Response: No significant impact foreseen. Alteration of existing vegetation will be nonexistent or minimal —No attractive or hazardous nuisances are being created. No migration routes are being blocked. No other disruptions should occur. Gianinetti Spring Creek Impact Analysis SIPage No "attractive "or hazardous nuisances are being constructed. Community Event/Meetings are very transitory in nature and nobody will be utilizing or constructing any permanent structures that should degrade the area. d. Evaluation of any potential radiation hazard that may have been identified by the state or County Health Departments. Response: To our knowledge, no known radiation hazards have been identified in this vicinity. 7. Nuisance. Impact to adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response: The nature of Community Meeting/Events are such that no unusual vapor, glare or vibration should be created. These are not industrial, semi -industrial or commercial in nature. There may be some smoke created by barbecues and related activities. By its Floodplain and Bottomland nature, the area is relatively moist and dust should not be a problem (plus it is relatively protected from huge gusts of wind due to being tucked up to the base of the hill). Noise was brought up as an issue during the Pre -application Meeting. Once again, we think any nuisance impact is minimal. These Events/Meetings have been going on for a number of years and there is not a history of any complaints. The Gianinettis live adjacent to the Event venue and are intimately involved in its policing. They shut down events as appropriate — relatively early. The event barn may help in this matter as many events may take place within the Barn area or can be moved there if there is any perceived problem. We want to reemphasize that the Family has a history of supervising these Events with no problems and we trust that you feel they will continue to prevent a noise issues in this manner. 8. Hours of Operation. Events are held in daylight hours and do not occur after dark. Any gatherings after dark can utilize the Event Barn if necessary. Gianinetti Spring Creek Impact Analysis