SV-6 Spanish Valley Highway Commercial (HC) District

An ordinance creating the Spanish Valley Highway Commercial (HC) District (HC Zone) of the San Juan County Zoning Ordinance for the purpose of controlling development in the nonfederal lands in the Spanish Valley within San Juan County. See the proposed Spanish Valley Zoning Map for applicable locations and the Land Use Plan in the San Juan County Spanish Valley Area Plan (adopted April 17, 2018) for a general description. Purpose Uses Conditional Uses Special Provisions Signs Constrained Lands District Standards Subdivision Standards Streets Sidewalks and Trails Easements Drainage Water Supply Signs Purpose To provide a district where highway commercial uses along U.S. Highway 191 are permitted, as supported in the San Juan County Spanish Valley Area Plan (2018) and San Juan County General Plan (2018). Specific uses should include establishments offering goods and services to motorists, and provide for non-pedestrian-oriented retail, wholesale, service and repair activities which do not contribute to the creation of unattractive, congested and unsafe highway conditions, with access provided primarily from driveways linking to east/west arterial roads linked to U.S. Highway 191, from UDOT-approved access driveways on U.S. Highway 191 in the short-term and via anticipated frontage roads along U.S. Highway 191 in the long-term. Permitted Uses The following is a list of typical permitted uses. The list is not exclusive. Any use not specifically listed but determined by the Planning Commission to be similar in purpose, intent or use shall be permitted. • Banks and other financial institutions including savings, loan, and finance/mortgage institutions • Barber shops, beauty shops and other personal service uses • New and used automobile sales and rentals • Automobile fuel sales and associated convenience stores • Automobile service stations including minor and major auto repair work, providing all repair work is conducted wholly within a completely enclosed building. • Auto accessories, farm machinery and equipment sales • Nurseries and greenhouses • Mobile home sales • Restaurants • Groceries/ Supermarkets • Live/work units • General Retail/Services • Movie theaters and similar entertainment uses • Bowling alleys and other commercial recreation facilities • Accessory buildings and uses • New and used boat and other marine or sport equipment sales and service, • Customary accessory buildings and uses • Enclosed storage, flex-office and similar uses • Governmental facilities • Commercial, civic, institutional and business campuses • Electric vehicle charging stations, including but not limited to EV charging station, rapid charging station, battery exchange stations • Bus terminals • Day care centers, nursing or convalescent homes, and health care facilities • Retail sales and services such as building materials, hardware and farm supply outlets • Offices and related business activities • Residential units above the first floor of primary uses (owner occupied or long-term lease/rental only) Conditional Uses • Any use encompassing buildings or structures in excess of 40,000 square feet • Any project in excess of 10-acres • Small-scale, local retail and service businesses such as, cafes, green grocers, day care centers, boutiques, dry cleaners and similar goods and services o Shall only be permitted as clustered, pre-designed centers that area minimum of three -acres in extent with limited and controlled access points from the adjacent street, coordinated and shared parking, etc. • Any drive-in or drive-through uses • Truck stops shall be considered as conditional uses for the portion of the HC Highway Commercial District south of Ken’s Lake Cutoff Road only. No residential uses shall be permitted within 500 feet of this segment of the BF Zone, and no more than one truck stop shall be permitted within the BF Zone. Specific site development and environmental controls shall be established as part of the conditional use, preliminary plat and final plat approval process, with a focus on protecting the health, safety and welfare of the nearby residents and the community as a whole. All local, county, state and federal laws shall be considered as part of such review. No more than one truck stop may be located along US-191 within the San Juan County portion of the Spanish Valley. Uses Subject to the Spanish Valley Overnight Accommodations Overlay4 • Hotels and Motels • Commercial Condominiums for short-term rentals • Bed and Breakfasts (B&Bs), lodges and resorts • Commercial campgrounds • All other variations of overnight accommodations intended for nightly rentals Special Provisions • Applications for conditional uses are required to provide detailed site plan drawings (Site Plan) of their proposed use as follows: o Format size not less than 8-1/2" x 11" or greater than 24" x 36". o Precise dimension at a standard scale. o Location of all existing structures and improvements (buildings, roads, fences, ditches and canals, utility systems) and other information as required by Planning Commission. o Proposed methods of providing utility needs including water, sewer, electrical, and fuel services, vehicular access and parking, and appropriate methods for dealing with any special site problems such as storm water drainage. • No buildings used for commercial or industrial purposes shall be erected within 50 feet of an existing residential building or a residential district boundary. Buildings used for commercial and industrial purposes that are located within 100 feet of a residential district boundary shall not exceed the height limitations of the corresponding residential district. • All Highway Commercial uses must have direct frontage and/or a physical parcel connection by street to U.S. Highway 191. Sites lacking such relationships will be limited to uses and development conditions of the adjacent Spanish Valley Residential District. Lot Design Standards All development in the HC Zone shall be subject to the following lot design standards, which generally allow for a variety of uses and building types while maintaining the overall character of a highway commercial district. This approach promotes better site layout and development relationships that match existing and proposed infrastructure investments. Minimum Requirements Every building erected or installed must be located on, and every plat submitted for approval must show, a lot or building parcel that meets the minimum requirements of at 4 Ibid. least one use permitted under this chapter, based on underlying zoning and subdivision type. No minimum lot size is required in the highway commercial district. Every building and lot must have direct access to a public street or frontage road. All structures must be located on lots or parcels that provide safe and convenient access for servicing, fire protection and required on-site parking. No lot shall be approved that does not meet the minimum lot area requirements of this chapter except in the following cases: 1. Nonconforming lots 2. Public Utilities The uses and densities listed in this chapter are allowed by right unless otherwise expressly stated. Each project must comply with all of the applicable development standards of this chapter. Constrained Lands Constrained lands include lands with natural slopes greater than 30 percent, jurisdictional wetlands, lands in the 100-year floodplain, public drinking water supply sources (recharge areas for wells and aquifers), lands affected by unmitigable geo-hazards, riparian habitats, and archeological sites. Constrained lands in all HC Zone developments shall be identified on plats and remain unoccupied by buildings or impervious surfaces. Land Suitability Land deemed to be environmentally unsuitable shall not be platted for residential occupancy, or for such other commercial or industrial uses as may increase danger to health, life, or property, or aggravate erosion or flood hazard. Such land within the plat shall be restricted for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsafe living conditions. The County shall not approve the subdivision of land if it is determined that the site is not suitable for platting and development purposes. District Standards For all principal structures in the HC Zone, the front yard, side and rear yards facing the highway, other streets and within 25 feet of a residential use or residential district shall be landscaped in accordance with the requirements of the Water Efficient Landscape chapter (Chapter 7) of the San Juan County Land Use Ordinance. Subdivision Standards Applicability All plats and subdivision of land within the HC Zone shall conform to the following rules and regulations. Lot Configuration The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated and shall not be less than those specified as minimum standards by the HC Zone. The depth and width of properties shall be adequate to provide for the off-street service, parking facilities and fire/safety requirements required in the San Juan County Zoning Ordinance. Side Lot Lines Side lot lines shall be substantially at right angles to street lines unless otherwise approved by the Planning Commission. Street Frontage Required Each new lot or building tract shall front upon a public street. Double Frontage Lots Double frontage lots shall be avoided, except where essential to provide separation from traffic or to overcome specific disadvantages of topography and orientation. Flag Lots Flag-shaped or panhandle shaped lots may be created if all of the following requirements are met: 1. The lot provides access to a residential or agricultural use. 2. The lot has at least 20 feet of frontage on a dedicated public street, which frontage served as access only to the subject lot or parcel. 3. The "handle" portion of the lot is at least 20 feet in width, and not more than 250 feet in length. 4. The body of the lot meets the lot area and lot width and setback requirements of the applicable TYPE. Large Lots Where the area is divided into larger lots than for normal San Juan County building sites and, in the opinion of the Planning Commission, any or all of the tracts are susceptible to being re-subdivided, the original subdivision shall be such that the alignment of future street dedications may conform to the general street layout in the surrounding area and so that the larger tracts may be later subdivided in conformance with the requirements of this chapter and the minimum standards specified by the applicable zoning district. Streets Applicability All developers shall be required to construct streets in accordance with requirements of the San Juan County Code requirements. Street Layout Unless otherwise approved by the Planning Commission, provisions shall be made for the extension of streets. All streets shall bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties. Adequate local streets shall be provided to accommodate the subdivision and provide access to lots. The arrangement of streets in a subdivision shall either: 1. Provide for the continuation or appropriate projection to existing principal streets in surrounding areas; or 2. Conform to a plan for a neighborhood or planned unit development approved by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable or where neighborhood design makes a varied plan appropriate. Street Connections The system of streets designated for a subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivision(s); and where no adjacent connections are platted, must in general be the reasonable projection of streets in the nearest subdivided tracts, and must be continued to the boundaries of the tract subdivided, so that other subdivisions may connect therewith. Reserve strips of land controlling access to or egress from other property or to or from any street or alley or having the effect of restricting or damaging the adjoining property for subdivision purposes shall not be permitted in any subdivision unless such reserve strips are conveyed to San Juan County in fee simple. Half Right-of-Way (R.O.W.) Half streets shall be prohibited except where essential to the reasonable development of the subdivision and where the Planning Commission finds it will be practicable to require the dedication for the other half of a street when adjoining property is subdivided. Street Intersections More than two streets intersecting at a point shall be avoided, except where it is impractical to secure a proper street system otherwise. Intersections shall be as near 90 degrees as possible and in no cases shall the intersection angle being less than 60 degrees. Street Jogs Non-intersecting streets with centerline offset of less than 125 feet shall not be approved. Dead-End Streets Dead-end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets on adjacent lands that have not been platted. In cases where these types of dead-end streets are allowed, a temporary turnaround with a minimum radius of 100 feet shall be constructed. Cul-de-sacs Cul-de-sacs shall meet the San Juan County Zoning Ordinance requirements. Ordinarily, culde-sacs are discouraged as they do not result in a continuity of existing streets or streets pattern and may be used only where unusual drainage or land ownership configurations exist that make other designs impractical. Highway Access Permit A Highway Access Permit must be approved by the Utah Department of Transportation (UDOT) for each new property or subdivision with direct access to a federal or state highway. Turn lanes, frontage road(s), curb and gutter may be required along the entire highway frontage if required by UDOT. Street Design Standards Street and alley widths, curves, grades design speed and centerline radius shall meet San Juan County Zoning Ordinance requirements. Street Names and Numbers All street names shall be as established subject to approval of San Juan County Zoning Ordinance requirements. When new streets are in alignment with existing streets, any new streets shall be named according to the existing streets with which they correspond. Streets which do not fit into an established street-naming pattern shall be named in a manner which will not duplicate or be confused with existing streets within the Spanish Valley Area Plan or its environs. Street lighting Street Lighting shall conform to San Juan County Zoning Ordinance requirements. The developer shall pay the costs of purchasing and installing all street lighting equipment. Street lighting design plans shall be subject to the approval of the County Engineer. The type of equipment, method of installation and location of the wiring and light poles shall meet the minimum standards and requirements of the electric company from which electricity is to be purchased. All intersections with a major collector street shall have at least one streetlight. Sidewalks and Trails Applicability This section is intended to ensure adequate pedestrian access is available to serve uses that need and benefit from such access. If a builder or property owner believes that a proposed use does not need or benefit from pedestrian access, a written request for interpretation may be submitted to the Zoning Administrator describing the use and explaining why pedestrian access should not be required as a condition of the building permit for the proposed use. Trails Trails shall be designed as single track and multi-use trails depending on the specific need and conform to the standards in Table 6-1. Singletrack Trails Multi-use Trails CrossSlope Range 0-20% 0-10% Min. Trail Width 3' 12' Table 6-1 Trail Design Standards Min. Clearing R.O.W. Width horizontal vertical 6’ 1.5’ each 10' side of trail 15’ 1.5’ each 10' side of trail Preferred Surface Materials natural crushed asphalt concrete stone Yes Yes No No Yes Yes Yes Yes Easements Utility Easements Required Utility easements shall be required unless otherwise approved by the Planning Commission and in commercial and industrial districts. Minimum Width The minimum rights-of-way width of each utility easement shall be 5 feet or as otherwise provided according to San Juan County Zoning Ordinance requirements. Fire Lanes and Emergency Access Easements Fire lanes and emergency access easements shall be provided according to San Juan County Zoning Ordinance requirements Drainage Easements When a proposed subdivision is traversed by an irrigation ditch or channel, natural creek or stream or a proposed drainage easement, an easement shall be provided sufficient for drainage and to allow for maintenance of the drainage system. Trail Easements When a proposed subdivision is traversed by a public trail shown on an adopted plan or when the Planning Commission finds that a trail easement can better serve the proposed development than a sidewalk, a minimum 15-foot wide easement shall be provided sufficient for public trail construction, maintenance and access purposes. Adjoining Areas When easements in areas adjoining proposed subdivisions are necessary to provide adequate drainage thereof or to serve such subdivisions with utilities, the developer shall obtain such easements. Drainage Applicability Applicants shall provide, at applicant’s expense, drainage structures in accordance with the requirements of the San Juan County Zoning Ordinance requirements, which will become integral parts of the existing street or roadway drainage system. The dimensions of all drainage structures must meet San Juan County Zoning Ordinance requirements. Design shall be based on environmentally sound site planning and engineering techniques. It is especially critical that storm water management systems be designed for an entire drainage basin rather than just for specific sites. If improvements are identified and necessary downstream of the proposed development and no approved capital improvement plan exists to address the necessary improvement, the applicant shall be required to demonstrate that such existing drainage features are adequate to serve the applicant’s anticipated development and to protect the public health, safety, and general welfare at full build out under existing zoning. Where such demonstration is not made, the applicant shall be required to install such necessary improvements and may seek pro-rata reimbursement from future downstream development. Minimum Standards A. Natural and Historic Drainage Ways All historic flood and drainage ways shall be protected from alteration such that their primary function as storm water facilities shall be upheld. B. 100-Year Storm All drainage and flood control facilities shall be designed to handle the calculated difference between historic flows and the anticipated post-development 100-year frequency storms for maximum period of intensity over the entire drainage basin which the subdivision serves. The “100-year storm” referred to herein shall mean that storm run-off is calculated on the basis of a fully developed watershed. C. Erosion Where free fall of water occurs, satisfactory means shall be provided to prevent erosion of soil. Where required, culvers shall have concrete head walls and wing walls. D. Catch Basins Catch basins shall be constructed in accordance with the San Juan County Zoning Ordinance requirements. E. Engineered Design All drainage shall be designed by a Utah licensed professional engineer and approved according to San Juan County Zoning Ordinance requirements. Water Supply General New development shall provide water supply that is sufficient in terms of quality, quantity and dependability for the proposed development. In making its determination as to whether the proposed water supply meets this standard, the decision-making body shall give substantial weight to the recommendations of state, County and applicable service district authorities and their associated standards. All water systems shall be provided by or through approved water and sewer service agencies and meet all applicable requirements of the San Juan County Zoning Ordinance requirements. Municipal and District Water Systems If all or part of a proposed development is within the jurisdiction of an approved public water system, then the applicant must obtain a written certification from the public water service provider stating that it is able to provide an adequate supply of drinking water with adequate quantity, quality and sufficient pressure to meet the needs of the proposed development based on the projected water usage of the development. Individual or common wells or other private water systems shall be permitted only when the subdivision boundary is outside the jurisdiction of an approved public water system able to serve the development. Signs See Spanish Valley US-191 Highway Commercial Sign Requirements (Chapter 9)