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Home My WebLink About6.0 Resolution 2014-50VIII rd iiminMI,UM iVtl'0111A1I: UhIiihi li,11 III Reception#: 853611 09116!2014 10:24:27 AM Jean falbarico 1 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD 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 Administration Building in Glenwood Springs on Monday, the 8d1 day of September A.D. 2014, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Frank Hutfless , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Andrew Gorgey . County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 20 I y - SD A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO INCLUDE A WAREHOUSE AND DISTRIBUTION CENTER (LIPA-7988), ON AN 8.92 ACRE PROPERTY OWNED BY CLH PROPERTIES, LLC, LOCATED AT 1097 AIRPORT CENTER ROAD SOUTH OF THE CITY OF GLENWOOD SPRINGS AND ADJACENT TO THE CITY AIRPORT IN THE SE QTR OF NE QTR & IN NE QTR OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 98 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY PARCEL NO# 2185-271-00-008 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a Land Use Change Permit to allow for a Warehouse and Distribution Center, as further described in Exhibit A, Site Plan. B. The Warehouse and Distribution Center, known as the Riverside FedEx Facility, is located on an approximately 8.92 acres parcel of land owned by CLH Properties, LLC. C. The subject property is located within unincorporated Garfield County in the Commercial General zone district, adjacent to the Glenwood Springs airport and south of the City of Glenwood Springs, Colorado accessed by private roads off Airport Center Road. 1 1111 klrd'.11,laif.1 Mt INAifkiih 11111 Reception#: 853611 09118/2014 10:24:27 AM Jean Alberico 2 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. A Warehouse and Distribution Center may be permitted in the Commercial General zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 8th day of September, 2014 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 8th day of September, 2014 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for CLH Properties, LLC (Riverside FedEx Facility) is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 ■111Ilirdl'ilrliiiriN11.1liiilii10:4r,1!`VfllhrltiiilVailidti iih,,1111 Reception#: 853611 09/16/2014 10:24:27 AM Jean Albericc 3 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B. The Land Use Change Permit for a Warehouse and Distribution Center, also known as the Riverside FedEx Facility is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the CLH Properties, LLC Warehouse and Distribution Center (Riverside FedEx Facility) shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. The Applicant shall control fugitive dust during the construction and operation of the site. 4. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. 5. Facilities and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. 6. The Applicant shall control all noxious weeds during construction and operation of the site. 7. Operation of the site as proposed is permitted 24 hours per day. 8. A minimum of a 200,000 gallon water storage tank shall be provided onsite and as demonstrated in the proposed site plans for use in firefighting and operating the fire sprinklers. Should demand for fire protection water exceed a total of 200,000 gallons, the tank shall be enlarged to meet the requirements as recommended or necessitated by the International Building Code, the International Fire Code, the fire protection district, the Garfield County Building Department or the project engineer. This tank shall be painted a non -reflective neutral earth tone color. 9. The proposed Onsite Wastewater Treatment System (OWTS) shall obtain all necessary County permits. 10. As a result of high bear activity in the area, all outdoor refuse containers must be certified bear -proof. 3 ■III Eirdtaitrilifi 01110F,0,1u l F Yiliii ®1111 Reception: 853611 09116/2014 10:24:27 AM Jean Alberico 4 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 11. The SWMP does not provide evidence that the site is covered under the CDPHE permit. The Applicant shall submit a coverage letter to Garfield County once it is obtained. 12. With exception to the control of noxious weeds, no development or disturbance of the hillside along the Roaring Fork River shall occur unless identified in the approved site plan. Conditions Prior to Issuance of Permit 13. All Dalmation Toadflax shall be treated on the site. In addition, as Diffuse Knapweed is common in the area, any occurrences of Diffuse Knapweed should be treated as well. These noxious weeds shall be treated prior to construction with satisfactory confirmation of the treatment submitted to the Garfield County Vegetation Manager by October 31, 2014. This treatment and confirmation shall be completed prior to issuance of the Land Use Change Permit. 14. Conflicting information was provided regarding fertilization in the hydroseed. The Applicant shall clarify this issue to the satisfaction of the Garfield County Vegetation Manager prior to issuance of the Land Use Change Permit. 15. The Applicant has indicated that the total area to be landscaped is 68,309 square feet, or 1.56 acres. As a result, a revegetation security of $3750 (1.5 acres x $2500 per acre) shall be provided prior to issuance of the Land Use Change Permit. This security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan. The Reclamation Standards are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 16. The fire protection systems design including fire hydrants, water storage tank, sprinkler systems, Knox key and access shall be finalized with the Fire Department. The Applicant shall provide the Planning Department with the final designs as agreed to by the Fire Protection District prior to issuance of the Building Permit. The site plans shall be updated with any changes made to the fire protection system. 17. Engineered details of the water supply infrastructure, equipment and fire protection systems shall be reviewed and accepted by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. If necessary, the site plans shall be updated with any changes 4 11111!r/111,10l 1116,U , Will eliliit ,11,Aiti 111 III Reception#: 853611 09116/2014 10:24:27 AM Jean Alberico 5 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO made to the water supply infrastructure, equipment or fire protection system. 18. The Applicant shall modify the site plans, SWMP and Drainage Report to demonstrate compliance with Sections 7-204.C.3.a (post -development peak discharge rate does not exceed pre -development peak discharge rate) and Section 7-204.C.3.d (bio -retention ponds conform to standards) of the LUDC. Should the Applicant wish to obtain a waiver from Sections 7-204.C.3.a, compliance with Section 4-118 is required. These amended plans and reports or request for waiver shall be provided to the Garfield County contract engineer for review and acceptance prior to issuance of the Land Use Change Permit. In addition, the OWTS shall be evaluated by the Garfield County Contract Engineer for potential impacts to the Roaring Fork River. 19. The Traffic Impact Analysis did not consider the 27th Street / Highway 82 interchange. Prior to issuance of the Land Use Change Permit, the Applicant shall address this intersection and/or explain why this intersection was not evaluated. This evaluation shall be reviewed and accepted by the Garfield County consulting engineer prior to issuance of the Land Use Change Permit. 20. The Applicant shall either contribute $585,000 to the City for road improvements or come to an agreement with the City for specific improvements to be made to Airport Road and Airport Center Road to address the stated dedication, adequacy and safety concerns. A development plan and agreement shall be in place before issuance of the Land Use Change Permit. 21 The Applicant shall develop a plan with the City to determine a specific amount of land dedication for the South Bridge landing, if any. This dedication plan and agreement shall be in place before issuance of the Land Use Change Permit. Should the City determine that a dedication is not necessary, a letter from the City stating such shall be provided to the County. 22. The Applicant shall demonstrate whether the proposed building encroaches on the 7:1 transitional surface as described in the City's Airport Layout Plan. This analysis shall be conducted by a licensed surveyor. The results of this survey shall be reviewed by City staff. Should it be found that the building encroaches into the 7:1 transitional surface, the Applicant shall submit amended plans to the Garfield County Planning Department for additional review and referral to effected agencies prior to issuance of the Land Use Change Permit. 5 11111 raF31111)41. Reception#: 853611 09118/2014 10:24:27 AM Jean Alberico 6 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 23. The Applicant shall establish a fisherman's easement along the Roaring Fork River to allow fisherman to wade and anchor along the property line. This easement shall be five feet above high water mark to the center of the river or the furthest extent towards the centerline, whichever is greater. This easement language and revised site plans shall be reviewed and accepted by the Garfield County Community Development Department prior issuance of the Land Use Change Permit. The easement document shall be recorded with the Garfield County Clerk and Recorders Office. Dated this /- day of , A.D. 20 / 7 . ATTEST: BOARD OF GARFIELD of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye , Aye , Nay STATE OF COLORADO ) )ss County of Garfield ) 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 6 1111 11,1PJF:11,01111+,X1111: 11111 Reception#: 853611 09/16/2014 10:24:27 RM Jean Rlberico 7 of 8 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 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 7 ty1 11�,'1.AO ;1Inas QJlaSmomwaO ■uri, Vu rnymrlen LLI1Iod1 uNno'IJ =MA •VL 3lR PPP 111114 fdniiiniMi.lirG1,1AMAKtINkiligiillii h 11111 Receptiontt: 853611 09/16/2014 10:24:27 AM Jean Alberico 8 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN 8