HomeMy WebLinkAbout5.0 Land Use Change Permit1111 11111
Reception#: 840715
09/16/2013 03!41:35 PM Jean Alberico
1 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIEL.D COUNTY CO
LAND USE CHANGE PERMIT
for
The Strong Planned Unit Development, situated on properties owned
by Una Development, LLC and Hayden Investments, LLC, is located
southwest of the Town of Parachute at the intersection of State
Highway 6 and CR 300, Garfield County, Colorado
PARCEL NO# 2409-273-10-001, 2409-273-10-002,
2409-273-10-003, 2409-273-10-004, 2409-273-10-005 and 2409-273-10-006
In accordance with, and pursuant to the provisions of the Garfield County 2013
Land Use and Development Code, the Director of Community Development
hereby authorizes, by Land Use Change Permit:
Approval of a Minor Modification to the text of the PUD Guide for the
Strong Planned Unit Development, which shall be superseded and
replaced in its entirety by the Amended and Restated PUD Guide
attached to this Permit as Exhibit B. All conditions of approval
contained in Resolution 2009-08 shall remain in full force and effect
The revised PUD Guide contains the following modifications:
Section D Uses by Right — Resource Support District
• Removes restrictions related to maximum number of employees;
• Removes restriction related to size of offices.
Performance Standards
• Paragraph 15 shall be replaced with State of Colorado requirements
which require a "Transient Water Supply" once the number of
employees in the development reaches or exceeds 25 persons.
The Land Use Change Permit is hereby issued based upon the attached Exhibit
A, Director's Determination which shall be valid only during compliance with
applicable provisions of the Garfield County 2013 Land Use and Development
Code, Building Code, and other regulations of the Board of County
Commissioners of Garfield County, Colorado.
DIRECTOR OF COMMUNITY DEVELOPMENT
Fred A. Jarman, AICP ' Dat
PDPPi7702
X111 AnilDriliWilt11,1116 LOE.P41114!'1:#111111111
Reception#: 840715
09/16/2013 03:41,35 PM Jean llberico
2 of 11 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO
EXHIBIT A - DIRECTOR DECISION
September 16, 2013
Karl Hanlon
Karp Neu Hanlon, P.C.
201 14th Street, Suite 200
Glenwood Springs, CO 81601
kjh@mountainlawfirm.com
till�'i ;�, N�?���� air l�f'��Ih+�l L4' J�'ll f+r'��� � �R lWr�IIII��'rFN��l 1111
Receptiont$: 840715
09/15/2013 03:41:35 PM Jean Alberico
3 of 11 Pec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO
Garfield County
Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
Reference: Strong PUD Amendment — File Number PDAA7702
Dear Mr. Hanlon;
Garfield County is in receipt of your request to amend the PUD approvals contained in
Resolution 2009-08 for the Strong PUD. The request to remove restrictions related to a
"Transient Water Supply" as defined by the Colorado Department of Public Health and
Environment (CDPHE), has been determined to meet the criteria of a "Minor
Modification" pursuant to Section 6-301 C. Review Criteria contained in the Garfield
County 2013 Land Use and Development Code (LDDC).
The minor modification to amend the PUD Guide for the Strong PUD is hereby
approved subject to submittal of a revised PUD Guide which will supersede and replace
in its entirety the PUD Guide attached to Resolution 2009-08. All conditions of approval
of Resolution 2009-08 will remain in full force and effect.
Please be aware that final approval of this request requires recording of a Land Use
Change Permit.
Feel free to contact our office if you have any questions regarding this approval.
Sincerely
Fred A. Jarman, AICP
Director of Building and Plann ng
CC: File
110ril'i.11.11 it111,10k 01i 1!01
Receptionf#: 840715
09f16/2013 03;41:35 PM Jean Rtberico
4 of 11 Rec Fee:$0,00 Doc Fee:O.00 GARFIELD COUNTY CO
EXHIBIT B - AMENDED AND RESTATED PUD GUIDE
lii NAP1Tr,1111,4) VVC1011.WllifiditligHliii 11111
Reception##: 840715
09/16/2013 03:41:35 PM Jean Alberico
5 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STRONG PLANNED UNIT DEVELOPMENT
AMENDED AND RESTATED
ZONING AND DEVELOPMENT CONTROL GUIDE
A. Purpose
To regulate land uses and impacts and to assure orderly use and maintenance of the
development.
B. Zone districts within the PUD
1. Resource Support (RS) Zone District
2. Utility and Easement (UE) Zone District
C. Definitions
Communication Facility. A non residential structure supporting antennae and microwave
dishes that disseminate radio frequency signals, including television and data impulses
through space by means of radio and electromagnetic waves. Communication facilities
include structures, towers and accessory buildings.
Contractor Yard. The use of land within the PUD for the purpose of storing machinery,
equipment and supplies for businesses that provide services to clients through the use of
machinery, equipment and supplies. Such use may include office and repair facilities.
Repair facilities and operations may be conducted within or outside of structures.
Fabrication. The act of creating materials or products. Examples include, but are not
limited to, cabinet-making, woodworking, metal working, glazing, machining and
welding, mixing of drilling fluids and similar materials.
General Storage. The keeping of goods, materials, equipment, supplies, tools, machinery,
automobiles and similar items. General storage is allowed within storage buildings or
warehouses constructed within the PUD and also as open storage, in an orderly manner,
within the boundaries of individual PUD lots. Long term storage of inoperable machines
or vehicles shall not be allowed.
Heavy Equipment. Generally inclusive of large vehicles such as graders, earthmovers,
cranes, oil and gas field equipment and similar vehicles and equipment, or any vehicle
having a gross weight of 6000 pounds or greater.
Material Handling. The loading or unloading of goods, materials, and products, in bulk.
Processing. Change in the physical state or chemical composition of matter. Examples
include, but are not limited to, sawmill, creation of glass, ceramic or plastic materials,
concrete and asphalt batch plants.
1
1111 h'i114.Pri,ITilti4`j 11111
Reception#: 840715
09!16/2013 03:41:35 PM Jean Rlberico
6 of 11 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Solar Power Generating System aka Sollar Array. A device or system that converts the
sun's radiant energy into thermal, chemical or electric energy. Such facilities are
intended to create electricity to be delivered to a variety of consumers beyond the facility.
Storage of Oil and Gas Drilling Equipment and Supplies. The short-term or long-term
storage of materials and supplies that are typically used in prospecting, drilling and
servicing of oil and gas wells.
Warehouse and Distribution Center. A structure or structures used principally for the
inside storage and distribution of goods and materials, which includes land and buildings
used as a relay station for the transfer of goods from one vehicle or party to another, and
the parking and storage of tractor and/or other trailer units.
D. Uses by Right — Resource Support District
1. Business offices associated with any categorized use.
A. Business offices may be freestanding or incorporated into another
structure.
2. Contractor yard.
3. Fabrication.
4. General storage.
5. Storage of heavy equipment.
6. Storage of oil and gas drilling equipment and supplies.
7. Communication facility.
8. Solar power generating system.
9. Materials lab and testing.
10. Material handling.
E. Uses Allowed by Special Review — Resource Support District
1. Processing.
2. Warehouse and distribution center.
3. Concrete and asphalt batch plant(s).
All uses allowed within the PUD by Special Use Review must receive approval by
Garfield County prior to inception of the use.
F. Uses Allowed by Right — Utility and Easement District
1. Installation and maintenance of utilities.
2. Irrigation and drainage facilities and related structures.
3. Access roads and driveways.
G. Lot Coverage and Setbacks
2
IIII WLI4'L141.% rA I+'LMir 1101
Reception#1: 840715
09/1612013 03:41:35 PM Jean Rlberico
7 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Lot Coverage. Each individual parcel within the PUD is allowed to have structures,
either singular or multiple, that may cover a maximum of 15% of the total area.
Setbacks.
1. Building setback from County Road edge of right of way — 25 feet.
2. Storage setback from County Road edge of right of way — 15 feet.
3. Setback from internal road system — 5 feet.
4. Setback from reserved easements — 5 feet.
5. Internal lot line setbacks — zero (0) feet where lot lines are delineated by a fence
or similar structure.
H. Maximum Height of Structures Within the PUD
1. Structure height: 35 feet.
2. Storage silos may be up to 40 feet in height.
I. Parking
1. Office parking requirements: One (1) space per 200 square feet of office floor
area.
2. Parking for storage purposes: Shall be allowed on the entire impervious area of a
lot.
3. Parking shall not be allowed on or within the PUD road rights-of-way or
easements.
4. One parking space per each full-time employee shall be provided on each parcel.
This requirement is to be demonstrated at time of building permit submittal,
J. Fencing
1. Perimeter fencing is required on all parcels in the PUD.
2. No fencing shall be placed in any easement that will obstruct the function of the
easement.
3. Maximum height of the fencing on any lot is restricted to ten (10) feet. If barbed
wire will be utilized, it must be at least 6 feet off the ground.
4. Individual parcel owners or the lessee of the individual parcel shall be responsible
for maintenance and upkeep of the fencing surrounding the parcel.
5. Any fencing that is shared by adjacent lots shall be maintained jointly by the
adjacent parcel owners or lessees.
K. Lighting
1. All lighting shall be downcast and shaded to limit glare or reflection on adjacent
property.
2. Height of exterior lighting shall be limited to 20 feet.
3
VIII primmik, mil lI'I G '!.lW'L SIC Niel 111111
Reception#: 840715
09/1612013 03:41:35 PM Jean Alberico
8 of 11 Rec Fee $0 00 Doc Fee:0.00 GARFIELD COUNTY CO
L. Signage
1. Each parcel shall be allowed no more than two (2) signs. One sign is allowed to
be placed on a wall of a structure or building, the second sign may be placed
anywhere within the boundary of a parcel.
A. Wall signs. May be up to 64 square feet in size.
B. Lot signs. May be up to 32 square feet in size.
M. Performance Standards
This section shall regulate the operation of the allowed uses within the PUD. The
standards are intended to ensure compliance with the Industrial Performance Standards
generally accepted by Garfield County.
All operations shall be conducted in such a manner as to minimize heat, dust, smoke,
vibration, glare and odor and all other undesirable environmental effects beyond the
boundaries of the property.
The Parcel Owner's Association shall be responsible for any enforcement action required
under these regulations.
Sound. Volume of sound generated shall comply with the standards set for in the
Colorado Revised Statutes.
Vibration generated. Every use shall be so operated that the ground vibration inherently
and recurrently generated is not perceptible, without the use of instruments, at any point
of any boundary line of the property on which the use is located.
Emission of smoke and particulate matter. Every use shall be operated so as to comply
with alI federal, state and county air quality laws, regulations and standards.
Emission of heat, glare, radiation and fumes. Every use shall be operated so that it does
not emit, heat, glare, radiation or fumes that substantially interfere with the existing use
of adjoining property or that constitute a public nuisance or hazard. Flaring of gases,
aircraft warning signals, reflective painting of storage tanks, or other such operations
which may be required by law as safety or pollution control measures shall be exempted
from these provisions.
All storage areas shall be operated within the following performance standards:
1. Storage of flammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with federal, state and local fire codes and
written recommendations from the appropriate local fire protection district.
4
IIll 1M6 h'r,14 1m gamma!! 4'! H» 11111
Reception#: 840715
09/16/2013 03:41:35 PM Jean Alberico
9 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
2. No materials or wastes shall be deposited on any lot within the PUD in such
manner or form that they may be transferred of the property by any reasonable foreseen
natural causes or forces.
3. Storage of heavy equipment will be allowed subject to the following standards:
A. All equipment storage will be enclosed in an area with screening at least
eight (8) feet in height and obscured from view at the same elevation or lower.
B. Repair and maintenance activities requiring the use of equipment that will
generate noise, odors or glare beyond the property boundaries may be conducted within a
building or outdoors, so long as negative effects caused by these operations are not
transmitted off the PUD site. Outdoor heavy equipment operation hours shall be between
the hours of 6 a.m. and 8 p.m.
C. All loading and unloading of vehicles shall be conducted on private
property within the PUD and shall not be conducted on any development right-of-way.
4. Potential for water pollution: If any use is conducted in a manner whereby
potential water pollution could occur, the use shall be required to install safeguards
designed to comply with the regulations of all federal, state and county regulatory
agencies.
5. All purchasers, leaseholders, occupants or users of the development are required
to follow all regulations imposed herein.
6. All drainage ways, drainage structures, culverts, erosion control devices,
detention ponds, etc., as approved and installed, must be kept in good useable condition.
The parcel owner or the lessee shall be the entity responsible for maintenance and upkeep
within the boundaries of the owned or leased parcel.
7. Control of fugitive dust on access roads and easements within the development is
the responsibility of the Parcel Owners Association. Individual lot owners or lessees shall
be responsible for the control of the fugitive dust on individual parcels.
8. On lot fuel storage shall be limited to a single storage tank of up to one thousand
(1000) gallons per developable lot. Adequate spill containment structures shall be
designed and constructed for any parcel on which fuel is stored. The containment
structure shall be capable of holding 110% of the maximum volume of the fuel storage
tank and shall comply with all Federal, State and local regulations.
9. Parcels within the development may be used in tandem without being considered
to have merged in title. However, no resubdivision of the original five (5) parcels shall
be allowed.
5
uiIIEr%1 1VARZIAillthfilliVriti: J 1110:1 0/1, 111111
Reception#; 840715
09/16/2013 03:41:35 PM Jean Alberico
10 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
10. Fire extinguishers shall be required to be kept and maintained on each parcel.
The fire extinguisher shall be placed in a conspicuous location and with ease of access
being mandatory.
11. All fabrication and repair operations shall be conducted within a building.
12. All storage of heavy equipment shall be within a building or enclosed within a
fenced area and screened from view along the County Road.
13. All on-site refuse containers must have functioning lids and proper care shall be
taken to ensure no trash is removed from the container by the forces of nature.
14. Prior to building permit submittal to Garfield County for any parcel within the
PUD, a Phase One Environmental Site Assessment, within the scope of American Society
for Testing and Materials Practice E 1527-05, as the same may be amended, shall be
performed by the lot owner or lot lessee at the expense of the lot owner or lot lessee.
Prior to abandonment of the site by the lot owner or lot lessee, a Phase One
Environmental Study shall be completed and any remediation necessary, as identified by
the Study, shall be completed by the lot owner or lessee at his expense.
15. Until such time as a Non -Transient Water Supply is permitted by CDPHE, the
PUD will be limited to 25 or less full-time employees.
N. General Allowances, Maintenance and Upkeep of the Land Within the Development
1. All uses of land and structures within the Development shall be in an orderly
fashion. No use of the land shall be for the long-term storage (defined as storage in
excess of 120 days) of inoperable machinery, equipment, automobiles or waste materials
such as trash, tires, pallets, empty drums or any similar items. All vehicles stored within
the PUD shall maintain current Colorado registrations and licenses.
2. No outside watering of landscaping shall be allowed within the PUD unless an
individual lot owner or lessee obtains a sufficient amount of irrigation water and applies
for the necessary permits.
3. Individual parcel owners or lessees shall be responsible for weed control on their
respective parcel(s). Weeds shall not be allowed to thrive anywhere within the
boundaries of the development.
4. All storage of materials shall be conducted in strict compliance with State and
Federal regulations. All required documentation shall be kept on-site and open for
inspection.
5. All buildings and structures shall be finished with earth -tone colors, except where
required by safety considerations.
6
■III 10VE' 1N)I'1 G611»»l 111111
Reception#: 840715
09/1612013 03:41:35 PM Jean llberico
11 of 11 Rec Fee:$0.00 Doc Fee:0.00 GRRFIEL0 COUNTY CO
6. Leasehold interests in individual parcels shall be allowed. Parcel 1 may have two
(2) leasehold interests. Parcels 2 through 5, inclusive, are each allowed one (1) leasehold
interest.
7. Individual parcels shall be allowed one (1) categorized use, as contained in
Sections D and E herein, per leasehold or ownership interest. The uses may change,
however, only one categorized use shall be allowed to be in operation at any given time.
8. Engineered individual sewage disposal systems are required for each lot.
9. One mobile office trailer is allowed on each parcel and may only be utilized in
conformance with Section D(1) of these regulations. The mobile office trailer is
temporary and must be removed upon issuance of the certificate of occupancy for the
permanent office.
10. All hazardous and flammable materials are required to be handled in strict
conformance with State and federal regulations.
7