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Home My WebLink About4.0 Resolution 2007-3211101k1 1140.ILViii. P'WYW AII161111 0011 Wilk i "HI I Reception #: 721184 04116!2007 04:58:46 PM B :1915 P0639 Jean Alberico 1 of 6 Rea Fee:$0.00 Doc Fee: GPRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 2nd day of April A.D. 2007, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Jean Alberico Ed Green (Absent) Conunissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 20 0 7- 3 2 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR A TEN LOT SUBDIVISION KNOWN AS `BIG R COMMERCIAL PARK" AND PROPERTY OWNED BY BIG R ENTERPRISES, LLC, GARFIELD COUNTY PARCEL NO# 217711100475 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Big R Enterprises, LLC to subdivide a 32.36 -acre property into 10 commercial lots and which property is located in a portion of Section 11, Township 6 South, Range 93 West of the Sixth P.M., Garfield County; and WHEREAS, the subject property is located in the Commercial General Zone District; and WHEREAS, on February 14, 2007 the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, on April 2, 2007, the Board of County Commissioners opened a public hearing upon the question of whether the Preliminary Plan should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Preliminary Plan; and 1 • 1141 1015I I +.11 I' i ii•!417,14. Nf .Ihi 11 II I Reception #: 721184 04116/2007 04:58.46 PF1 6:1915 P:6545 Jean Rlberico 2 of 6 Rec Fee.$0.00 Doc Fee: GRRFIELD COUNTY CO WHEREAS, the Board of County Commissioners closed the public bearing on April 2, 2007 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning and Zoning Conunission and before the Board of County Commissioners. 2. That the public hearings before the Planning and Zoning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended. 6. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the Preliminary Plan request is approved with the following conditions: 1. All representations of the applicant, either within the application or stated at the Planning Commission or Board of County Commissioners hearings, shall be considered conditions of approval. 2. Prior to Final Plat approval, the Applicant shall obtain and maintain valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the District's temporary substitute supply plan. 3. The Applicant shall submit an ISDS operation and maintenance plan which is adequate and consistent with other commercial approvals for a non- discharging system for the proposed subdivision prior to approval of the Final Plat. All ISDS must be designed by a Registered Professional Engineer in the State of Colorado and are for domestic waste only. An initial 2 • ill! Pid h't1Ji`,ti' if' •i Ill Reception #: 721184 04116!2007 04 :68:46 PM 8:1915 P 0541 Jean Rlber =co 3 of 6 Rec Fee:$0.00 Doc Fee_ GARFIELD COUNTY CO attempt shall be made to identify projected ISDS uses and all upgrades shall require a separate septic permit at the time of new building permit issuance. 4. The Applicant shall be required to develop a covenant prohibiting the discharge of any caustic materials or heavy metals prior to approval of the Final Plat. 5. The Applicant shall submit and gain approval of a City of Rifle Watershed Permit, and submit said permit to the Garfield County Building and Planning Department prior to BOCC approval of the Final Plat. 6. The Applicant shall create a Lot Owner's Association (LOA) and covenants to address in detail all future interior road maintenance of the proposed subdivision and modifications to the approved access permits in the Colorado Department of Transportation ROW clue to increases in ADT. All documentation regarding the LOA and the allocation of payment and the responsibility and how such costs will be allocated within the lot owners for the CDOT improvements of the internal road shall be submitted with the Final Plat. The interior road shall be paved and built as a minor collector, constructed as per County requirements, dedicated to the public and maintained by the Lot Owner's Association and cannot be private unless approved as such through a Planned Unit Development. Parking shall be addressed at the time of all new building permit reviews. 7. The Rifle Fire Protection District requires the Applicant shall design and install fire protection measures and provide the proposed design and cost to be detailed in the Subdivision Improvements Agreement which shall be submitted prior to Approval of the Final Plat. These measures are noted below: a. The Applicant shall provide a minimum of 100,000 gallons of fire protection water to the proposed site which is to be equipped with a dry hydrant connection. It shall be the responsibility of the Lot Owners Association to maintain the system including, but not limited to, filling and maintaining the water level of the cistern(s) at all times. b. Each new and existing enclosed building shall be equipped with an early detection fire alarm system consisting of, at a minimum, heat detection, smoke detection where applicable and manual activation. c. The main internal road, as well as all individual driveways and easements shall be constructed to accommodate the heavy weight of fire apparatus during adverse weather conditions. Roadways shall be a minimum of 24 feet in width and shall be in place and accepted prior to Final Plat approval. d. The internal access road for emergency vehicles to County Rd. 221 shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. 3 1111 141,14,411 .i Itc.1:101k Ifi 11111 Reception #: 721184 04716/2007 04:58.46 PM B.1915 P.0542 Jear Alberico 4 of 6 Rec Fee:$0.00 Doc Fee GARFIELD COUNTY CO e. Addresses shall be posted in a conspicuous location so they are readily identifiable. f. Each individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements. These additional items may become necessary depending on the type of construction and use of the buildings. 8. The Applicant shall implement and follow the noxious weed management plan found in the application and place this plan in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions. 9. The Applicant shall treat and remove Russian olive trees that are present on the property prior to Final Plat approval. 10. The Applicant has submitted documentation which states that all lots shall be prohibited from any dwelling uses. This restriction shall be detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" to be submitted with the Final Plat. The document will further state that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then in effect." 11. All utility extensions shall be laid in the same trench. 12. The Applicant shall add these plat notes to the Final Plat: a. "Individual City of Rifle Watershed Permits shall be required for all new uses on all lots and a copy of the current and site specific permit shall be submitted with any new applications for a building permits." b. "The owners of all lots shall be prohibited from constructing our using any existing structures for any dwelling uses. This restriction is detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" as submitted as part of this Final Plat. The document provides that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then in effect." c. "All ISDS systems must be designed by a registered Professional Engineer." 4 ®III t 11! Reception #: 721184 04f1612007 04:58.46 PM B.1915 P:0543 Jean Rlberico 5 of 6 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO d. "Each new individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements and no permit will be issued without a Rifle Fire Protection District approval letter." e. "Site specific geotechnical studies shall be conducted for individual new lot development and a copy of each pertinent study shall be included as a part of all new building permits applications." f. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five percent (85 %)." g. "All streets are to be dedicated to the public, are not private, and shall be maintained by the Lot Owner's Association as detailed in the Declaration of Covenants." h. "All permissible Commercial establishments in this district shall be allowed when these four (4) requirements are observed; i. All fabrication, service and repair operations are conducted within a building; ii. All storage of materials shall be within a building or obscured by a fence; iii. All loading and unloading of vehicles is conducted on private property; iv. No dust, noise, glares or vibration is projected beyond the lot;" v. All outdoor lighting shall by directed downward and inward. As each new Building Permit is submitted to the Garfield County Building and Planning Department, each lot owner shall also submit the most recent up -to -date "count of the actual average daily trip analysis" as required to be determined by the Lot Owners Association and approved by the Colorado Department of Transportation at various intervals throughout the development of the lots in the subdivision, as described in the Access and Utilities /CDOT Permit Compliance section of the Declaration of Covenants, Conditions and Restrictions for Big -R Commercial Park. j. "It shall be the responsibility of the Lot Owners Association to maintain the fire protection system including, but not limited to, filling and maintaining the water level of the cistem(s) at all times, all associated fire protection infrastructure and the early detection system." k. "Each new and existing enclosed building shall be equipped with an early detection fire alarm system including but not limited to, heat detection, smoke detection where applicable and manual activation." 5 . IIII P1 FilANAN14010 40Vi l:N11 054 1E111 - Reception #: 721184 04/1612007 04:58:46 PM 6:19'i., P:0544 Jean Alberico 6 of 6 Rep Fee:$0.00 Doc Fee: GPRFIELD COUNTY CO Dated this day of . A.D. 20 0 % . ATTEST+,.i�i,,llr, • -`1"); r .£k of theoard, ' 6Jp tl made and seconded the foreg ;. on. mot7om . follovrig vote: ,,., a COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT GARFIELD COUNTY BOARD OF COMMIS I .j' S, GARFIELD COUNTY, OLO STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , County Clerk and ex- officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex- officio Clerk of the Board of County Commissioners 6