fruita planning commission agenda date: tuesday, … · 2017-10-06 · fruita planning commission...
TRANSCRIPT
FRUITA PLANNING COMMISSION AGENDA Date Tuesday 10102017 Time 700 pm Place Fruita Civic Center 2nd Floor Council Chambers 325 E Aspen Avenue Fruita CO
The following items will be presented at this public hearing of the Fruita Planning Commission for their consideration The Planning Commission will formulate a recommendation that will be forwarded to the Fruita City Council If you have an interest in an item on the agenda please call (970) 858-0786 or come to the Community Development Department office located at 325 E Aspen Avenue to review the information in the file If you have a concern with an item on the agenda your appearance at both hearings is encouraged to ensure your concerns are accurately represented or you can write a letter detailing your concerns and submit it to the Community Development Department prior to the meetings Physically disadvantaged persons who wish to obtain information or need assistance in attending the public hearing may call (970) 858-0786 The hearing impaired may call Relay Colorado at 1-800-659-2656 or visit our website wwwfruitaorg General Rules Land use public hearings are similar to a court proceeding Proper procedures will ensure a fair hearing for all and allow the land use items to be acted on in a timely manner In the interests of time and to assure a fair hearing for everyone the following rules will be followed 1 There will generally be a 15 minute presentation (maximum) by the applicant 2 Individual speakers will normally be limited to 3 minutes each (Additional comments may be submitted in writing) 3 The applicant will then have a rebuttal time of approximately 5 minutes Each person wishing to speak will raise their hand and be recognized by the Chair and asked to come forward and speak into the microphone stating their name and address The purpose of a land use hearing is to have the facts of a case presented in a manner that will assist the decision-makers in making a fair legal and complete decision The hearing is a fact-finding forum by unbiased decision-makers Unruly behavior such as booing hissing cheering applause verbal outbursts or other inappropriate behavior detract from the hearing and will not be permitted
A CALL TO ORDER B PLEDGE OF ALLEGIANCE C AMENDENTS TO THE AGENDA
None D APPROVAL OF THE AGENDA E WITHDRAWN ITEMS
None F CONTINUED ITEMS
None G CONSENT ITEMS
Application 2017-24 Application Name Chrome Mosquito amp Pest Control Application Type Conditional Use Permit Applicant David amp Courtney Williams Location 892 St Peppin Drive Description This is a request for approval of a Conditional Use Permit to operate a Home Occupation business exceeding the standards of 1707070 B of the Fruita Land Use Code
Application 2017-26 Application Name Hager Annexation Application Type Annexation Applicant John amp Connie Hager Location 1866 J Road Zoning Requested Rural Estate (RE) Description This is a request to annex approximately 93 acres of property into the city limits of Fruita and designate a Rural Estate zone Application 2017-27 Application Name Hager Minor Subdivision Application Type Minor Subdivision Applicant John amp Connie Hager Location 1866 J Road Description This is a request for approval of a minor subdivision of approximately 93 acres into three parcels each with an area of about 3 acres Application 2017-29 Application Name Transfer Development Rights Land Use Code Amendment Application Type Land Use Code Amendment Applicant City of Fruita Description This is a request for approval of a Land Use Code Amendment to the Transfer Development Rights section of the Land Use Code APPROVAL OF MINUTES September 12 2017 Planning Commission meeting
H HEARING ITEMS None
Other Business 1 Community Development Activity Reports 2 Visitors and Guests 3 Other Business
ADJOURNMENT RULES OF PROCEDURE 1 THE HEARING IS OPENED BY THE CHAIR OF THE PLANNING COMMISSION The Chair reads the item on the agenda 2 THE PETITIONER SUMMARIZES THE PROJECT The petitioner or hisher representative is asked to present the proposal Presentations should be brief and to the point but covering all of the main aspects of the project 3 THE STAFF PRESENTS THE STAFF REPORT The Fruita City staff present their reports 4 PUBLIC COMMENTS People speaking should step up to the microphone and speak clearly stating their name and address They should be brief and to the point and try not to repeat what others have said The Chair asks for those in favor of the item to speak and then those opposed to the item to speak Any others who wish to speak are then asked to come up to the microphone 5 REBUTTAL The Chair asks for the petitionerrsquos rebuttal During this brief time the petitioner should address the major questions raised by the public and the Commission
6 THE HEARING IS CLOSED TO PUBLIC COMMENTS AND THE ITEM IS DISCUSSED The Chair closes the public hearing to public comments No further comments from the public are allowed at this time The Commission discusses the item and may ask the petitioner staff or members of the public to come back to the microphone to answer questions 7 VOTE The Chair asks the Commission for a motion on an item After the motion is seconded the Chair asks for a discussion on the motion The motion may be amended and if it is amended the Commission votes on whether to accept the amendment After discussion and consideration of any amendments the Commission votes on the motion If the motion fails or if there is a tie vote another motion may be made and voted on using the same procedure In addition to recommending an item be approved approved with conditions or denied the Commission may also table an item or continue an item to a later date 8 FOLLOW UP The Planning Commissionrsquos decision is forwarded to the Fruita City Council Once a project is approved by the City Council it must be revised to reflect all the conditions placed on it by the City Council before documents are recorded andor building permits are issued If the project fails to meet the Fruita Land Use Code time limits for final documents the project approval of the project lapses and the project must be resubmitted 9 The Planning Commission may also continue a project or deny a project At the request of the Planning Commission the City Council may continue a scheduled public hearing to allow the Planning Commission more time to consider or reconsider the application
Planning Commission Minutes September 12 2017
Page 1 of 6
Fruita Planning Commission
Tuesday September 12 2017
A CALL TO ORDER All Planning Commissioners were in attendance except for Keith Schaefer and Mel Mulder who were excused (4 Commissioners total were in attendance)
B PLEDGE OF ALLEGIANCE Whitney Rink led the Pledge of Allegiance
C AMENDMENTS TO THE AGENDA None
D APPROVAL OF THE AGENDA Heidi Jo Elder made a motion to approve the agenda as printed Dave Karisny seconded the motion 4 Yes Votes motion passes to approve the agenda
E WITHDRAWN ITEMS None
F CONTINUED ITEMS
None
G CONSENT ITEMS Doug Van Etten read the Consent Agenda as follows
Application 2017-20 Application Name Gregg Re-Zone Application Type Re-Zone Applicant Patricia Gregg Location 733 Highway 6 amp 50 Current Zone Downtown Mixed-Use (DMU) Description This is a request for approval of a re-zone application from Downtown
Mixed-Use Zone to a General Commercial zone Application 2017-23 Application Name Little Hands Preschool Application Type Conditional Use Permit Applicant Rebecca Carlile Location 327 E Lexington Way Zoning Community Residential Description This is a request for approval of a Conditional Use Permit application to
allow up to 12 children in a home based child care business
Planning Commission Minutes September 12 2017
Page 2 of 6
Application 2017-21 Application Name Wills Annexation Application Type Annexation Applicant City of Fruita Location 1115 18 Road Description This is a request for approval to annex approximately 478 acres into the
City Limits and designate a Community Services and Recreation zone APPROVAL OF MINUTES August 8 2017 Planning Commission meeting Doug Van Etten asked if there was anyone in the audience who would like to remove an item from the Consent Agenda and present it as a Hearing Item No Item was requested to be moved from Consent to Hearing but the Planning Commission allowed Dave Dolan to discuss the Gregg Re-Zone application and how he feels about that project Dave Dolan agrees with the re-zone application and would like to re-zone his property as well and asked for his fee to be waived when he submits his re-zone application Mr Dolan feels that his property (873 E Highway 6 amp 50) like Patricia Greggs property (733 Highway 6 amp 50) was re-zoned by the City without them knowing about it Doug Van Etten asked Dahna for a brief history of this issue Dahna read the first page of the Gregg Re-Zone Staff Report Dahna also explained that the City has a designated posting location for projects like re-zones that incorporate most of the city limits Instead of sending postcards to everyone in the city limits the city posts its public notice in the designated posting location as adopted by City Council Heidi Jo Elder made a motion to approve the Consent Agenda Whitney Rink seconded the motion 4 Yes Votes Consent Agenda is approved
H HEARING ITEMS Doug Van Etten read the Hearing Item as follows
Application 2017-19 Application Name Peach House VRBO Application Type Conditional Use Permit Applicant Kristy Driver Location 223 N Peach Street Zoning Community Residential Description This is a request for approval of a Conditional Use Permit application
to operate a Bed amp Breakfast (Vacation Rental by Owner) in a Community Residential zone
Planning Commission Minutes September 12 2017
Page 3 of 6
Doug Van Etten asked the applicant for their presentation Kristy Drive gave her presentation Kristy and her husband Mike have multiple properties in Fruita that operate as VRBOrsquos Kristy explained that they are selective as to who they allow to stay in their houses which would apply to the Peach House as well Kristy described the property and the house Kristy said that it is a residential house and they plan to fix it up and keep the residential character Henry Hemphill (Planning Technician) gave the Staff presentation Henry touched on a few points The applicants meet all approval criteria that must be considered for approval of a Conditional Use Permit application to operate a Bed amp Breakfast in a Community Residential zone They meet the off street parking requirements they donrsquot plan to change the residential character of the dwelling unit this is supported by the properties they own and use as VRBOrsquos in the city limits no written public comments had been received at this time Mr Hemphill mentioned the reason this project is presented as a Hearing Item is due to the Cities amp Towns week presented by the City of Fruita Mr Hemphill gave a presentation on VRBOrsquos for the Cities amp Towns week and followed up the presentation with the public hearing process with the Peach House conditional use permit application PUBLIC COMMENTS Catherine Beeman (273 N Peach Street) - Catherine feels very strongly that this is a neighborhood and not a business she does not support this project Mary Cordova (261 N Peach Street) ndash Mary feels that this is a safe neighborhood with tradition and feels that this business should not be allowed to be in the neighborhood Rachel Martinez (242 N Peach Street) ndash Said she was opposed to the whole thing Opposed to the Bed amp Breakfast there Ray Cordova (261 N Peach Street) ndash Has lived here since 1970 Opposes the projects Mr Cordova explained that it gets very busy when the City has the festivals in town and feels that this use would increase the traffic Feels this would add stress to the neighborhood Barbara OrsquoConnor (229 N Peach Street) ndash Barbara asked the applicants exactly what would be their house rules and how they plan to run their operations Would there be pet restrictions Noise limits or restrictions Limit to the number of people Who could she contact if there was a problem REBUTTAL
Planning Commission Minutes September 12 2017
Page 4 of 6
Doug Van Etten asked the applicant to come up and address the questions Mrs OrsquoConnorrsquos had for them Kristy Driver said they plan to have rules that would be in compliance with City ordinances or more restrictive It would be quiet time after 9pm and to be respectful of the neighbors Mrs Driver said they try to give their contact info to all the neighbors so they know who to contact if there are issues The Drivers do their best to make good relationships with the neighbors so that if there is an issue they will call them instead of the police first There is no tolerance for loud noises or barking dogs The number of dogs is limited to 2 The house can sleep six but the plan is to limit it to four people unless there are young children then it would be increased to six people There is enough room for 1 car in the garage and 3 in the driveway Doug Van Etten asked the Driverrsquos how they market their property and if they get reviews from their renters Kristy said they do get reviews from their renters but that they also get to review their renters So if itrsquos a bad renter they would get a bad rating This allows property owners to see who they are renting to and if they will be good or bad or what their issues were in the past Kristy said they strive for 5 star review every time Dave Karisny asked the Driverrsquos how they could be contacted by the neighbors if an issue did come up and how the Drivers have tried to reach out to the neighbors Kristy said they would be happy to hand out their business cards to the neighbors tonight Dave Karisny suggested that the Driverrsquos hold a neighborhood meeting to help answer questions and give out their contact info as needed The Driverrsquos said the will be doing that There was some discussion between the Driverrsquos and the audience that had wanted to ask questions It was hard to hear because they werenrsquot speaking into a microphone But the summary of the discussion was that the Driverrsquos care about their guests and feel very passionate about their community and letting others experience the community the ways its meant for Doug Van Etten made a strong point that if the Driverrsquos hold a neighborhood meeting the neighborhood should also support that and attend the meeting Instead of arguing back and forth at a public hearing the issues brought forth tonight could be discussed at a neighborhood meeting PLANNING COMMISSIONER COMMENTS Heidi Jo Elder- Heidi said that this type of use should not look or act like a business If we were to drive by we shouldnrsquot be able to tell there is a business in this home It should contain the
Planning Commission Minutes September 12 2017
Page 5 of 6
business aspect Mrs Elder also talked about how nice the Driversrsquo other properties are and that you wouldnrsquot be able to tell that they are being used as VRBOrsquos Dave Karisny- Dave talked about how the City of Fruita has no way of monitoring properties used for rentals that are monthly And that these properties can be tough to control because there is no way of having approval criteria like we do for short term rentals like the VRBOrsquos With the process and approval criteria the City requires for Conditional Use Permits for short term rentals it is much easier for the landlord to be involved Dave mentioned he would enjoy having the Driverrsquos in his neighborhood Dave strongly encouraged a neighborhood meeting between the Driverrsquos and the neighborhood to help better understand what they plan on doing Dave mentioned that it seems very clear that the neighbors want the neighborhood to be protected That is what the Conditional Use Permit is in place for is to protect surrounding property owners Also this process wasnrsquot meant to commercialize neighborhoods Dave again encouraged the neighbors to meet with the applicants sometime before the City Council meeting Dave said the applicants have met the approval criteria that must be considered Dave understands what the concerns from the neighborhood are but also must look at the approval criteria in order to make a decision as a Planning Commissioner Whitney Rink ndash Whitney understands that VRBOrsquos are almost everywhere now and each city and neighborhood has its issues Whitney also pointed out that the people who chose to use a VRBO as opposed to a hotel are wanting that home town feel for where they are staying It is a misconception that when people stay at a VRBO that they are going to party and keep the neighbors up all night Whitney understands that potential renters are looking for good reviews and curb appeal Not all properties are created equal meaning not all properties are going to be desirable or even used all the time Plus not all property owners are the same some may not be close to the rental property and some may be close in case of any issues VRBOrsquos have their differences Whitney feels that itrsquos a good sign that the Drivers have already started to enhance the curb appeal of the property Whitney also thinks a neighborhood meeting would be a great for the neighbors to help them understand what they plan to do and how they plan to run their business Doug Van Etten asked for any further comments No comments were given so he asked for a motion Dave Karisny ndash Because the approval criteria for the Conditional Use Permit and all Supplemental Zoning Standards and Regulations either are or can be met the Planning Commission recommends approval of the proposed Bed amp Breakfast but would strongly encourage the applicant to set up a neighborhood meeting prior to the Fruita City Council hearing this on October 3rd Whitney Rink Seconded the motion 4 Yes Votes Motion passes to recommend approval of application 2017-19
Planning Commission Minutes September 12 2017
Page 6 of 6
I COMMUNITY DEVELOPMENT ACTIVITY REPORT Dahna Raugh mentioned that the Planning Commissioners throughout the valley along with all the Planning Directors are scheduling a Planning Commissioner Training for the grand valley Dahna asked the Planning Commissioners if they had any topics they would like to talk about
J VISITORS AND GUESTS Mr and Mrs Sloane (1119 18 Road) had some comments and concerns about the project(s) going on at the Little Salt Wash Park and with the recent purchase of 1115 18 Road and wanted to know what the Cityrsquos plans were for that property (1115 18 Road) They want to know what the city is going to do about the security of their property and the security of the Little Salt Wash Park They are afraid that the City of Fruita will take their property away from them Dave Karisny reassured them that the City of Fruita would not just take their property from them Doug Van Etten reaffirmed them that the Planning Commissioners are a recommending body to the City Council and that if they have major concerns they would need to present them to the City Council
K OTHER BUSINESS None
Adjournment at 820 pm Respectfully submitted Henry Hemphill City of Fruita Planning Technician
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Community Development Department Staff Report
October 5 2017
Application 2017-24 Project Name Chrome Mosquito amp Pest Control Application Conditional Use Permit Property Owners David and Courtney Williams Representative same Location 892 St Peppin Drive Zone Planned Unit Development Request This is a request for approval of a Conditional Use Permit for
a home occupation that exceeds the home occupation standards
Project Description This is a request for approval of a Conditional Use Permit (CUP) for a home occupation at 892 St Peppin Drive for Chrome Mosquito and Pest Control Section 17070070B of the Land Use Code sets out the standards for home occupations A home occupation exceeding the standards of this section requires approval of a CUP The pesticide storage associated with this business exceeds the basic home occupation standards Surrounding Land Uses and Zoning The subject property is surrounded by single family detached residential land uses in a Planned Unit Development (PUD) zone to the north east and west and a Community Residential (CR) zone to the south
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LOCATION AND ZONING MAP
2012 AERIAL PHOTOGRAPH
Review of Applicable Land Use Code Requirements HOME OCCUPATIONS As per Section 1707070B of the Land Use Code a home occupation is a commercial or business use within a dwelling unit by the residents thereof which is incidental or secondary to the principle use of the dwelling for residential purposes The purpose of this section is to allow commercial ventures which by
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the nature of the venture are appropriate in scale and intensity of use to be operated within a dwelling Home occupations require a City of Fruita Business License and any other local state or federal permits that may be required Two types of home occupations are authorized by this Code 1) home occupations meeting the standards of this section as provided below are permitted outright and 2) home occupations exceeding the criteria or standards of this section may be permitted subject to approval of a CUP 1 Outdoor Storage and Display
a All materials vehicles inventory products equipment fixtures and activities associated with the home occupation (ie that exceed what is customary for a single-family residence) shall be fully enclosed in a structure that complies with applicable building and land use codes The owner is responsible for verifying building code compliance when no Planning Clearance is required Oversized vehicles or equipment on properties over two acres in size are exempt from this requirement but must meet the requirements of Section 1707060K4
b On-site storage of hazardous materials (including toxic explosive noxious combustible or flammable materials) beyond those normally incidental to residential use is prohibited
Staff understands that all materials vehicles inventory products equipment fixtures and activities associated with the home occupation will be fully enclosed in the dwelling unit and no oversized vehicles are associated with the business at this location Pesticides a potentially hazardous material will be stored at this location and this is the only standard of this section that is exceeded by this home occupation During a routine inspection of new home occupations the cityrsquos Codes Compliance Officer and the local Fire Marshal determined that the pesticide storage associated with this business exceeds this standard regarding hazardous materials The Fire Marshalrsquos review comments recommend that the pesticides be stored in a locked hazardous material storage cabinet which meets the requirements of NFPA 30 and be FM or UL approved The cabinet should be green in color and labeled ldquoPesticidesrdquo An NFPA 704 ldquoIdentification of Hazards of Materials for Emergency Responserdquo placard should be located on the garage door that can be read from the street should be installed The most hazardous ratings shall be used in the appropriate diamond
2 Vehicles Parking and Traffic
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a The home occupation site shall not be used as a dispatch for
employees or vehicles to other locations beyond that which is customary for a residential use
b There shall be no commercial vehicle deliveries to the home
occupation during the hours of 900 pm to 700 am c There shall be no more than one (1) client or customer vehicle
at any one time and no more than eight (8) per day at the home occupation site
d The home occupation shall not adversely affect traffic flow and
parking in the neighborhood
Staff understands that commercial vehicle deliveries to this business are expected to be about twice a month No dispatch of vehicles or employees takes place at the location of the home occupation and no clients are expected to visit the business at this location No discernable affect on traffic is expected
3 Business Hours There shall be no restriction on business hours except that clients or customers are permitted at the home occupation from 700 am to 900 pm only Monday through Friday
No clients or customers are expected to visit this business at this location According to the project narrative the only business conducted at the property is taking phone calls and processing paperwork
4 Prohibited Home Occupation Uses
a There shall be no advertising display signage or other indication of the home occupation on the premises other than that which is allowed by the applicable zone for residential uses as provided for in the Sign Code in Chapter 1741
b Any activity that produces radio TV or other electronic
interference noise glare vibration smoke or odor beyond allowable levels as determined by local state or federal standards or that can be detected beyond the property line is prohibited
c Any activity involving on-site retail sales including garage sales exceeding the thresholds of a temporary use is prohibited except that the sale of items that are incidental to a permitted home occupation is allowed For example the sale
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of lesson books or sheet music from music teachers art or craft supplies from arts or crafts instructors computer software from computer consultants produce or crafts produced on-site and similar incidental items for sale by home business is allowed pursuant to this Section
d Any activity that may produce wastes not typically associated
with residential use of the property e The following uses are specifically excluded as permitted
home occupations sexually oriented businesses car truck or heavy equipment repair medical dental tattoo body piercing or other similar personal service that creates biohazard wastes as a typical part of the service provided
No advertising signage or other indication of the home occupation associated with this business is expected no activity that produces radio TV or other electronic interference noise glare vibration smoke or odor is expected on-site sales are not associated with this business no atypical wastes are expected and this proposed home occupation business is not one that is specifically prohibited by this section of the Code
Based on this information this proposed home occupation meets or can meet all the standards of this section CONDITIONAL USE PERMITS A conditional use is defined as a use which because of its unique or varying characteristics cannot be properly classified as an allowed use in a particular zone district As provided for in Section 1713040 of the Land Use Code after due consideration of the impact upon neighboring land and of the public need for the particular use at a particular location such conditional use may or may not be approved Section 1713040 Conditional Uses of the Land Development Code requires that a conditional use be approved ldquoprovided the City Council finds as followsrdquo 1 The proposed use is consistent with the provisions and purposes of
this Title with the purposes of the zone in which it is located and with the citys Master Plan
If the recommendations of the Fire Marshal and the requirements of the
home occupation section of the Code (reviewed above) are followed this
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proposed CUP will be consistent with the provisions and purposes of the Land Use Code the PUD zone in which it is located and the cityrsquos Master Plan The Land Use Code is one of the primary documents used to implement the goals and policies of the cityrsquos Master Plan
2 The proposed use is compatible with existing and allowed uses
surrounding or affected by the proposed use pursuant to the criteria in Section 1707080
If the requirements for home occupations as specified in the Land Use
Code are met this proposed home occupation should be compatible with the existing and allowed uses in the area
3 The proposed use will not materially endanger the public health or
safety and If the recommendations of the Fire Marshal are met the proposed home
occupation is not expected to materially endanger the public health or safety
4 Public services and facilities including but not limited to
transportation systems wastewater disposal and treatment domestic water fire protection police protection and storm drainage facilities are adequate to serve the proposed use
The need for and use of public facilities and services are not expected to
be above what is needed and used for any other dwelling unit The proposed home occupation is not expected to affect public services and facilities
Based on this information this proposed Conditional Use Permit meets or can meet all approval criteria that must be considered for Conditional Use Permits Review Comments The only review comment received is from the Lower Valley Fire Protection District and is included with this Staff Report Public Comments No written public comments have been received regarding this application Staff Recommendation
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Because the development meets or can meet all approval criteria that must be considered for a Conditional Use Permit staff recommends approval with the condition that the review comment from Lower Valley Fire Protection District is adequately resolved within three months of City Council approval Fruita Planning Commission (October 10 2017) Fruita City Council (November 7 2017)
168 N Mesa St Fruita Co 81521 970-858-3133 970-858-7189 fax
dpippengerlvfdfireorg Office of the Fire Marshal
August 24 2017 Community Development Department 325 E Aspen Avenue Fruita CO 81521 Re 2017-24 Chrome Mosquito amp Pest Control CUP Review Comments The chemicals need to be stored in a locked hazardous material storage cabinet which meets the requirements of NFPA 30 and be FM or UL approved The cabinet should be green in color and labeled ldquoPesticiderdquo An NFPA 704 ldquoIdentification of the Hazards of Materials for Emergency Responserdquo placard shall be located on the garage door that can be read from the street shall be installed The most hazardous ratings shall be used in the appropriate diamond A copy of the 704 Standard is available for viewing at the fire station Richard Pippenger Fire Marshal
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Community Development Department Staff Report
September 25 2017
Application 2017-26 amp 27 Project Name 1866 J Road Subdivision Application Annexation and Minor Subdivision Property Owner John and Connie Hager Representative Austin Civil Group Inc Location 1866 J Road Zone Currently zoned AFT (Agricultural Forestry Transitional) in Mesa County Request This is a request to annex the subject property into the City
of Fruita with a Rural Estate zone and a request to approve a Minor Subdivision consisting of three lots
Project Description The subject property contains approximately 93 acres of land and is located on the north side of J Road east of the high school The applicants are requesting that the property be annexed into the City of Fruita with a Rural Estate zone along with a subdivision to create three lots measuring each approximately three acres in size There is a house existing on the southwest side of the subject property that is intended to remain on one of the new lots to be created Access to the two lots proposed on the west side of the property is intended to be from a shared driveway off of J Road The east lot will take access from Rich Avenue an undeveloped right-of-way bordering the east property line Surrounding Land Uses and Zoning The subject property is bordered on three sides by Agricultural Forestry Transitional (AFT) zoning in the County and on the east by Rural Estate (RE) zoning in the city The property is surrounded by large lot residential and limited agricultural land uses
W2017 Projects2017-27 Hager Minor SubdivisionStaff ReportHagardoc 2
LOCATION AND ZONING MAP
2012 AERIAL PHOTOGRAPH
Review of Applicable Land Use Code Requirements ANNEXATION Section 1706040 of the Land Use Code sets out the criteria that must be considered for annexation requests The property is within the Citys Urban Growth Area
W2017 Projects2017-27 Hager Minor SubdivisionStaff ReportHagardoc 3
Section 1706040A1 of the Code states that if the property is located within the Citys Urban Growth Area as identified by the Fruita Community Plan annexation may be approved only after considering the following criteria a The annexation meets the requirements of the State Statutes
This annexation request can meet the requirements of state laws If Rich Avenue an existing but undeveloped right-of-way along the east property line (dedicated to the public in 1890) is annexed first then the subject property will have 16th its perimeter touching existing city limits as required by state law and as shown on the Annexation Map provided by the applicants Staff is working on the Rich Avenue annexation which is expected to be on the Planning Commissionrsquos November agenda The subject property is within Fruitas Urban Growth Area and is enclaved by the city limits The citys Master Plan identifies this area for urban development All required public services and facilities are available to the property including sanitary sewer service A community of interest exists between the area proposed to be annexed and the City of Fruita and the property is capable of being integrated into the urbanizing area This criterion has been met These issues are discussed in more detail below
b The area is or can be efficiently served by city utilities and capital
investments including water sewer parks drainage systems and streets Because the subject property is within the citys Urban Growth Area and is enclaved by the city it can be efficiently served by city utilities and capital investments All required utilities are readily available to the property with the exception of public sewer service but the lots will support on-site wastewater treatment systems (septic tank and leach fields) J Road provides the primary access to the property There also are public parks trails and schools within frac12 mile of the property This criterion has been met
c The area is contiguous with existing urban development Although not contiguous with existing urban development the subject property is enclaved by the city limits is within the cityrsquos Urban Growth Area and urban development exists within 800 feet of the subject property (Fruita schools and the Wildcat Subdivision to the west) This criterion substantially has been met
d The area is or can be efficiently served by police and other municipal services
W2017 Projects2017-27 Hager Minor SubdivisionStaff ReportHagardoc 4
Because access to the property is enclaved by the city limits and all
required utilities are currently available the property can be efficiently served by police and other municipal services The only exception is public sewer service but the lots can support on-site wastewater treatment systems (septic tank and leach field) This criterion has been met
e The development is consistent with community goals principles and policies as expressed in the Fruita Community Plan This annexation request can comply with the criteria that must be considered for annexations as identified in the Land Use Code if Rich Avenue is annexed first The Land Use Code is one of the primary documents used to implement the Master Plan and the Fruita Community Plan is a significant part of the citys Master Plan This criterion can be met
f The annexation is supported by local residents and landowners At this time staff has received no written comments that would indicate
that this annexation is not supported This criterion has been met g Water and ditch rights can be provided as applicable in accordance
with city policies It appears that water and ditch rights can be provided in accordance with
city policy This criterion has been met h The area will have a logical social and economic association with the
city and Because the property is enclaved by the city limits the property has a
logical social and economic association with the city This criterion has been met
i The area meets or can meet the existing infrastructure standards set
forth by the city The subject property as it exists meets the citys infrastructure standards Development of the property must meet the citys infrastructure standards and staff has no reason to believe that the standards cannot be met To help ensure that infrastructure can be constructed in this area without great difficulty staff recommends that 14-foot wide multi-purpose easements be provided along the public streets which includes both J Road and Rich Avenue
W2017 Projects2017-27 Hager Minor SubdivisionStaff ReportHagardoc 5
This criterion can be met
Based on this information the annexation of the subject property meets or can meet the approval criteria that must be considered for annexations It should be noted that there are no current aspects of the property that would be considered legal non-conforming (aka grandfathered) after the annexation is completed
Based on this information the subject property meets most approval criteria that must be considered for annexations if Rich Avenue is annexed first and multi-purpose easements 14- feet wide are provided along both J Road and Rich Avenue REZONE Section 1713060 Amendment to the Official Zoning Map (Rezone) of the Land Use Code states that the Official Zoning Map may be amended when the following findings are made 1 The proposed amendment is compatible with surrounding land uses
pursuant to Section 1707080 and is consistent with the citys goals policies and Master Plan and
2 The land to be rezoned was previously zoned in error or the existing
zoning is inconsistent with the citys goals policies and Master Plan or
3 The area for which the amendment is requested has changed
substantially such that the proposed zoning better meets the needs of the community or
4 The amendment is incidental to a comprehensive revision of the
citys Official Zoning Map which recognizes a change in conditions and is consistent with the citys goals policies and Master Plan or
5 The zoning amendment is incidental to the annexation of the subject
property and the proposed zoning is consistent with the citys goals policies and Master Plan
The applicants have requested Rural Estate (RE) zoning for the property which is incidental to the annexation of the property The Rezone request is not due to a zoning error or a substantial change to the area in which the property is located Nor is this Rezone the result of a comprehensive revision of the Citys Official Zoning Map
W2017 Projects2017-27 Hager Minor SubdivisionStaff ReportHagardoc 6
According to the Land Use Code the purpose of the RE zone is to preserve the natural and agricultural landscape as a transition between the Rural Residential (RR) and Agricultural Residential (AR) and the community separator through minimum requirements and incentives for rural land preservation and clustered residential lots Although the cityrsquos Master Plan recommends Community Mixed Use (CMU) zoning for this area the RE zone is the zone that currently most closely matches the existing zoning and land uses in the area and the existing and intended land uses for the subject property CMU type of development is not feasible at this time because public sewer service is not available to allow development of lots less than three acres in size Staff believes that the cityrsquos Master Plan supports the requested RE zone or other low density residential zoning for the property in the short term to resolve potential issues of compatibility with existing land uses and zoning There do not appear to be any non-conforming issues created with a RE zoning for the subject property It should be understood that as the urban development process continues in and around the City of Fruita urban development is expected in this area which would make the RE zone incompatible with future development contrary to the Citys Master Plan Based on this information the requested RE zone is compatible with existing surrounding land uses and can be considered consistent with the Citys goals policies and Master Plan with the understanding that urban development is expected in this area in the future Based on this information the requested RE zone meets or can meet all approval criteria that must be considered for a Rezone MINOR SUBDIVISION The proposed subdivision is classified as a Minor Subdivision by Section 1715040 Classification of Subdivisions and General Procedures of the Land Use Code because no more than three new buildable lots are to be created and all required public facilities and services currently are available to the property There are no specific approval criteria that must be considered for Minor Subdivisions but all city requirements must be met The following is a review of some of the concerns regarding this subdivision Access to J Road is limited to a shared driveway for the two lots on the west side and a driveway from Rich Avenue No improvements to J Road or Rich Avenue are recommended
W2017 Projects2017-27 Hager Minor SubdivisionStaff ReportHagardoc 7
J Road is identified on the cityrsquos Master Plan as a Major Collector roadway which requires a 70-foot wide right-of-way Because the right-of-way in this area for J Road is only 60 feet wide an additional five feet of right-of-way must be dedicated for J Road When the property to the south develops another five feet of right-of-way is expected to be acquired for a total right-of-way width of 70 feet Rich Avenue is an existing 40-foot wide but undeveloped right-of-way bordering the east side of the property and is in the 18 frac34 Road alignment The cityrsquos Master Plan identifies 18 frac34 Road as a Minor Collector roadway with a 60-foot wide right-of-way so an additional 10 feet of right-of-way is needed along the east property line to accommodate this future collector roadway To accommodate provision of public utilities in this area 14-foot wide multi-purpose easements are required adjacent to both J Road and Rich Avenue To accommodate provision of irrigation water to this and future developments an irrigation easement at least 20-feet wide is needed along the north property line where an existing irrigation ditch is located Section 1707080 of the Land Use Code requires that a proposed development be compatible with adjacent properties considering both existing and potential land uses on adjacent properties For all land uses ldquocompatibilityrdquo is provided when a proposed land use can coexist with other existing uses in the vicinity without one use having a disproportionate or severe impact on the other use(s) The city decision-making body may consider other uses existing and approved and may consider all potential impacts relative to what customarily occurs in the applicable zone and those which are foreseeable given the range of land uses allowed in the zone The review authority may require conditions of approval to promote compatibility between a proposed use and existing uses in the vicinity to ensure compatibility It appears that the subdivision of the subject property into three lots of approximately 3 acres each is similar to and compatible with the existing surrounding development There were no significant concerns from reviewers It appears that this Minor Subdivision meets or can meet all city requirements if all issues identified in this Staff Report and all review comments are adequately resolved before the final plat is recorded Impact fees applicable to this development include a Traffic Impact Fee (currently $3200 per lot) a School Land Dedication Fee (currently $920 per lot) a Parks Open Space and Trails Fee (currently $1860 per lot) and a Drainage Impact Fee which is calculated based on the amount of new stormwater drainage expected to be directed to the public drainage system as a result of the proposed subdivision A drainage report or letter is required from the applicants in order to calculate this fee These fees can be paid either before the plat is recorded or paid before a house is permitted to be built on each lot If the impact fees are
W2017 Projects2017-27 Hager Minor SubdivisionStaff ReportHagardoc 8
deferred until the time a house is built the fees required to be paid will be the fees in effect at that time Review Comments All review comments received are included with this Staff Report All review comments must be adequately resolved before the annexation is finalized andor before the plat is recorded Public Comments No written public comments have been received regarding these annexation zoning and subdivision land development applications Staff Recommendation Annexation Because the property meets or can met all state and local requirements for annexation staff recommends approval of the annexation with the condition that Rich Avenue is annexed first and 14-foot multi-purpose easements are provided adjacent to both J Road and Rich Avenue Zoning Because the requested Rural Estate zoning meets all requirements for a change to the Official Zoning Map (Rezone) staff recommends approval of the Rural Estate zone with no conditions Minor Subdivision Because the Minor Subdivision meets or can meet all requirements for a Minor Subdivision staff recommends approval of the proposed subdivision with the condition that all review comments and issues identified in the Staff Report be adequately resolved before the plat is recorded Fruita Planning Commission (October 10 2017) Fruita City Council (November 7 2017)
CITY OF FRUITA CITY ENGINEER amp PUBLIC WORKS REVIEW SHEET
W2017 Projects2017-27 Hager Minor SubdivisionReview CommentsCity Engineerdocx 092117 1
PROJECT Hager Subdivision1866 J Road Sub Petitioner John amp Connie Hager 250-7040 Mark Austin 242-7540 Reviewer Sam Atkins Date September 21 2017 REVIEW TYPE X Minor Subdivision ___ Major Subdivision (Check One) ___ Lot Line Adjustment Final Plat Site Design Review Conditional Use Permit Other PUD REVIEW COMMENTS
1 General This application is for a Minor Subdivision located at 1866 J Road The plan proposes 3 Lots of approximately 3 acres in size on a total property of 93 acres
2 Plat a Provide an irrigation easement (20 or more) along the north line of the subdivision for the existing ditch b After review of the street section standards Rich Avenue is on the 18 34 Road alignment The future road right of way for Rich should be 60-ft A dedication of 30-ft from the section line is required along Rich Avenue Also J road is a Major Collect and is required to have a 70-ft right of way and therefore 35-ft should be dedicated from the section line for J Road 14-ft MPEs should then be dedicated along each right of way This will not affect the ability to serve this property with ISDS should the lots become less than 3 acres
3 Site Plan a This zoning does not require paved driveways but does require that an apron be paved in either asphalt or concrete from the existing roadway to the new right of way line for both accesses
4 Drainage LetterReport a No drainage Letter or Report was provided A calculation of the total 100-year runoff and the
Rational Method runoff coefficients (pre- and post-development) shall be provided in order to determine the Drainage Impact Fee
5 Impact Fees
a Impact Fees may be assessed based on fee schedule in place at the time of planning clearance The following impact fees will be applicable Parks Open Space and Trails Fee Drainage Impact Fee Transportation Impact Fee School Land Dedication Fee
CITY OF FRUITA CITY ENGINEER amp PUBLIC WORKS REVIEW SHEET
W2017 Projects2017-27 Hager Minor SubdivisionReview CommentsCity Engineerdocx 092117 2
RECOMMENDATION
The Engineering and Public Works Departments recommend approval of this Minor Subdivision provided review comments are adequately addressed
From Jim DaughertyTo Henry HemphillSubject RE For your reviewDate Tuesday September 12 2017 111656 AMAttachments image001png
2017-26 Hager Annexation bull No objectionbull ALL FEES AND POLICIES IN EFFECT AT TIME OF APPLICATION WILL APPLYbull If you have any questions concerning any of this please feel free to contact Ute Water 2017-27 Hagar Minor Subdivision bullThe water main in J Rd is a Contract Water Line (CWL) assessments for the CWL will need to be paidprior to wet tap or tap and meter salesbull No objectionbull ALL FEES AND POLICIES IN EFFECT AT TIME OF APPLICATION WILL APPLYbull If you have any questions concerning any of this please feel free to contact Ute Water
From Henry Hemphill [mailtohhemphillfruitaorg] Sent Monday September 11 2017 311 PMTo Mary Sparks (maryspgjcityorg) ltmaryspgjcityorggt Mark Barslund (markbgjcityorg)ltmarkbgjcityorggt Phil Onofrio (philonofriod51schoolsorg) ltphilonofriod51schoolsorggtTim Ryan lttimadmingvddorggt Jim Daugherty ltjdaughertyutewaterorggt Xcel Energy(michaeleasterxcelenergycom) ltmichaeleasterxcelenergycomgt gvicsprynetcomsegodfreysurveygvddorg edsandslawofficecom dustiesandslawoffice com(dustiesandslawofficecom) ltdustiesandslawofficecomgt Dick Pippengerltdpippengerlvfdfireorggt arthurvaldezchartercom Ken Haley ltkhaleyfruitaorggt Sam Atkinsltsatkinsfruitaorggt Mark Angelo ltmangelofruitaorggt Dave Krouse ltdkrousefruitaorggtSubject For your review Two projects for your review please Annexationhttpwwwfruitaorgcdpage2017-26-hager-annexation Minor Subdivisionhttpwwwfruitaorgcdpage2017-27-hagar-minor-subdivision
Comments Due by October 2 2017 Henry HempHill planning TecH ciTy of fruiTa 970-858-0786