HomeMy WebLinkAbout5.0 Resolution 2004-132111E11 1111111111111111111 11111 1111111 1111111111111111
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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 Plaza Building, in
Glenwood Springs on Monday, the 6th day of December, 2004, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairtnan
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2004-132
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION FOR RIFLE SKI CORPORATION, BOB REGULSKI,
FOR THE BIG -R COMMERCIAL SUBDIVISION PRELIMINARY PLAN
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan application from the Rifle Ski Corporation, Bob Regulski to
subdivide a 32.36 acres parcel and is practically located on Colorado State Highway 6 &
24 (CR 221 Emergency only) approximately 1.5 miles east of the City of Rifle and 3
miles west of the Town of Silt, State of Colorado; and in the S WV4 of the NE' of Section
11, Township 6 South, Range 93 West; and
WHEREAS, the Preliminary Plan proposes to subdivide 32.36 acres of the
Property into ten (10) commercial lots; and
WHEREAS, on October 13th, 2004, the Garfield County Planning Commission,
held a public hearing, and ecommended the Board of County Commissioners approve the
Big -R Commercial Subdivision with conditions; and
WHEREAS, on December 6th, 2004, the Board of County Commissioners
opened a public hearing upon the question of whether the request 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
•
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Preliminary Plan; and
WHEREAS, the Board of County Commissioners closed the public hearing on
the 6th day of December, 2004 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 Commission and before the Board of
County Commissioners.
2. That the hearings before the Planning 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. That the application is in compliance with the standards set forth in Section 4:00
of the Garfield County Zoning Resolution of 1978, as amended.
4. That the application is in compliance with the standards set forth in Section 4.00
of the Garfield County Subdivision Regulations of 1984, as amended.
5. That for the above stated and other reasons, the proposed subdivision 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 the determination of facts set
forth above, the Preliminary Plan for Big -R Subdivision 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 provide evidence that the water supply is sufficient in terms of
quality, quantity and dependability, shall be available to ensure an adequate supply
of water for the proposed subdivision and shall submit this proof to the Garfield
County Building and Planning Department prior to the BOCC hearing for
consideration of the Preliminary Plan.
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4. 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 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.
5. 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.
6. 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
7. 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 due 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.
8. 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:
1. The Applicant shall provide a minimum of 180,000 gallons of fire
protection water to the proposed site. Hydrants shall be spaced a
maximum of 500 feet from a structure and shall be capable of providing a
minimum of 1500 gallons per minute at 20 -PSI residual pressure with a
flow of a minimum of 100 PSI. All pipes, pumps, etc. shall meet
nationally recognized standards. The Applicant shall perform a pressure
test of the underground piping (200 psi for two hours) and a flow test of
the pump and hydrant for final acceptance of the system prior to the Final
Plat approval.
2. 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
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feet in width and shall be in place and accepted prior to Final Plat
approval.
3. 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.
4. Addresses shall be posted in a conspicuous location so they are readily
identifiable.
5. 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.
9. 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.
10. The Applicant shall treat and remove Russian olive trees that are present on the
property prior to Final Plat approval.
11 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."
12. All utility extensions shall be laid in the same trench.
13_ The Applicant shall add these plat notes to the Final Plat:
1. "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."
2. "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,
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review of traffic impacts and all other review required by the land use code of
Garfield County then in effect."
3. "All ISDS systems must be designed by a registered Professional Engineer."
4. "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."
5. "Site specific geotechnical studies shall be conducted for individual new lot
development and a copy of each p:,rtinent study shall be included as a part of
all new building permits applications."
6. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five
percent (85 %),"
7. "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."
S. "All permissible Commercial establishments in this district shall be allowed
when these four (4) requirements are observed;
(1) All fabrication, service and repair operations are conducted within a
building;
(2) All storage of materials shall be within a building or obscured by a
fence;
(3) All loading and unloading of vehicles is conducted on private
property;
(4) No dust, noise, glares or vibration is projected beyond the lot ;"
(5) All lot owners shall maintain that all outdoor lighting shall by directed
downward and inward.
9. 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. This requirement is described in the Access and
Utilities/CDOT Permit Compliance section of the Declaration of Covenants,
Conditions and Restrictions for Big -R Commercial Park.
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Dated this 20th day of Dec . , A.D. 2004.
ATTEST:
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARF LD COUNTY,
COL!! O
Cl s rlt`dithe Board
C au. an
motion duly made and seconded the forego
• - ••- ''Y „Ite following vote:
',”( :1711U1F11
John Martin
Larry McCown
Tresi Houpt
g Resolutio was adopted by
Aye
, Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of A.D. 2004
County Clerk and ex- officio Clerk of the Board of County Commissioners