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HomeMy WebLinkAbout3.0 BOCC Staff Report 12.08.2008Exhibits for Strong Zone District Amendment / Preliminary Plan Public Hearing December 8, 2008 Exhibit Letter (A -Z) A B C D E Exhibit Mail Receipts Proof of Publication Garfield County Zoning Regulations of 1978, as amended Garfield County Comprehensive Plan of 2000 Application F Staff Memorandum(s) G Special Use Permit and Resolution for approval of Strong Contractor Yard H Letter dated September 2, 2008 from Jake Mall. Garfield County Road and Bridge 1 _ Email dated September 9, 2008 from Jim Rada, Garfield County Environmental Health J Email dated August 27, 2008 from John Niewoehner, Planning Engineer K Letter dated Sept. 8, 2008 from Mark Vanarelli, Co. Division of Water Resources L Email dated September 10, 2008 from T.C. Wait, Colorado Geological Survey M Letter dated September 5, 2008 from JT Rornatzke, Colorado Division of Wildlife N Letter dated September 17, 2008 from Rob Ferguson, Grand Valley Fire Protection Email dated September 2, 2008 from Daniel Roussin, Colorado Department of Transportation P Memorandum dated September 17, 2008 from Steve Anthony, Vegetation Manager Q Well Permit 67484 Office of the State Engineer — submitted September 8, 2008 R Well Test from J&M Pum Inc. dated Se tember 29, 2008 0 S X Floodplain Analysis Erosion Control Plan Letter from Wagon Wheel Consulting Letter dated October 6, 2008 from Huddleston -Berry Justification for increase in height and uses not itemized, draft Declaration of Protective Letter dated November 12, 2008 from Eric McCafferty, with revised documentation including a PUD Guide, Declaration of Covenants, and a Well -Sharing Agreement BOCC 12/8/08 KE PROJECT INFORMATION AND STAFF COMMENTS REQUEST: 1.Zone District Amendment - Agricultural/Residential/Rural Density (AIR/RD) to Planned Unit Development (PUD) 2. Subdivision Preliminary Plan APPLICANTS: George and Leslie Strong REPRESENTATIVE: Eric McCafferty and Walt Brown LOCATION: 0070 CR 300, approximately 200' south of Highway 6. SW '/A Section 27, T7S, R96W of the P.M. EXISTING SITE DATA: 17.578 acres with existing SUP for Contractor Yard on a portion of the site PROPOSED SITE DATA: 17.578 -acre PUD to contain five (5) Industrial Lots and a Utility Zone WATER & SEWER: Common Well, ISDS COMPREHENSIVE PLAN: Site Specific Use Limitations PLANNING COMMISSION RECOMMENDATION: Approval, with conditions I. PROJECT SUMMARY The Strong PUD proposes uses by -right that are designated as Special Uses in the A/R/RD Zone, including Contactor Yard (and related support facilities), Storage for Oil & Gas Drilling Equipment, and other activities itemized below. The PUD proposes two zone districts within the development; the Resource Support (RS) zone and the Utility and Easement (UE) zone. The RS zone designates the uses -by -right as the following: • Contractor Yard; • Fabrication; • General Storage; • Storage of Heavy Equipment; • Storage of Oil and Gas Drilling Equipment and Supplies; • Communication Facility; • Solar Power Generating System; • Materials lab and testing; • Material handling; BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan • Business offices (associated with the above uses) limited to 1,500 square feet on parcels 2- 5 with Parcel one being permitted two business offices, each with 1,500 square feet. Special Uses in the RS zone include Processing, Warehouse and Distribution Center, and Concrete and Asphalt batch plants. The UE zone permits the installation and maintenance of utilities, irrigation and drainage facilities along with related structures, access roads and driveways. Performance Standards that are contained within the PUD Zoning Guide are a reiteration, with some refinement, of those contained within Sections 5.03.07 and 5.03.08 of the Zoning Resolution, Industrial Operations and Industrial Performance Standards. These standards are used to determine potential impacts of operation of the site such as adequacy of water and sanitation, impact to adjacent land from dust, noise and other emanations, wildlife impacts and mitigation measures to assure compliance with local, state and federal regulations. Application of these standards typically occurs through a Special Use Permit request - on a project -by -project basis, with required permits determined through that review process and submitted prior to issuance of the Special use Permit. That process is not possible in this scenario as the uses are by -right, therefore all of the necessary information and permits are required prior to approving the zone change. II. REQUESTED ACTIONS George and Leslie Strong (Applicants) are seeking approval of industrial PUD and subdivision to allow for the creation of five parcels and a utility zone on 17.572 acres 200' south of Highway 6 on CR 300. The proposal is being requested to allow for uses -by -right in the PUD which are currently permitted through Special Use Permit review and approval in the AIRL1RD zone district as itemized in §3.02.03 of the Zoning Resolution of 1978, as amended. The preliminary plan seeks to allow for the subdivision of five parcels and a utility zone. In order to accomplish the proposed development, the Applicants request the following land use approvals: 1) Rezone the property to Planned Unit Development (PUD) The Applicant proposes to rezone the property from its current zoning of ATR/RD to PUD in order to modify the uses permitted by -right. The applicants are seeking by -right uses of several of the special uses identified within the A/R/RD zone as well as several uses that are not included within the A/R/RD zone. 2) Subdivision The Applicant proposes to subdivide the property into five (5) parcels that will then be individually conveyed or leased and then developed. Board consideration of the Zone District Amendment from A/RJRD to PUD shall occur first, followed by Board consideration of the Preliminary Plan application. The Applicants request for concurrent review of the two separate actions has resulted in a single report which describes the project as a whole, and then provides separate sections for the review 2 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan criteria for the Zone District Amendment and the Subdivision Preliminary Plan. III, HISTORY SPECIAL USE PERMIT The Board of County Commissioners conditionally approved a Special Use Permit for a Contractor's Yard an this parcel. Resolution 2007-117 was approved by the BOCC on November 19, 2007 and the Permit was issued/recorded on May 15, 2008. EXHIBIT G. The Applicant is seeking approval of the proposed Special Use Permit in order to lease out an area of the subject property for storage of oil and gas equipment including an office area. Storage of equipment will be conducted indoors and within an approximately six (6) acre storage area. The Applicant's site plan identifies the proposed storage area as "Parcel 1". From BOCC Staff Report SUP Site Plan Strong SUP This permit allowed for a contractor's yard on the identified portion of the site and contained the following conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and Sound generated shall comply with the standards set forth in the Colorado Revised State Statute; 3. The Applicant shall comply with all performance standards identified in §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4. A stop sign shall be installed at the entrance to County Road 300 prior to the issuance of the Special Use Permit, the stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; 5. The Applicant shall treat the identified Salt Cedars on the subject property. Documentation of treatment shall be provided to the Garfield County Vegetation Management Department in a form acceptable to the Department; 6. All areas disturbed during construction shall be re -seeded. The seed mix shall be approved by Garfield County Vegetation Management; 3 BOCC 12/8/08 -- Strong Applications Zone District Amendment and Preliminary Plan 7. The applicant shall provide 2,500 gallons of water storage on-site as requested by Grand Valley Fire Protection District and proof of a legal supply of water to accommodate this requirement prior to the issuance of the Special Use Permit; 8. Materials and wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or force; 9. A professional engineer shall design the ISDS for this use. A written statement sealed by the consulting engineer regarding the adequacy of the proposed system to provide sanitation services to a contractor's yard shall be submitted at the time of applying for an ISDS; 10. Storage of flammable material shall be conducted utilizing the Best Management Practices identified in the Stormwater Management Plan prepared by Wagon Wheel Consulting and all applicable regulations; 11. The Applicant shall implement the Best Management Practices identified in the Stormwater Management Plan; 12. A Certificate of Occupancy for the proposed structure shall not be issued until the Chairman ofthe Board has signed the Special Use Permit; 13. All storage of Heavy Equipment shall be conducted within the proposed storage building; SKETCH PLAN The Planning Commission considered a Sketch Plan application for the site at their meeting on May 14, 2008. At that time a concern was identified regarding the potential for conflicting land uses, i.e. residential and industrial, within the proposed A/R/RD subdivision. Also discussed in the meeting were the adjacent uses which are primarily industrial in nature. Thus the Planning Commission comments directed the applicant to consider a PUD on the site in order to comprehensively plan the development. The PUD process would allow semi -industrial uses while identifying mitigation for the whole subdivision - rather than employing a piecemeal, incremental plan which could not conceive of, or mitigate, the impacts to the site and adjoining properties. IV. REFERRAL AGENCIES A. Bookcliff Soil Conservation District: No comment received B. Town of Parachute: No comment received C. Grand Valley Fire Protection District: Rob Ferguson, Deputy Chief, responded to this application with comments regarding compliance with IFC 2003 standards for access, particularly regarding weight requirements. EXHIBIT N D. Colorado Division of Water Resources: Mark Vanarelli, Water Resources Engineer responded to this application with comments regarding well permits for the site which permit the uses, however the evidence of physical adequacy was not provided. Overall, it is of the opinion of the DOWR that the proposed water supply will not cause material injury to decreed water rights if the contract for augmentation is maintained. The DOWR does point out that they are unable to continent on adequacy of the supply due to the lack of information typically contained in a water resource report (addressing quality, quantity and dependability). EXHIBIT K. E. Colorado Geological Survey: T.C. Wait, Engineering Geologist, has responded to the application with comments regarding groundwater levels and potential for seasonal flooding for subsurface structures and septic systems. Further comments pertain to loose and collapsible soils, erosion potential and percolation rates. CGS has made numerous recommendations. EXHIBIT L. 4 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan F. Garfield County Road & Bridge: Comments indicated that the driveway onto CR 300 is permitted and built to specification. The traffic study has been accepted showing CR 300 is adequate to handle the added traffic. Future or current users may be requested to assist financially in repairs or improvements to CR 300. EXHIBIT H. G. Colorado Div. of Wildlife: JT Romatzke, Acting Area Wildlife Manager, responded to the application with recommendations to minimize impact on wildlife in regards to fencing, weed control and soil disturbance. EXHIBIT M. H. Garfield County Vegetation Management: Steve Anthony, Vegetation Manager, responded to the application with request for additional information regarding soil management, quantification of disturbance and provision of security, if needed, and request for treatment of noxious weeds (tamarisk trees) prior to construction activity. EXHIBIT P. 1. Garfield County Environmental Health: Jim Rada, Environmental Health Manager, has responded to the application requesting information regarding the number of users of the water system and additional information regarding soils for leach fields. EXHIBIT I. J. Colorado Department of Transportation: Dan Roussin, Access Permit Unit Manager, has responded to the application with concern regarding the intersection of CR 300 and Highway (US) 6. Mr. Roussin has stated that a State Highway Access Permit is required due to the percentage increase of traffic from this development. Since CR 300 is a County Road it is the responsibility of the County, or an authorized designee, to apply for the permit which will necessitate safety improvements for the intersection. The applicant. K. Public Service: No comment received. L. Garfield County Sheriff: The Sheriff's Office provided no comment. V. RELATIONSHIP TO THE COMPREHENSIVE PLAN Site Specific Use Limitations The subject site is located in Study Area 3 of the Comprehensive Plan of 2000 and identified as having 'site specific use limitations' as shown on the map below. The Garfield County Zoning Regulations require Planned Unit Developments (PUD's) to be in general conformity with the Comprehensive Plan (hereinafter "Plan"). One of the goals of the Plan is to `encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses.' Staff has evaluated the proposed development and found areas of generally conformity: 5 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan > Compatibility of adjacent uses and future land use patterns. > Zoning regulations and a review process will be developed and enforced that recognizes the difference in size, scope, and type of commercial and industrial development; > Uses proposed do not comply with the current underlying zoning, but may comply with proposed zoning; (Applicant has provided justification for uses not itemized) • Site specific constraints regarding geology, flooding, high water table and soils may limit development potential; (the Applicant has provided sufficient information to apply conditions of approval to the Preliminary Plan which may assure that these items are adequately mitigated. However, the submittal does not generally conform to the following concepts in the Comprehensive Plan: • The proposal does not include any dedicated open space for the development, which in fact may not be necessary given the proposal; • Traffic impacts have not been adequately mitigated for the uses proposed; > Water Quality issues have not been adequately addressed. In particular, goal/policies and objectives of the Comprehensive Plan are more fully described: A) GOALS • Garfield County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources and physical location -to - market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. B) POLICIES • Garfield County, to the extent legally possible, will require adequate mitigation to address the impacts of industrial activities on adjacent land owners. These measures may include the following: A. Landscaping and screening; B. Roadway improvements and signage; C. Safe and efficient access routes; D. Drainage improvements to protect surface and groundwater. • Dust, odors and fumes should be contained within the site generating such emissions and should not negatively affect any surrounding land use. 6 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan Landscaping and screening will be required to address specific visual impacts of industrial development. ➢ Zoning regulations and a review process will be developed and enforced that recognize the differences in size, scope, and type of industrial development. A hierarchical review process will be developed which respects the unique land use issues based on the size and scope of the project. The County will require impact mitigation for these projects, when appropriate. • The project review process will include the identification and mitigation of transportation impacts related to industrial development. > County zoning regulations regarding industrial development will be compatible with land use policies of adjacent jurisdictions. C) OBJECTIVES A The County will ensure that industrial activities will not adversely affect the natural environment, including air quality, water quality, wildlife habitat or important visual resources. ➢ Encourage the location of industrial development in areas where visual, noise, air quality and infrastructure impacts are reduced. > Ensure that Zoning Regulations addressing Commercial and Industrial uses reflect the changing land use patterns and demographics of the County and encourage the further diversification of the County's economy. • Ensure that the type, size and scope of industrial and commercial development are consistent with the long-term land use objectives of the County. Staff finds the development proposal, as submitted, DOES NOT generally conform to all of the goals of the Comprehensive Plan, particularly regarding access issues and traffic impacts as well as the lack of demonstration regarding water quality for the proposed development. It may be possible that the development COULD comply with the Goals, Policies and Programs of the Comprehensive Plan if required permits were acquired by the property owner and determination of improvements necessary to mitigate concerns. As you are aware, pursuant to Section 4.04 - "No PUD shall be approved unless it is found by the County Commissioners to be in general conformity with the County's Master/Comprehensive Plan(s)." VI. APPLICABLE ZONING REGULATIONS The Zone District Amendment for the Strong Development included a PUD Guide, a document that contains their proposed zoning regulations applicable to the site to be used to guide future land uses. A. Proposed Uses The Applicant proposes two zone districts within the property. The five lots identified on the Preliminary Plan as Parcels 1 — 5 are designated as "Resource Support", the second district is "Utility and Easement District" which allows for access roads, installation and maintenance of utilities and irrigation and drainage facilities. 7 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan The PUD Guide also contains Special Review uses (requiring a Special Use Permit from Garfield County) within the Resource Support District including Processing, Warehouse and Distribution Center and Concrete and Asphalt Batch Plant(s). B. Common Dimensional Requirements 1. Minimum Lot Size: Pursuant to the Preliminary Pian the smallest lot within the Strong PUD is 2.4 acres. The maximum lot size is 4.8 acres. 2. Floor Area Ratio: Restriction of 1,500 square feet of office area per lot. 3. Maximum Lot Coverage: Building 15%. Outdoor storage has not restriction. 4. Minimum Setbacks: The zoning document identifies setbacks as follows: • From CR 300 Building 25 feet Storage 15 feet ➢ From Bud's Way 5 feet 0 feet • Interior lot lines 5. Maximum Height of Buildings: 35 feet (Silos may extend to 40 feet) 1rC ,Ea.lagOrpy�{ ZOIWO TARGA! uric !UMW 0151110=191617 frrwrrurms as.. aOawus r:rrse.,r tIMIEWxrrrfaraeaE wu,urs ISORNitrt rraarecrv.ks..,3 arrcuturr, an cm — mar •,W 4kis n..11RI—n-ByRC Proposed Preliminary Plan VII. REVIEW STANDARDS & CRITERIA FOR PLANNED UNIT DEVELOPMENT The Applicant is requesting that the underlying zoning be changed from A/R/RD to PUD. As such, the following standards apply (the applicable standards are in bold and italicized text 8 :WY:"'- 0. .M.1.7.' wale:.dr•. R pp 3�it - Y -... ,,-.72 rraarecrv.ks..,3 arrcuturr, an cm — mar •,W 4kis n..11RI—n-ByRC Proposed Preliminary Plan VII. REVIEW STANDARDS & CRITERIA FOR PLANNED UNIT DEVELOPMENT The Applicant is requesting that the underlying zoning be changed from A/R/RD to PUD. As such, the following standards apply (the applicable standards are in bold and italicized text 8 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan followed by Staff's response): 4.04 CONSISTENCY WITH THE MASTER/COMPREHENSIVE PLAN No PUD shall be approved unless it is found by the County Commissioners to be in general conformity with the Coun 's Master/Comprehensive plan(s). When appropriate, an application for an amendment to the Garfield County Master/Comprehensive Plan may be made as part of a PUD application. Any application for Master/Comprehensive Plan amendment must be approved by the Planning Commission, prior to its recommendation on the PUD application, and may occur at the same meeting. Applications for Comprehensive Plan amendment shall include justification for the amendment based upon criteria for establishing land use designations contained in the Master/Comprehensive Plan. (A. 97-109) Staff Finding Though Stais generally in support of an industrial PUD at this location, the development, as proposed, DOES NOT generally conform to certain Goals, Objectives and Policies of the Comprehensive Plan as follow: • Access • Water Quality • Fire Protection 4.05.02 It is recognized that the uniqueness of each proposal for a PUD requires that the specifications, standards and requirements for various facilities, including but not limited to, streets, highways, alleys, utilities, curbs, gutters, sidewalks, street lights, parks, play -grounds, school grounds, storm drainage, water supply and distribution, and sewage collection and treatment, may be subject to modification from the specifications, standards, and requirements established in the Subdivision Regulations of Garfield County for like uses in other zone districts. The County Commissioners may, at the time of zoning as a PUD, waive or modify the specifications, standards and requirements which would be otherwise applicable, as requested by the applicant. Any waiver or modification of specifications, standards and requirements will only be approved If it can be demonstrated that the proposed waivers) is consistent with "best engineering practices," as recommended by an engineer retained by the County. (A. 97-109) • Standards for water quality have not been met pursuant to EXHIBIT K Colorado Division of Water Resources regarding the quality of the supply. • Water supply for fire suppression has not been provided. • The interior road, Bud's Way, exceeds the maximum length of a cul-de-sac. • Access to the State Highway has not been demonstrated as this proposal will create an increase of 20% in the traffic at the intersection of CR 300 and SH 6. CDOT has concurred with the applicant's traffic engineer regarding the increase and therefore is requiring a State Highway Access Permit. Staff Finding. The specifications, standards and requirements for various facilities including streets/highways and water supply have NOT been met. 4.07 STANDARDS AND REQUIREMENTS 4.07.02 The number of off-street parking spaces for each use in each PUD shall not be less than the requirements for like uses in other zoning districts, except that the County Commissioners may increase or decrease the required number of off-street parking spaces in consideration of the following factors: (1) Estimated number of cars owned by occupants of dwellings in the PUD; (2) Parking needs of non -dwelling uses; (3) Varying time periods of use whenever joint use of common parking areas is proposed. 9 BOCC 12/8/08 -- Strong Applications Zone District Amendment and Preliminary Plan Staff Finding The development proposes to meet the criteria outlined in the zoning resolution and have added additional requirements into their PUD Guide that may provide adequate on-site parking. 4.07.03 The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one (1) or more of them is not applicable or that a practical solution has been otherwise achieved: (1) The PUD shall have an appropriate relationship to the surrounding area, with unreasonable adverse effects on the surrounding area being minimized. Staff Finding The existing nature of the surrounding area of the property is industrial, including a gravel pit, compressor stations, Frac Tech and Travellers Highlands. A majority of those uses (excepting Travellers Highlands) were only approved via Special Use Permits which are subject to revocation and reversion to the underlying zoning of A/R/RD. This area has been heavily utilized by industrial uses, particularly by the Oil and Gas Industry. The effects on the area have been mainly traffic related, particularly at the intersection of CR 300 and Highway 6 which currently experiences significant problems. This issue has been inadequately addressed by the applicant and is at such a critical level that proper permitting and improvements must occur prior to this development operating. Discussion with the Planning Commission resulted in a recommended condition of approval (related to the Preliminary Plan application) that the applicant obtain a State Highway Access Permit (SHAP) prior to Final Plat approval. Funding for any improvements necessitated by the SHAP should not be the sole responsibility of the applicant, nor is Staffsuggesting such. The extent of improvements is currently unknown and until such time as a SHAP is submitted and reviewed the County will remain unaware of what improvements are necessary to assure safety on these roads. (2) The PUD shall provide an adequate internal street circulation system designed forthe type of traffic generated, safety, separation from living areas, convenience and access. Private internal streets may a permitted, provided that adequate access for police and fire protection is maintained Bicycle traffic shall be provided for when the site is used for residential purposes. Staff Finding The development proposes an internal street that ends in a cul-de-sac. The length of that roadway is 1,161 feet which exceeds the permitted maximum length of 600' for a cul-de-sac. The Grand Valley Fire Protection District has responded to this application stating that the access for the proposed development appears to be adequate for emergency apparatus, however they are concerned regarding the compliance with IFC standards related to support for emergency apparatus, see EXHIBIT N. The Applicant has since provided additional information from Huddleston -Berry regarding the sufficiency of the road, see EXHIBIT V. Garfield County Road and Bridge Department commented that the driveway, now existing, on to CR 300 is satisfactory and permitted. R&B also made comment regarding future road repairs or improvement and the applicant's responsibility to assist financially in those improvement/repairs. See EXHIBIT H. 10 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan (3) The PUD shall provide parking areas adequate in terms of location, area, circulation, safety, convenience, separation and screening. Staff Finding There are sufficient standards to determine that adequate parking may be provided within the development, though neither the PUD Guide nor the site plan specifies the location or areas for parking. Those locations are to be determined at building permit. (4) The PUD shall provide Common Open Space adequate in terms of location, area and type of the Common Open Space, and in terms of the uses permitted in the PUD. The PUD shall strive for optimum preservation of the natural features of the terrain. Staff Finding No Common Open Space is provided in the PUD. The Applicant's are seeking relief from the Board of County Commissioners for this requirement. The Common Open Space requirement, 25% of the project, would result in 4.4 acres for this development. (5) The PUD shall provide for variety in housing types and densities, other facilities and Common Open Space. Staff Finding Not applicable. (6) The PUD shall provide adequate privacy between dwelling units. Staff Finding Not applicable. (7) The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, and access to points of destination and attractiveness. Staff Finding Not applicable. (8) If centralized water and/or wastewater facilities are proposed within the PUD, they shall be provided for in a separate utility zone district that shall contain its own performance standards No land within any utility zone district shall apply toward any category of open space calculation or requirement. The PUD shall demonstrate how common water and wastewater facilities will be controlled or governed by the future owners within the PUD. (A. 97-109) Staff Finding A separate Utility Zone District is identified in the plan. The developer proposes a common well with the provision of easements and specifications for the construction of the system. A Well Sharing Agreement has been provided and the Declaration of Protective Covenants for the development further defines the ownership and maintenance of the system. Public Water Supply The applicant has included a provision in the PUD Guide which requires a State -permitted Public Water Supply "...at such time the water system is expected to regularly serve an average of 25 individuals for an average of 60days per year." When that will occur, and how it will be determined, is unanswered and minimal limitations regarding the number of users 11 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan of the system are contained in the PUD Guide. The PUD Guide Section D.1.C. limits the number of employees to four full-time employees per office on Parcels 2-5 and the two business offices requested on Parcel 1 are each allowed three employees. This restriction results in a maximum of 22 employees in offices in the Strong PUD, however there is no limitation regarding the total number of other employees related to the uses -by -right - such as truck drivers, welders, fabricators and/or laborers. The Applicant is attempting to limit number of people to be served by the proposed water -supply system to remain under the threshold for a `public water supply' however their numbers of people to be served by the system only consider the full-time office workers, not necessary all of the employees on-site and also they do not consider the public (clients) who may be on-site. Given the threshold of a Public Water Supply at 25 people, it would appear that this threshold will not only be met, but exceeded based upon what the zoning could allow. Wastewater Regarding wastewater, the developer proposes each lot owner (or lessee) construct an ISDS to serve their site. There are questions regarding the suitability of the soils from CGS, EXHIBIT L, and Garfield County Environmental Health, EXHIBIT I, however sufficient conditions of approval for the Preliminary Plan may mitigate the questions and concerns of these agencies. The PUD Guide specifies the requirement for an engineer -designed system and a note will be required on the Final Plat regarding this issue. (9) Any disturbance of slopes in excess of 40%, shall be the minimum necessary to meet the development needs, with a revegetation and geotechnical plan submitted with the PUD application; (A. 97-109) Staff Finding The subject site does not contain slopes in excess of40%. (10) If community facilities are proposed to be contained or allowed in the PUD, the application shall discuss who or what entity shall be responsible for the provision of and payment for the proposed facilities. The facilities shall also be included within the overall common infrastructure requirements of the PUD, to include water, wastewater and parking requirements. (A. 97-109) Staff Finding No community facilities are proposed to be contained or allowed in the PUD. 4.07.04 The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building: (1) It's geographical location; (2) The probable effect on surrounding slopes and mountainous terrain; (3) Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; (4) Potential problems for adjacent sites caused by shadows, loss of air circulation or Loss of view; (5) influence on the general vicinity, with regard to extreme contrast, vistas and open space; and (6) Uses within the proposed building. Staff Finding Based upon the information contained within EXHIBIT W, the Applicants state that the proposed 35 12 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan feet for structures within the Strong PUD is consistent with adjacent structures — the EnCana Compressor Facility has structures that are 40 feet high. Also, the restriction of 15% lot coverage will provide for a less dense development, and larger equipment and materials may be stored/fabricated at the site. Staff concurs that the requested maximum 35 -feet height is consistent with the neighborhood as well as the uses proposed within the development. 4.07.05 The minimum lot areas and the minimum setback restrictions may be decreased below and the maximum lot coverage may be increased above those applicable to like buildings in other zone districts to accommodate specific building types with unusual orientation on the lot or relationship between buildings. The averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain an acceptable building site. The clustering of development with useable common open areas shall be permitted to encourage provision for, and access to, common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providin; forseparate ownership of land and buildings. Architectural style of buildings shall not be a basis for dnying approval of a PUD application. Staff Finding Setbacks The proposed setbacks may be determined sufficient as perimeter fencing of the parcels is included as a requirement in the PUD Guide. Lot Coverage The proposed lot coverage of 15% may result in structure between 13,000 square feet (on a 2 acre lot) and 26,000 square feet (on a 4 acre lot) with heights of 35 feet. The PUD Guide restricts office sizes to 1,500 square feet per parcel (with allowance for two offices, each limited to 1,500 square feet, to occur on Parcel 1). Outdoor storage limitation is determined solely by fencing/screening and can otherwise occur over the entire parcel. The applicant has also provided the following restrictions • No further subdivision of the parcels; • Repair and maintenance may occur indoors or outdoors "so long as negative effects caused by these operations are not transmitted off of the PUD site."; • Outdoor heavy equipment operation hours are limited to 6 a.m. to 8 p.m.; • Fugitive dust control on the interior roadway will be the responsibility of the Parcel Owner's Association; • Storage of heavy equipment shall be within a building or enclosed within a fenced area and screened from view along the County Road; • Individual parcels shall be limited to one use -by -right. 4.07.06 The overall residential density shall be no greater than two (2) dwelling units per gross acre within the PUD; provided, however, that the County Commissioners may allow an increase to a maximum of fifteen (15) dwelling units per gross acre in areas where public water and sewer systems, owned and operated by a municipal government or special district (as defined by Section 32-1-103(20), C.R.S.) are readily available and the prior zoning classWcation allowed residential densities greater than two (2) dwelling units per gross acre, such densities being determined by reference to the maximum lot coverage, minimum setback, maximum floor area ratio, maximum building height and parking standards of such prior zoning classification. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres within the boundary of the PUD. Averaging and transferring of densities within the PUD shall 1.3 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD to achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone district. (A. 83-93, A. 96-87, A. 97-109) Staff Finding Not applicabe. 4.07.07 The minimum number of acres that may comprise a PUD is two (2) acres. Staff Finding The subject property contains 17.572 acres which exceeds the minimum acreage requirement for PUD's. 4.07.08 All uses, which are permitted in the underlying zone district or consistent with the land use designations in the Comprehensive Plan, or approved as an amendment to the Comprehensive Plan, may be permitted in PUDs. (A. 95-043, A. 97-109) The uses, which shall be permitted in any particular PUD shall be those permitted by the resolution zoning the particular area PUD. Staff Finding The applicant has included A/R/RD Special Uses as Use -By -Right within the PUD. Several uses that are being contemplated in the new land use regulations are also being requested for the PUD including a Use -By -Right for `Material Lab and Testing' and a Special Use allowance for 'Warehouse and Distribution Center'. EXHIBIT W contains adequate justification for allowing these uses in the PUD as they are consistent within the Land Use Code which will become effective on January 1, 2009. 4.07.09 Twenty-five percent (25%) of the total area within the boundary of any PUD shall be devoted to Common Open Space. Not more than twenty-five percent (25%) of the Common Open Space shall be an area of water classified as commercial open space. Of the 25% open space requirement within PUDs, no more than 40% of the 25% total required, shall be limited use open space, with the balance being retained as one or more of the remaining open space categories, listed above. Provided, however, that the County Commissioners may reduce such requirement if they find that such decrease is warranted by the design of, and the amenities and features incorporated into the Plan, and that the needs of the occupants of the PUD for Common Open Space can be met in the proposed PUD. (A. 97-109) Staff Finding The PUD proposes no dedicated open space. Approximately 4.4 acres would be the minimum Common Open Space requirement based upon the 17.572 acre property. The BOCC may determine that provision of open space is not necessary for the needs of the occupants of the development. 4.07.10 If any zone district within the PUD is proposed to contain time-share or fractional ownership units, or other similar interest in property, the provisions for such ownership shall be those that are approved by the Board of County Commissioners at the time the property is zoned PUD. Staff Finding The development proposes to lease or sell. The PUD contains limitations regarding the number of uses or users (regarding leasehold interests). 14 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan VIII. REVIEW STANDARDS & CRITERIA FOR PRELIMINARY PLAN § 4:60 ADDITIONAL INFORMATION A. Proposed terms of reservations or dedication of sites for public and/or common facilities or if any; greenbelt; Staff Finding The applicant has provided a Well Sharing Agreement and Declarations both of which provide terms of reservation for common facilities such as the water supply system, the roadway or the drainage structures. B. Description of any proposed phasing plan, if any, Staff Finding A phasing plan was not proposed. C. Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law; Staff Finding The parcels created have access to CR 300. a County Road, however the 20% threshold for generated traffic from this development exceeds the requirements for a State Highway Access Permit (SNAP) at the intersection of CR 300 and Highway 6. Should the Board adopt the Planning Commission - recommended conditions, pursuant to CDOT requirements, the Applicants could be authorized to act on behalf of the BOCC in the application to CDOT. The necessity of improvements at the intersection would be determined through that permit process. D. Total n umber of proposed off-street parking spaces, excluding those provided for single- family residential use; Staff Finding The number of parking spaces is defined within the PUD zoning document and requires the provision of spaces based upon the size of the structures built, exclusive of storage area. The PUD also requires one (1) parking space per full-time employee. E. Evidence that all areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified and the proposed uses in those areas are compatible with such conditions; Staff Finding The applicant has provided a Geotechnical Investigation performed by Huddleston -Berry Engineering & Testing, LLC dated July 25, 2006 and a supplemental report dated October 6, 2008. Recommendations made in those two documents can adequately mitigate any potential soils issues on the site. Recommendations include drainage and foundation mitigation: 15 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan Drainaee Recommendations It is recommended that the finished ground surface drop at lease twelve inches within the first ten feet away from the structures. Downspouts should empty beyond the backfill zone. Landscaping should not be placed within three feet of the structures and irrigation within ten feet of the foundations should be minimized. Foundation Recommendations Based upon the subsurface conditions at the site and nature of the proposed construction, shallow foundations are recommended. Spread footings and monolithic structural slabs are both appropriate foundation alternatives. However, as discussed above, the native clay soils at the site are slightly to moderately collapsible. Therefore, it is recommended that the foundations be constructed above a minimum of 30 -inches of structural fill. The native clay soils are suitable for reuse as structural fill. Imported structural fill should consist of a granular, non -expansive, non -free draining material such as pit -run or CDOT Class 6 base course, However, if pit -run is used for structural fill, a minimum of six inches of Class 6 base course should be placed on top of the pit run to prevent large point stresses on the bottoms of the footings due to large particles in the pit -run. Existing topsoil materials are not suitable for use as stnictural fill and should be removed from the building pad area. Prior to placement of structural fill, it is recommended that the bottom of the foundation excavation be scarified to a depth of 6 to 8 inches, moisture conditioned, and compacted to a minimum of 95% of the standard Proctor maximum dry density, within 2% of the optimum moisture content as determined in accordance with ASTM 0698. Structural fill should extend laterally beyond the edges of the foundation a distance equal to the thickness of structural fill. Structural fill should be moisture conditioned, placed maximum 8-incln loose lifts, and compacted to a minimum of 95% of the standard Proctor maximum dry density for fine grained soils and modified Proctor maximum dry density for coarse grained soils, within + 2% of the optimum moisture content as determined in accordance with ASTM D698 and D1557C, respectively. For the foundation building pad prepared as recommended, a maximum allowable bearing capacity of 1,250 psf may be used. In addition, a modulus of subgrade reaction of 150 pci may be used. To protect against frost heave, the bottoms of foundations should be placed a minimum of 30 -inches below the finished grade. Any steuiwalls or retaining walls should be designed to resist lateral earth pressures. For backfill consisting of the native clay soils, or imported granular, non -free draining, non - expansive material, we recommend that the walls be designed for an equivalent fluid unit weight of 50 pcf in areas where no surcharge loads are present. Lateral earth pressures should be increased as necessary to reflect any surcharge loading behind the walls. As indicated previously, soluble sulfates were detected in the site soils in a concentration of 4130 ppm. This concentration of water soluble sulfates represents a moderate degree of potential sulfate attack on concrete exposed to these materials. Therefore, Type WI sulfate resistant cement is recommended for construction at this site. 16 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan Colorado Geologic Survey has reviewed the above information and has provided recommendations for this site EXHIBIT L: 1) The aggregate mineral resources at this site may be of future value, and should be addressed. 2) The site may be at risk for future flooding from the Colorado River. it may be prudent to conduct a flooding evaluation for this site to deiermipe flood elevations and it mitigation is necessary. 3) Lot--specific subsurfade foundation -investigations and geotechnical testing should be done prbr to building to identify specific subsurface conditions that may affect development (collapsible soils, depth to groundwater, etc.). 4) Lot-specific septic investigations should be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineered systems may be required depending on percolation rates and seasonally shallow groundwater levels. 5) Proper foundation and utility drainage should be established for all subsurface elements within 3 feet of seasonal high groundwater elevations, and positive drainage should be provided around structures to prevent water from infiltrating soils near foundations. Downspouts should be directed away from foundations. 6) Establish an erosion control plan using best management practices prior to any site development to control erosion and prevent sediment transport. 7) The HB report makes several recommendations that should be followed, including using sulfate- resistant cement for construction and that shallow foundations be placed on a minimum of 30 inches of structural fill and ftatwork be placed on a minimum of 12 inches of structural fill. The fill should extend a distance equal to the thickness of the fill (ie minimum of 30 inches) beyond the lateral edges of the foundations. F. Radiation evaluation for areas of potential radiation hazard to future land use; Staff Finding Radiation evaluation has not occurred, however it is typical for applicants to provide a radon test at building permit. G. A title commitment for property to be developed; Staff Finding A title commitment has not been provided. H. If there is a subdivision of a section required, a copy of the final work sheet shall be provided for approval by the County Surveyor. Staff Finding Not applicable. §4: 70 through §4:94SUPPLEMENTAL INFORMATION A. Geology - Description and/or illustration by registered professional engineer licensed by the State of Colorado of bedrock lithology and the stratigraphy of overlaying unconsolidated materials in sufficient detail to indicate any potential development problems resulting from groundwater, subsidence, instability in road excavations and ills, expansive soils, drainage patterns, structural bearing strength, or the like; 17 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan Staff Finding Sufficient information has been submitted and numerous recommendations made by both the applicants' geotechnical engineer and Colorado Geologic Survey. These recommendations are included in the Planning Commission -recommended conditions of approval. B. Soils - Map and description of soil types and their boundaries based on the National Cooperative Soil Survey, USDA Soil Conservation Service, and including a table of interpretations; Staff Finding Geotechnical information included analysis of the soils on the site. C. Vegetation - Map and description of plant associations following practices of the Soil Conservation Service and including a description of adapted materials and the location of major tree masses; and Staff Finding Vegetation information is contained within the submittal documentation and that information was reviewed by Steve Anthony of Garfield County Vegetation EXHIBIT P: Noxious Weeds • The applicant needs to inventory and map the property for county listed noxious weeds. A weed management inventory and plan for an adjacent property is not sufficient. • Diffuse knapweed is prevalent in this area and the potential for spread is high. We encourage the applicant to be on the lookout for this noxious weed when conducting the inventory. • All reported noxious weeds found on site shall be treated prior to construction activities, this includes salt cedar (tamarisk) and Russian olive located on site. Revegetation Plan The Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: • Plant material list. • Planting schedule. • A map of the areas impacted by soil disturbances (outside of the building envelopes). • A revegetation bond or security at Preliminary Plan and prior to Final Plat. Please provide the plant material list and planting schedule. Please provide a map or information, prior to Final Plat, that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. We require a security if the surface disturbance is greater than one half acre. 18 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan The 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. Soil Management Plan A Soil Plan to include: • Provisions for salvaging on-site topsoil. • A timetable for eliminating topsoil and/or aggregate piles. • A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. D. Wildlife - Description of wildlife habitation, including biggame ranges based on the mapping practices of the Colorado Division of Wildlife. Staff Finding The Wildlife Analysis prepared by West Water Engineering and dated September 2007 states that the 99% of the site had been recently cleared (bladed), therefore the report was based upon indirect evidence from adjacent, undisturbed land. Mitigation and Management Recommendations include the following: • Control of noxious weeds; • Minimize footprint of disturbance; • Re -seeding of temporary and permanent disturbances; • Fence removal to reduce wildlife entanglement. The Colorado Division of Wildlife provided recommendations to the development EXHIBIT M: • Strict enforcement of speed limits to minimize negative impacts of traffic on migrating wildlife; • Remove all fencing and wires from previous grazing activities and old telephone lines; • Minimize soil disturbance to prevent spread of weed species. §4:80 Drainage Plan Staff Finding A drainage study was conducted for the Applicant by ZAO Engineers, Ltd. and review of the Planning Engineer reviewed and found the documentation provided as sufficient. §4:90 Utility Plan §4:91 A. In all instances, evidence that a water supply, sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision. I. Evidence of ownership or right of acquisition or use of existing and proposed water rights; 2. Historic Use and estimated yield of claimed water rights; 19 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan 3. Amenability of existing right to change in use; 4. Evidence that public or private water owners can and will supply water to the proposed subdivision, including the amount of water available for use within the subdivision by such providers, the feasibility of extending service to the area, proof of the legal dependability of the proposed water supply and the representation that all necessary water rights have been obtained or will be obtained or adjudicated, prior to submission of the Final Plat; and 5. Evidence concerning the potability of the proposed water supply for the subdivision. Staff Finding A well permit is attached as EXHIBIT Q and the Office of the State Engineer has responded with a "no material injury" letter regarding the water. The State Engineer also commented EXHIBIT K: "No information was provided concerning the physical adequacy of the water supply. As stated in CRS 30-28-133(3)(d), the subdivider is required to submit "Adequate evidence that a water supply that is sufficient in terms of quality , quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed." Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer or water consultant, which addresses the quality, quantity, and dependability issues. A report of this nature was not provided." Additional information has been submitted by the Applicants regarding the quantity of the water — J&M Pump, Inc. has submitted documentation entitled 'Well Test' that determines that the Sustained Yield is 15 GPM with a 100% Recovery within 22 minutes. Remaining issues that has not been resolved are the demonstration of water quality and number of users of the system. Planning Staff had commented that the 100 gallons/day water usage (per parcel) seemed low given the uses and employees that may be permitted within the PUD. Jim Rada, Garfield County Environmental Health Manager commented EXHIBIT I: • Although the proposal indicates that, in total, a maximum of 22 people will work in the offices, no information is included as to the total users of the water system. The nature of these facilities will likely involve a number of other employees and visitors that may utilize the potable water system. Therefore, a more solid estimate of water users is needed to determine if this water system will actually be classified as a public water system under the Colorado Primary Drinking Water Regulations. • If the water system falls under the CDPHE Regulations, CDPHE approval of the water system will be necessary before Final Plat approval. This will possibly include a more in depth water quality analysis. The Applicants have attempted to resolve this issue by including a provision in their PUD Guide that requires "A Public Water System will be permitted through Colorado Department of Public Health and Environment at such time the water system is expected to regularly serve an average of 25 20 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan individuals for an average of 60 days per year." The Planning Commission discussed this item and agreed with the State Engineer, the Environmental Health Manager and Staff regarding the necessity of obtaining a "Public Water System" prior to approval of a Final Plat. The Applicants have not sufficiently demonstrated that the limitation of the number of full-time office employees on the site (22) will not result in additional employees that are not office -related, but instead may be fabricators, welders or laborers. As well, there is the potential for clients and others utilizing the system. A condition requiring a permit for a "Public Water System" is recommended. §4:92 Sanitary Sewage Disposal A. If a pubic sewage disposal system is proposed evidence that provision has been made for an adequate sewage treatment works for the subdivision and, if other methods of swage disposal are proposed, evidence that such systems will comply with state and local laws and regulations; Staff Finding Jim Rada of Garfield County Environmental Health provided comment EXHIBIT I: • More information is needed as to the adequacy of soils for leach fields on the new lots. According to the test pit data, soils get progressively tighter (worse for ISDS) with depth. Data from one perc test hole in the upper horizon of soil indicates that water drained quickly. However, individual site layout may result in the need to install in the deeper, less permeable soils. TC Wait of the Colorado Geologic Survey responded to this issue with a recommendation EXHIBIT L: • Lot -specific septic investigations should be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineered systems may be required depending on percolation rates and seasonally shallow groundwater levels. The Applicants have provided a requirement for engineer -designed ISDS in the development, as well the Planning Comrnission recommends that a note be included on the Final Plat regarding this restriction. IX. GENERAL ISSUES A. Fire Protection Rob Ferguson, Deputy Fire Chief, Grand Valley Fire Protection. District responded EXHIBIT N: 21 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan After looking over the Preliminary Plan and PUD Zone change we need to make sure that there is water storage on site at all times for fire suppression activities for 'Midland and Structure fires at each location when future buildings are built. The road way labeled "Bud's Way" needs to meet IFC 2003 standards for Fire Apparatus access roads. The Cul de sac and road width are plenty large enough however it needs to meet the weight requirements for apparatus. If you have any questions regarding this review, I can be reached a the above listed phone number. The Applicants did not provide information in the text or on the Preliminary Plan identifying any area or method of water storage for fire suppression. A condition of approval is recommended that the water storage requirement for fire suppression purposes be finalized to the satisfaction of the Fire District and prior to Final Plat approval. B. Roads / Access Plan The Preliminary Plan identifies an internal road called Bud's Way which provides access to each of the lots. This road will be dedicated for the use of the public on the face of the Final Plat. The road has already been constructed however no construction plans have been provided. At minimum, a grading permit should have been issued for construction of this road. A driveway permit had been issued by Road & Bridge pursuant to the Special Use Permit when access was first requested. The Fire Protection District had questions regarding the weight of fire apparatus on the roadway. The applicant has provided information that a loaded dump truck was proof rolled and no deflection of the roadway was observed. The applicants engineer stated that they believe that the roadway is adequate to support fire engines in accordance with IFC 2003. During the review of the Special Use Permit for the contractor yard at this site a State Highway Access Permit was not required due to the traffic generation remaining below the 20% threshold. The current application provides information that the traffic generation for this proposal will exceed the 20% and therefore a State Highway Access Permit is required. Dan Roussin, Permit Manager with Colorado Department of Transportation responded to the referral via email and provided the following comments EXHIBIT 0: CDOT does have concerns about the Strong Subdivision traffic impacts as outlined in the June 4, 2008 Level 2 Traffic Study by Drexel Barrell & Co for County Road 300 (Una Road) at US 6. The development will cause a 20% traffic volume change and in accordance to the State Highway Access Code (2 CCR 601-1), an access permit shall be required for CR 300. The study indicates that safety improvements are needed at the intersection. I would also suggest that the County contact the railroad and PUC for their input on the railroad crossing impacts. This will be a challenging intersection (CR 300 and US 6). Please apply for the access permit for CR 300. The Access Code does allow the local government to transfer the responsibility for applying for the permit. The County may wish to do this in this situation by providing a delegation letter to another party. 22 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan An email sent to Fred Jarman October 14, 2007 from Dan Roussin: Thank you for the opportunity to review the Una study completed by Kari McDowell, PE, Drexel, Barrell & Co (DB) dated September 14, 2007. The development does not have direct access to state highway system. The access is off a county road (Stone Quarry Road, CR300) and they exit onto State Highway 6. The State Highway Access Code (2 CCR 601-1) states in Section 2.6 (3) if CR 300 intersection at SH 6 increases by 20% then an access permit is required. On this County Road, CDOT doesn't have an access permit. Therefore, we typically use existing conditions and see if the proposed development increases by 20%. This is a unique condition, because CDOT has other historical traffic counts done by other developments that when through the County development process. I have two traffic studies that have historical data on this intersection. The first was done by Kimley-Horn dated May 27, 2007 for 5C Investment. It showed the pm peak hour at 108 vehicles for the south approach (CR 300). LSC Transportation Consultants did another traffic study dated February 1, 2007 for Frac Tech. It showed the pm peak hour at 84 vehicles for the south approach. The Drexel, Barrell & Co (DB). traffic study dated September 14, 2007 stated pm peak hour of 119 for CR 300. What is interesting, all three reports measured the intersection within a year. LSC report counted traffic on September 2006, and DB report counted traffic on August 30, 2007. As you can see traffic has increase by 35 vehicles in the pm peak hour. The Una Development would increase by an additional 15 vehicles in the pm peak period. Therefore, there would be an increase of 60% in the last year with other development and proposed developments. Therefore, the County will need to apply for an access permit for CR 300 due to the 20% change at the intersection on SH 6. The DB report states that a left turn deceleration lane is required and a right turn deceleration lane is required for this intersection. However, the report didn't take in account the large truck traffic using this CR300. After the report adjusts the traffic to take account the heavy truck volume, it may also need some acceleration lanes. This will need to be examined by DB report. In accordance with the Access Code, Section 2.6(6) states "Vehicular use and operation of local roads where they, connect to (access) a state highway is the responsibility of the appropriate local authority". In this case, this would be Garfield County. I do understand the County has a tremendous burden on their roadway system; however, these improvement would provide safety improvements on a 50 mph roadway. This roadway improvements are needed for safety of the traveling public. The Code does allow the County to fund the improvements from other primary users of the access or as off-site subdivision developments. I believe this will take some monumental effort to bring CR300 up to standard of the Access Code. However, County and development need to take the first steps towards making these safety improvements. If you have any additional questions, 23 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan please let me know. Al pat WANK:4a y :R:OD ma US 6 r, -n is aaDhr• a eve Urr of Wawa,. {. Nat.np'n . tuck i. • b PiEC. ea CR NO h p-aeaufau ',Ong tam ,Pe Urn m'c 5ti b. Photos provided by Dan Roussin This issue was thoroughly discussed at the Planning Commission hearings, and the Commission had. many questions regarding the improvements that may be required and the funding of those improvements. However, the overriding concern was that the intersection of CR 300 and State Highway 6 currently has problems and that additional traffic generated by this development should not be allowed unless a State Highway Access Permit is obtained. Once the improvements are determined by CDOT then a funding mechanism can be considered. C. Easements The Applicant will need to delineate, legally describe, and convey all easements shown on the plat to an Owners Association or to the entity to which they are dedicated. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the Final Flat. These easements shall include, but are not limited to all water and water distribution easements, drainage easements, storm -water drainage easements, all internal roads (which will be dedicated to the public on the face of the Final Plat) and any access, maintenance easements that need to be provided for the common open space. Utility easements shall be dedicated to the entity responsible for the utility. D. Assessments / Development Impact Fees No development or other impact -related fees are required for this proposal. E. Recommended Plat Notes / Covenants 1. The Colorado Geologic Survey has recommended several plat notes to avoid potential geologic concerns during construction of the infrastructure as well as the construction of the individual homes. These plat notes should be required to alleviate concerns regarding the soils. 2. County Vegetation has requested additional information, particularly a noxious weed inventory of the site as well as a weed management plan, a revegetation plan and a soil management plan. 3. The Colorado Division of Wildlife has itemized their recommendations which are critical to minimize and mitigate conflict with, and impact to the wildlife in the 24 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan vicinity of the project. Specific safeguards regarding bears and big game should be adhered to and made a part of the approval. 4. The Fire Protection District has also made recommendations regarding safety issues which should be incorporated into the plan. Road and Bridge comments regarding traffic control issues and weight limitations shall be addressed by the applicant at Final Plat. X. PLANNING COMMISSION RECOMMENDATION Based on the forgoing, after review and consideration of the application on October 8, 2008 and October 22, 2008, the Planning Commission unanimously recommended the BOCC approve the PUD and the Preliminary Plan with the following findings and the conditions listed below. FINAL STAFF COMMENT: The Highway 6 / County Road 300 area is currently industrial in nature and the Planning Staff is supportive of the proposed USE at this location. However the development proposal lacks necessary information that is typically required at Preliminary Plan. The Planning Commission was also concerned regarding the lack of permitting and information, however the Commission determined that conditions of approval could mitigate the identified issues. Though Staff had recommended conditional approval to the Commission, it is critical that this project cannot be supported (by either Staff or the Planning Commission) if the necessary and required permits and information are not adopted as conditions of the project. In particular these outstanding issues are critical to the public health, safety and welfare and therefore essential to mitigate through proper permitting: • Traffic — the requirement for a State Highway Access Permit is based upon the 20% increase in traffic that this project will generate. The requirement for this permit is essential in determining general conformity to the Comprehensive Plan — without which this project cannot be approved. • Water — the Applicants will obtain a "Public Water Supply" at some time in the future, based upon numbers regarding who that water supply system will serve. The Environmental Health Manager and the Office of the State Engineer questions the water quality issue with the system. Without the requirement for CDPHE review of the system there will be no assurance that the supply meets the requirements of State Statute and County Regulations. • The necessity for on-site storage of water for fire suppression has not been adequately addressed by the Applicants. The placement of the on-site storage is critical for zoning issues as the PUD Guide and Development Plan identify a Utility and Easement Zone where the storage be required to occur. XL SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1. That proper posting and public notice was provided, as required, for the hearing before the Planning Commission and the Board of County Commissioners; 25 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan 2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. That the application MAY BE in conformance with the standards set forth in Section 4:0 of the Garfield County Subdivision Regulations of 1984, as amended and Section 4.00 of the Zoning Resolution of 1978, as amended if recommended conditions of approval are adopted; 4. That the proposed subdivision of land and PUD zoning MAY BE in compliance with the recommendations set forth in the Comprehensive Plan of 2000 for the unincorporated areas of the County; and 5. The proposed use MAY BE in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. XIL CONDITIONS FOR THE ZONE DISTRICT AMENDMENT The Planning Commission recommends APPROVAL of the Zone District Amendment to the Board of County Commissioners IF STAFF COMMENTS AND RECOMMENDED CHANGES ARE INCORPORATED INTO THE PUD GUIDE AND DECLARATION OF PROTECTIVE COVENANTS. 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Declaration of Protective Covenants must be provided, consistent with the PUD Guide and other documentation provided and revised per Staff comments, referenced on and recorded with the Final Plat for the development. 3. The PUD Guide shall include a PUD Development Plan and the PUD Guide shall be attached as EXHIBIT B to the Resolution approving the Zone District Amendment. XIII. CONDITIONS FOR THE PRELIMINARY PLAN 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. L2. o activity, other than that approved by the Resolution 2007-117, may occur on the parcel until such time as a Final Plat and related Subdivision Improvements Agreement is approved by Garfield County and recorded with the Clerk and Recorder. 26 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan 3. The Preliminary Plan for the Strong Subdivision shall be valid for a period not to exceed one year from approval. 04. The Applicants shall apply to the State of Colorado, CDPHE Water Quality Control Division for a Public Water Supply for the site and meet all of the required standards of su h. The approval of the public water supply shall be provided prior to Final Plat approval. 5. The Applicants shall delineate and legally describe all easements on the Final Plat and convey all easements to the Owner Association or to the responsible entity. This dedication shall be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the Final Plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, storm - water drainage easements, open space, and all internal roads (which will be dedicated to the public on the face of the Final Plat) required as apart of this development. lat notes regarding geologic constraints shall be placed on the Final Plat in conformance ith recommendations of the project engineer (Huddleston -Berry), the Colorado Geologic Survey and the Environmental Health Manager: a. Lot -specific subsurface foundation investigations and geotechnical testing should be done prior to building to identify specific subsurface conditions that may affect development (collapsible soils, depth to groundwater, etc.); b. Lot -specific septic investigations shall be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineer -designed systems are required; c. Proper foundation and utility drainage shall be established for all subsurface elements within three feet of the seasonal high groundwater elevations, and positive drainage shall Q.be provided around structures. Downspouts shall be directed away from the foundations; Establish and erosion control plan using best management practices; Sulfate -resistant cement shall be used for construction; f. Shallow foundations shall be placed on a minimum of 30 inches of structural fill and flatwork be placed on a minimum of 12 inches ofstructural fill. That fill should extend a distance equal to the thickness of the fill (ie minimum of 30 inches) beyond the lateral edges of the foundations. The Colorado Division of Wildlife recommendations EXHIBIT M shall be considered conditions of approval of the Preliminary Plan: A. Strict enforcement of speed limits; b. emoval of all fencing, wires and lines from previous activities; c he use of barbed wire to fence the site shall be prohibited;( d. Minimize soil disturbance to prevent the spread of weeds species. omvite-2 8. The Applicants must provide information requested by the Garfield County Vegetation Manager as follows and outlined in EXHIBIT P: 27 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan Ca)f.he Applicants must treat the inventories tamarisk trees prior to the start of any construction activities and they the forward treatment records to the Vegetation Manager once the work is complete. b. The Applicants must quantify the amount of surface disturbance related to the road cuts and utility easements. A security amount may be required if the amount of disturbance exceeds half an acre. c. A Soil Management Plan shall be submitted that includes: i. Provisions for salvaging on-site topsoil. ii. A timetable for eliminating topsoil and/or aggregate piles. iii. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 9. At Final Plat the Applicants shall submit information compliant with water storage for fire suppression as recommended by the Fire Protection District. 10. The Final Plat application shall include information compliant with Garfield County Road and Bridge recommendations regarding signage on CR 300 and that signage shall be included in the Subdivision Improvements Agreement at Final Plat. Further the County Attorney's Office shall provide language in the SIA requiring necessary funding, should it become necessary, for improvements or repairs to CR 300 as stated in Road and Bridge comments in EXHIBIT II. he Applicants must obtain a State Highway Access Permit for the intersection of State ighway 6 and County Road 300. Upon adoption of this condition the Board of County Commissioners shall assign the Applicants as designee to apply on behalf of Garfield County. 12. The Applicants shall include the following plat notes on the Final Plat: a. "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non- negligent agricultural operations. b o open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 28 BOCC 12/8/08 — Strong Applications Zone District Amendment and Preliminary Plan c. )Il owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects ofusing and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. d. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. e. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the min 29 Ell Filnflri;+rJAi MI !IGi'1+1VIWI:'!' 11111 Reception#" 748634 0511612009 @2:13:49 PM Jean R1berico 1 of 1 Rec Fee:$@•@@ Doc Fee:@.@@ GARFIELD COUNTY CO SPECL4L USE PERMIT for George Strong A Tract of Lund situated in SW 1/4, SW ',14, T7S, R9 W, 6h P.M. EXHIBIT Parcel Number: 240927300002 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2007 - 111 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: A Contractors Yard The Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Crarfield County, Colorado. A'l"I EST: YY\ k of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 1111PzWNW, f� �iaf �l� li,G ��'1��C1 s ��i�� fll�� VIII deception#: 737671 11120!2007 12:56:22 PM Jean Alberico 1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, thel5t day of October A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown _, Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green (Absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 7 --1 17 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CONTRACTORS YARD WITIIN THE AGRICULTURAL RESIDENTAL RURAL DENSITY ZONE DISTRICT ON A PROPERTY OWNED BY GEORGE STRONG PARCEL NO# 240927300002 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from George Strong for a Special Use Permit ("SUP") to allow a Contractors Yard on the subject property within the Agricultural Residential Rural Density Zone District; and WHEREAS, the Board held a public hearing on the 15th day of October, 2007 upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 11111 WAAVINANOih'1ftii ORMJO, N 11111 Reception#: 737671 11/2012007 12:56:22 PM Jean Rlberico 2 of 4 Rec Fee:$D.DO Doc Fee :0.©O GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners; 2. The meeting 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. For the above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. A Level II Traffic Analysis prepared by Drexel, Barrell & Co. demonstrates that traffic generated by the proposed use will not exceed the identified 20% threshold at the intersection of County Road 300 and State Highway 6 & 24; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit to allow deviation from the identified maximum height requirement within the Drinking Water Constraint Zone on a property owned by Union Pacific Railroad Company is hereby approved subject to compliance with all of the following specific conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and Sound generated shall comply with the standards set forth in the Colorado Revised State Statute; 3. The Applicant shall comply with all performance standards identified in §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4. A stop sign shall be installed at the entrance to County Road 300 prior to the issuance of the Special Use Permit, the stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; 5. The Applicant shall treat the identified Salt Cedars on the subject property. Documentation of treatment shall be provided to the Garfield County Vegetation Management Department in a form acceptable to the Department; 6. Al] areas disturbed during construction shall be re -seeded. The seed mix shall be approved by Garfield County Vegetation Management; 7. The applicant shall provide 2,500 gallons of water storage on-site as requested by Grand Valley Fire Protection District and proof of a legal supply of water to accommodate this requirement prior to the issuance of the Special Use Permit; 8. Materials and wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or force; 9. A professional engineer shall design the ISDS for this use. A written statement sealed by 2 1111 ittiAnikilinkilliON 11111 Reception#: 737671 11120/2007 12:56.22 PM Jean Rlberico 3 or 4 Rea Fee:$0.00 Doe Fee -0-00 GRRFIELD COUNTY CO the consulting engineer regarding the adequacy of the proposed system to provide sanitation services to a contractor's yard shall be submitted at the time of applying for an ISDS; 10. Storage of flammable material shall be conducted utilizing the Best Management Practices identified in the Stormwater Management Plan prepared by Wagon Wheel Consulting and all applicable regulations; 11. The Applicant shall implement the Best Management Practices identified in the Stormwater Management Plan; 12. A Certificate of Occupancy for the proposed structure shall not be issued until the Chairman of the Board has signed the Special Use Permit; 13. Al] storage of Heavy Equipment shall be conducted within the proposed storage building; Dated this , 7 day of w1 luY� , A.D. 2007 oe CQOo20 «"EQ• COL©F . -r3 , f'v1 GARFIELD COUNTY BOARD OF COMMISSIONERS. GARFIELD COUNTY, COLORADO of the Board Chairm Upon motion duly made and seconded the foregoi o tion was adod by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT Aye Aye Aye 3 111 h`illgtieillid,SPI CIO! 11119 'eceptic,n#: 737671 11/2012007 12156:22 PM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STA 1'h OF COLORADO )ss County of Garfield 1, , 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. INVvrITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners 4 GARFIELD COUNTY Building & Planning Department Review Agency Form 3 EXHIBIT Date Sent: August 27, 2008 Comments Due: September 17, 20{}8 Name of application: Strong Subdivision Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. The driveway access to this location has been permitted and build to the specifications of Garfield County Road & Bridge Department. The driveway access permit requirement will be exempted for this application and future building applications on this site. The traffic study submitted will be accepted showing Cr. 300 will handle the added traffic load for this application. There is the possibility that at some time in the future the owners or currents users of the property would be ask to assist financially in road repairs or improvements to Cr. 300. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall _ Date September 2, 2008 Revised 3130/00 Kathy A. Eastley From: Jim Rada Sent: Tuesday, September 09, 2008 4:07 PM To: Kathy A. Eastley Subject: Strong Subdivision PUD Attachments: Jim Rada {jrada@garfield-county.com).vcf Kathy, Here are my comments on this proposal. EXHIBIT o The site plan indicates 2 wells on the property but only one well permit is included in the packet. Information is needed as to the ownership and use of the second well. If the second well is not used, I believe that DWR requires proper abandonment within a certain amount of time. o Although the proposal indicates that, in total, a maximum of 22 people will work in the offices, no information is included as to the total users of the water system. The nature of these facilities will likely involve a number of other employees and visitors that may utilize the potable water system. Therefore, a more solid estimate of water users is needed to determine if this water system will actually be classified as a public water system under the Colorado Primary Drinking Water Regulations. o If the water system falls under the CDPHE Regulations, CDPHE approval of the water system will be necessary before final plat approval. This will possibly include a more in depth water quality analysis. o More information is needed as to the adequacy of soils for leach fields on the new tots. According to the test pit data, soils get progressively tighter (worse for ISDS) with depth. Data from one perc test hole in the upper horizon of soil indicates that water drained quickly. However, individual site layout may result in the need to install in the deeper, less permeable soils. o I assume that the plan is to sell these lots to separate, distinct owners, but should any of the adjacent lots fall under common ownership, WQCD Policy 6 would apply in terms of needed separation of leach fields to avoid increased setbacks to the water supply well. o The EnCana Orchard Compressor station to the east of this site was subject to strict noise enforcement a year or so ago. The sound study testing for this proposal was conducted on the opposite (west) end of the property from the compressor station. The applicant indicates that the proposed use of this property currently falls under the sound levels set for Residential Zoning. This was also the standard that was used by COGCC for the Compressor Station enforcement issue. However, these buildings will be industrial in nature therefore the County may want to clarify which maximum permissible noise levels apply to this property and encourage additional sound study be done to gather some baseline sound data in the event that noise from the compressor station becomes an issue with nearby offices in the future. Thanks for the opportunity to participate in this review. Please feel free to contact me if you have questions. Jim Kala, K[115 Environmental Health Manager Garfield County Public Health 195 W 141' Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfietd-county.com Web www.garfield-county.com 9/17/2008 Kathy A. Eastley From: John Niewoehner Sent: Wednesday, August 27, 2008 4:49 PM To: Kathy A. Eastley Subject: Strong PUD - Planning Engineering Review EXHIBIT J Kathy - - I have reviewed the Strong PUD documents and have the following comments: 1. ROADS — no issues. Internal road is a long dead end road (600') but the cul-de-sac is large enough for Targe trucks to turn around. 2. TRAFFIC STUDY: Per the State's highway access requirements, the current traffic volume at the intersection of Highway US 6/24 and CR 300 requires deceleration and turn lanes. The proposed PUD will further increase traffic at peak hours by approximately 23%. The Roads and Bridge Department should determine how to address this issue. The traffic study reports that CDOT is expecting Garfield County to submit an access permit application. (Is the PUD required to pay road impact fees?) GRADING -- no issues 4. WATER SUPPLY AND SEPTIC -- No significant issues but l have made the following observations: (i) They are reporting that very lithe water (100 gallon/day) will be used by each lot. This is enough for a half dozen toilet flushes and certainly not enough water for washing vehicles. (ii) The well water is high in sodium and hardness. The recommended water treatment system (ion exchange) removes the hardness but further increases the sodium concentration_ 5. FIRE — No issues. The fire district may comment on the lack of onsite water for fire fighting. 6. DRAINAGE — No issues. 7. GRADING PERMIT — The developer will need to obtain a Grading Permit before constructing the internal road. Andy and I recommend that a Minor Grading Permit is sufficient and that the County can waive the reclamation financial security. Well see if Steve Anthony agrees. �D TVI Nt,ewoekIntl( 9/1712008 DEPARTMENT OF NATURAL RESOURCES EXHIBIT DIVISION OF WATER RESOURCES RE 1 VEJ) SEP 11 _ September 8, 2008 BUILDING & PLANNING Kathy Eastley Garfield County Building and Planning 108 8th St Ste 201 Glenwood Springs CO 81601 Re. Strong Subdivision Preliminary Plan Sec. 27, T7S, R96W, 6TH PM W. Division 5, W. District 70 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Dear Ms. Eastley: We have reviewed the information regarding the above referenced proposal to subdivide a tract of land of 17.57 acres into five commercial lots or parcels, which under existing Planned Unit Development zoning can be used for a variety of uses. The applicant proposes to supply water to each parcel with a single individual well and to augment diversions from this well through a contract with the West Divide Water Conservancy District. Sewage disposal is to be through individual septic systems. The submittal included a copy of the PUD report that provided a general description of the proposed development, a traffic report, water supply information with applicable permit, a sound study report, a storm water management plan, wildlife assessment and mitigation plan, a vegetation and noxious weed management plan, a geotechnical investigation by Huddleston -Berry Engineering and Testing, LLC and finally, a engineering, individual sewage disposal systems and drainane plan by ZAO Engineering. In additional. a copy of the approved West Divide Water Conservancy District (the District) Water Allotment Contract No. 070322S! (a) was provided. The applicant has provided information indicating that one well exists on parcel #3 and has provided the associated permit (Permit No. 66544-F). According to our records, this well permit was replaced for an expansion of use and a new well permit (no. 67484-F) was issued. Under this and other prior permits, a well was constructed on March 28, 1997. In addition, a new well has been proposed for parcel #1 according to the preliminary plan. The existing well is permitted for fire protection, six(6) office units, five (5) warehouse units, and the irrigation of not more than 5,000 square feet (0.11 of an acre) of garden, lawns and landscaping. The permit is valid for the existing well and could be used to serve all five parcels or lots. Office of the State Engineer 1313 Sherman Street, Suite 818 . Denver, CO 80203 • Phone: 3303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Kathy Eastley Strong PUD Subdivision No information was provided concerning the physical adequacy of the water supply. As stated in CRS 30-28-133(3)(d), the subdivider is required to submit "Adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed." Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer or water consultant, which addresses the quality, quantity, and dependability issues. A report of this nature was not provided. Pursuant to CRS 30-28-136(1)(h)(II), it is our opinion that the proposed water supply will not cause injury to existing water rights so long as the District operates according to the terms and conditions of its current plan for augmentation and the applicant maintains its contract with the District. However, due to a lack of information we are unable to comment on the physical adequacy of the water supply. If you or the applicant has any questions concerning this matter, please contact me for assistance. Sincerely, September 8, 2008 Mark J. Van_ elli, PhD, PE, PG, BCEE Water Resources Engineer cc: Alan Martellaro, Division Engineer David W. Berry, Water Commissioner, District 70 STATE OF COL COLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO $0203 Phone: (303) 866-2611 Fax: (303) 866-2461 September 10, 2008 Ms. Kathy Eastley Garfield County Planning Department 108th St, Suite 401 Glenwood Springs, CO 81601 RECEIVED SEP 1 2 ZO08 Legal: SW 1/4 SW 1/4 of S27 T7S, R96W GARF il:.LD COUNTY BUILDING & PLANNING Re: Strong Subdivision — Preliminary Plan & PUD Zone Change CGS Review No. GA -09.0002 Dear Ms. Eastley; COLORADO DEPARTMENT OF NATURAL RESOURCES Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Vincent Matthews Division Director and State Geologist In response to your request, and in accordance with Senate Bill 35 (1972), the CGS has preformed a technical review concerning geologic hazards for the above mentioned proposed development. The site consists of approximately 17.57 acres that will be developed to include 5 commercial and light industrial lots. An existing structure is located on proposed parcel 1. It is the understanding of CGS that the lots will have individual wells and septic systems. Included in the review package were the subdivision documentation, drainage plan (7/1/08) by ZAO Engineering, preliminary plan (2/26/08) by Bookcliff Survey Services, and geotechnical investigation (7/25/06) by Huddleston -Berry.. The site is located in the Colorado River valley north of the Colorado River. A gravel operation is located south of the site and the highway and railroad alignments are north of the site. Topography is relatively flat to gently sloping south towards the Colorado River. Although there is no regulatory flood plain mapped for this area, portions of the site sit within the physiographic flood plain of the Colorado River and may be at risk for future flooding. The drainage plan indicates that a 30 foot sediment pond easement will be located in the southeast corner, discharging to an off-site existing drainage ditch that flows east to the Colorado River. No groundwater was encountered within 7.5 feet of the ground surface in the test pits; however, groundwater levels likely fluctuate seasonally and may form shallow water tables. Shallow groundwater presents seasonal flooding risk for subsurface structures and septic systems, and also affects the frost depth for foundation construction. The primary geologic deposits are alluvial terrace and alluvial fan deposits of silty clays, sand, and gravel. The site has been mapped as having good potential for being an aggregate resource (CGS Open File Report 02-12, 2002). Geotechnical samples from the test pits indicate the soils have some collapse potential, which is consistent with the statewide collapsible soils mapping done by CGS (CGS Engineering Geology Bulletin 14, 2008). The soils have a moderate erosion potential. Percolation rates reported by HB ranged from 56-320 min/in. The geologic conditions that may affect the proposed development at this site include flooding, loose and collapsible soils, seasonally shallow groundwater, and erosion. CGS offers the following suggestions to the County to incorporate into the development plan prior to approval. 1) The aggregate mineral resources at this site may be of future value, and should be addressed. 2) The site may be at risk for future flooding from the Colorado River. It may be prudent to conduct a flooding evaluation for this site to determine flood elevations and if mitigation is necessary. 3) Lot --specific subsurface foundation investigations and geotechnical testing should be done prior to building to identify specific subsurface conditions that may affect development (collapsible soils, depth to groundwater, etc.). 4) Lot -specific septic investigations should be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineered systems may be required depending on percolation rates and seasonally shallow groundwater levels. 5) Proper foundation and utility drainage should be established for all subsurface elements within 3 feet of seasonal high groundwater elevations, and positive drainage should be provided around structures to prevent water from infiltrating soils near foundations. Downspouts should be directed away from foundations. 6) Establish an erosion control plan using best management practices prior to any site development to control erosion and prevent sediment transport. 7) The KB report makes several recommendations that should be followed, including using sulfate - resistant cement for construction and that shallow foundations be placed on a minimum of 30 inches of structural fill and flatwork be placed on a minimum of 12 inches of structural fill. The fill should extend a distance equal to the thickness of the fill (ie minimum of 30 inches) beyond the lateral edges of the foundations. If you have any further questions regarding this site, please feel free to contact me at (303) 866-3518. Sincer-ly, TC Wait Engineering Geologist Cc: File STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us Kathy Eastley Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 SEP 1 1 6J08 GARFIELD COUIN I Y BUILDING & PLANNING RE: Strong Subdivision proposed zone change from ARRD to PUD For Wildlife - For People EXHIBIT V\ September 5, 2008 Dear Kathy: Thank you for the opportunity to review and comment on the proposed zone change and PUD preliminary plan to allow for a semi -industrial subdivision of the 17.57 acre property into 5 lots. The property is bordered by EnCana on the south and east, and by the 1-70 frontage road to the northwest. The intended use of the Strong Subdivision is for storage of oil and gas drilling supplies, equipment, and related materials for natural resource exploration. Neighboring properties are currently used for industrial purposes. The Division of Wildlife (DOW) has reviewed the Wildlife Assessment and Mitigation Pian and Integrated Vegetation and Noxious Weed Management Plan, and would like to offer the following comments. As stated in the Wildlife Assessment and Mitigation Plan, the proposed development area is has been recently bladed, and was previously occupied by heavily grazed saltbush shrubland recently dominated by greaswood and cheatgrass. Although the vegetation provides little forage value to wildlife, the location of the proposed development and associated roads lie within winter migration areas for mule deer and elk. Heavy traffic, particularly during winter months, can increase the number of roadkilled deer, elk and other wildlife species. The DOW recommends strict enforcement of speed limits to minimize negative impacts of traffic on migrating wiidiife. The DOW also supports the recommendation to remove all fencing and wires from previous grazing activities and old telephone lines. Large mammals including elk and deer can easily become entangeled in such fences and wires. If the newly subdivided lots are to be fenced, the DOW cautions that barbed wire fencing can be hazardous to wildlife, and recommends galvanized chain link fencing (6+ ft) to keep wildlife out. The DOW recommends minimizing soil disturbance to prevent the spread of weed species. Noxious weeds degrade wildlife habitat by outcompeting native plant species, particularly in disturbed areas, and if left untreated will continue to spread. Noxious weeds present on the Strong property include cheatgrass, halogeton, field bindweed, knapweed, bull thistle and salt cedar. The DOW supports the noxious weed treatments, best management practices, and revegetation recommendations stated in the Integrated Vegetation and Noxious Weed Management Plan. DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray Ex Officio Members, Harris Sherman and John Stulp The DOW finds no other significant impacts to wildlife regarding the Strong Subdivision, and appreciates the opportunity to comment on projects such as these. Please contact District Wildlife Manager Elissa Knox by phone at 970-255-6156 if you need further information. JT Romatzke Acting Area Wildlife Manager cc: Ron Velarde, Northwest Regional Manager JT Romatke, Acting Area Wildlife Manager Elissa Knox, District Wildlife Manager Brad Petch, Senior Habitat Biologist File VALL A GRAND VALLEY FIRE PROTECTION DISTRI �iA.■ c) 1777 S. BATTLEMENT PARKWAY, PO BOX 295 � PARACHUTE, CO 81635 pe `► �;cti PHONE: 285-9119, FAX (97+0) 285-9748 izr TE, C0 September 17, 2008 Kathy Eastley Garfield County Planning and Building Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Strong Subdivision Ms. Eastley, After looking over the Preliminary Plan and PUD Zone change we need to make sure that there is water storage on site at all times for fire suppression activities for Wildland and Structure fires at each location when future buildings are built. The road way labeled "Bud's Way" needs to meet IFC 2003 standards for Fire Apparatus access roads. The Cul de sac and road width are plenty large enough however it needs to meet the weight requirements for apparatus. If you have any questions regarding this review, 1 can be reached at the above listed phone number. Rob Ferguson Deputy Fire Chief — Operations Cc: Chief Blair File Kathy A. Eastley From: Roussin, Daniel [Daniel. Roussin@DOT.STATE.CO US] Sent: Tuesday, September 02, 2008 1 29 PM To: Kathy A. Eastley Cc: Fred Jarman; Babler, Alisa, Mertes, Pete Subject: Strong Subdivision and PUD Kathy - CDOT does have concerns about the Strong Subdivision traffic impacts as outlined in the June 4, 2008 Level 2 Traffic Study by Drexel , Barrel! & Co for County Road 300 (Una Road) at US 6. The development will cause a 20% traffic volume change and in accordance to the State Highway Access Code (2 CCR 601-1), an access permit shall be required for CR 300. The study indicates that safety improvements are needed at the intersection. I would also suggest that the County contact the railroad and PUC for their input on the railroad crossing impacts. This will be a challenging intersection (CR 300 and US 6). Please apply for the access permit for CR 300. The Access Code does allow the local government to transfer the responsibility for applying for the permit. The County may wish to do this in this situation by providing a delegation letter to another party. If you have any questions, please let me know. Dan Roussin Colorado Department of Transportation Region 3 Permit Unit Manager 222 South 6th, Suite 100 Grand Junction, Co 81501 970-683-6284 970-683-6290 FAX 9R 7/2008 MEMORANDUM To: Kathy Eastiey From: Steve Anthony Re: Strong Subdivision Date: September 17, 2008 EXHIBIT p Thanks for the opportunity to comment on this permit. It is requested that the applicant address the following: Noxious Weeds • The applicant has provided a noxious weed inventory. • Staff requests that the applicant treat the inventoried tamarisk trees prior to the start of any construction activities and that they please forward treatment records to this office once the work is complete. Revegetatio • A revegetation plan has been provided. • The applicant needs to quantify the amount of surface disturbance for all disturbances related to road cuts and utility easements. A security amount may be required if the amount of disturbance exceeds half an acre. Soil Management Plan A Soil Plan to include: • Provisions for salvaging on-site topsoil. • A timetable for eliminating topsoil andlor aggregate piles. • A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bkig., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 GEORGE P STRONG PO BOX 808 SILT, CO 81652 - EXST WELL PERMIT NUMBER 67484 -F DIV. 5 WO 39 DES. BASIN MD (970) 379-3265 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 114 Section 27 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 90 Ft. from South Section Line 1100 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NA083) Eastinq: Nerthinn- ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Hoard of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #070322SL(a) (amended). 4) Approved for the use of, an existing well, constructed on March 28, 1997, to a depth of 35 feet under permit no. 201120 (canceled) and later permitted for an expansion of use with a pump being installed November 7, 2007, under permit no. 66018-F (canceled) and rater permitted for an expansion of use under permit no. 66544-F (canceled). Issuance of this permit hereby cancels permit no. 66544-F_ 5) The use of ground water from this well is limited to fire protection, six (6) office units, five (5) warehouse units, the irrigation of not more than 5,000 square feet (0.11 of an acre) of gardens, lawns and landscaping. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect_ This well is known as Strong Well. 6) The pumping rate of this well shalt not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 2,89 acre-foot (941,706 gallons). 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case nurnber(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) This well shalt be located not more than 200 feet from the location specified an this permit and at least 600 feet from any existing well, completed in the sante aquifer, that is not owned by the applicant. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit nos. 201120, 66018-F and 66544-F were previously issued for this well at this location. NOTE: Parcel Identification Number (PIN): 23.2449-273-00-002 NOTE: Assessor Tax Schedule Number R460074 APPROVED DMW Q Slate Engineer By ,Receipt No. 9503067 _ DATE ISSUED 08-29-2008 EXPIRATION DATE EXHIBIT 1 k. It [hum) Jac. S6/1 ettanty, ['Zara 117 cgztuutivd Sptitlfp ea 816C1 ilianr: 9 7c-9.13 -6/39 e4e: 9 7C-94 cm/59. 97C -9.1.i-1 Well Test DATE: September 29, 2008 TO: George Strong Box 808 Silt CO. 81652 RE: Well Test Attn: George, A twenty four hour well test was performed on a well located at Una Bridge. The following results were obtained: Well Depth: 38' Water Level: 17' 4" Drawdown: 4' 4" Sustained Yield: 15 GPM Clarity: Clear Recovery: 100% within 22 minutes If you have any questions, please call Rick, 945-6159. & l(Si1.1)ump Inc ehb.,efi Richard A Holub Lie. No 1196 fI / Thank You! a-. \ Q r I A? KA 'aq 4-1 ;.Y r11 Fri B g Sao Engineers, Ltd. 8 8°` �.,. �'.nv9..L s mai .1-e i `- E ,y� i $ 48a er. Eronsion Control Plan Strong PUD off County Road 300 Parachute, Colorado WAGON WHEEL CONSULTING, INC. CODY W. SMITH 111 E 3' STREET, SUITE 213 RIFLE, CO 81650 OFFICE: (970) 625-8433 FAX: (970) 625-8435 October 14, 2008 Garfield County Attn: Building & Planning Department 108 8t' Street, Suite 400 Glenwood Springs, CO 81601 EXHIBIT 114_ To Whom It May Concern:, Wagon Wheel Consulting was retained by Strong Subdivisions on June 14, 2007 to conduct a sound monitoring test for their proposed subdivision of 5 lots. The sound study that Wagon Wheel Consulting completed accurately demonstrates the noise levels that can be expected from each individual lot. Wagon Wheel did not look at the noise levels from all 5 lots together, but at the possible noise levels from each lot separately. Noise levels where recorded for a 24 hour period to show peak times when the most activity is expected on The lots. Noise levels where primarily with in the allowable limits set forth by the Colorado State Noise Statute (C.R.S. § 25-12-101 ct. seq). With noise volumes averaging between 42 dBA and 58 dBA, with a few instances that noise levels peaked out between 65 dBA and 70 dBA, showing compliance with the Noise Statute for each individual lot. For the current zoning of the property the Colorado State Noise Statute states that noise levels are to be at 55 dBA day time hours and 50 dBA night time hours with allowable increases of 15 dBA for fifteen (15) minutes in any one hour period and at a distance of 350 ft. from center of location or 25 feet from property lines. After further review of noises created from the site Strong Subdivision will be able to maintain. compliance with the Colorado State Noise Statute even in the case that all 5 lots where operating at the same time. Noises are additive but with lower dBA readings the further away from the source of the noise at the property lines. Please note from the sound study that the majority of the higher readings where from operations adjacent to the property not associated with the proposed uses. Please contact me at (303) 902-1532 if you have any questions or comments on this matter or need additional information. Sincerely, Cody W. Smith Wagon Wheel Consulting, Inc. Senior Permitter li tltl[Ileston-Bern° 1:ngine rint=. l °EisFink. LLC (j101Yhite Avenue. Unit B Grand Junction, CO 81501 Phone: 970-255-8005 Fax: 97O -255 -flit t t; 1 tliisFt+ i1Fe",i;all i 1 October 6, 2008 Protect#00345-0001 George Strong PO Box 808 Silt, Colorado 81652 Subject: Geotechnical Response to Comments Strong Subdivision Parachute, Colorado Reference: Geotechnical Investigation, 304 Road Site, Parachute, Colorado by Huddleston - Berry Engineering & Testing, LLC for George Strong, July 25, 2006. Percolation Testing, 304 Rocad Site, Parachute, Colorado by Huddleston -Berry Engineering & Testing, LLC for George Strong, April 30, 2008. Dear Mr. Strong, At your request, Huddleston -Berry Engineering & Testing, LLC (TIBET) prepared this letter in response to comments by Garfield County and the Grand Valley Fire Protection District. Our responses to the applicable cotninents follow: Comment: "The development plan states that ISDS will he installed by the owner ofparcel, however there are soils issues on the site and additional information is necessary to determine whether ISDS is feasible". Response: Percolation testing was conducted for a structure in the western portion of the site in April 2008. The percolation testing results indicated that the native clay soils are not suitable for on-site sewage disposal and that imported suitable replacement soils would be necessary. The referenced geotechnical investigation indicates that the native soils are fairly consistent across the site. Therefore, HBET anticipates that replacement soils will be required for any additional ISDS on the site. However, it is generally recommended that additional percolation testing be conducted on the site in the vicinity of any proposed additional ISDS. Comment: "The site is relatively flat and contains the poteanial ,for collap.s•ible soils and a high water tabie...No mitigation has been provided". Response: As indicated in the referenced geotechnical report, the native clay soils at the site were indicated to be slightly collapsible with up to approximately 2% collapse measured in the laboratory. Due to the potential for collapse, a minimum of 30 - inches of structural fill was recommended below foundations. Strong St bdivision #00315-0001 10/06/08 fluddle knn-Derry F.i..:iind With regard to a high water table, groundwater was not encountered in the test pits to the depth explored of 8.0 feet. While there is the potential for higher groundwater in the future, HBET does not believe that shallow groundwater will adversely impact construction at this site. Comment: "The road way labeled "Bud's Way' needs to meet IFC 2003 standards for Fire ,apparatus access roads. The cul de sac and road width are plenty large enough however Lit needs to ?meet the weight requirements fir apparatus". Response: In order to evaluate the gravel roadway with respect to heavy fire truck axle loading, the roadway was proof rolled with a loaded 10 yd3 dump truck in June 2008. No deflection of the roadway was observed during the proofrolling. Therefore, HBET believes that the roadway is adequate to support lire engines in accordance with IFC 2003. We are pleased to be of service to your project. Please contact us if you have any questions or comments regarding the contents of this letter. Respectfully Submitted: Huddlgsto, 4 -Berry Engineering and Testing, LLC 1t1lL&i, H I ur=Ll Michael A. Berry,.E. Vice President of Engineering R:MOS AL LIRFJEC1S`007a5-Su oag. GenrgeA03i5.00.0 Svon Lvm6et,,OO-Geo`00335.OJOI LRIOO60$. doe 2 Justification for Uses Not Itemized in the Zoning Resolution EXHIBIT VNI Site planning for the development was initiated in an attempt to identify appropriate uses that would provide the natural gas development industry with the infrastructure and land necessary to locate and operate their businesses. It is understood that many of the land uses that are be required today may not be as necessary in the future. Hence, planning has been conducted to identify the land uses that would be of most benefit today, as well as land uses that may be needed in the future. Not all proposed land uses within the PUD are currently recognized in the underlying AIR/RI] zone district. However, the subject land uses are identified in the proposed new land use regulations currently under review by the Board of County Commissioners as being appropriate for what would become the zone district now known as AYR/RD. In order that we may propose a development that meets the needs of today and attempt to meet future, potential needs, a few additional land uses are proposed. Specifically, those uses are: Materials lab and testing and Warehouse and Distribution Center. Materials lab and testing is a wholly integrated use into the industrial nature of the development and would conform exactly with the purposes of the development. The Warehouse and Distribution Center provision recognizes the likely evolution of land uses in the area, as they transition from natural gas development support to something else in the future. The subject property enjoys over 1500 feet of frontage adjacent to the Union Pacific railroad corridor and would make an excellent, possible shipping point sometime in the future. Staff has recommended these proposed uses be justified using the criteria contained in Section 5.03.09 of the Zoning Resolution, to wit: Uses Not Itemized: Upon application or on its own initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the following special findings: 1] Such use is appropriate to the physiographic and general environmental character of the District to which it is added; Response: The general physiographic and environmental character of the area within the zoning district has been transitioning to commercial and industrial, with all adjacent land uses being industrial in nature. The adjacent railroad corridor provides an excellent opportunity to provide a land use that may be advantageous in the future. 2] Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added; Response: Within the framework of the underlying, A/PJR.D zone district, the proposal for a materials testing lab and the warehouse and distribution center would not result in any environmental degradation. Within the framework of the proposed PUD and the existing character of the area, the land uses would not create any out of character uses and would fit perfectly into the commercial and industrial character of the area. 3J Such use does not create any more offensive noise, vibration„ dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added; Response: The proposed material testing lab would not result in any of the offensive effects mentioned above. The proposal for adding the warehouse and distribution center is categorized as a Special Use within the PUD Guide. Hence, if the land use is proposed sometime in the future, the relative impacts expected to be caused by the use would be fully reviewed prior to permitting and operation of the use. 4.1 Such use is compatible to the uses existing and permitted in the district to which it is added. If the County Commissioners approve the zone text as submitted in the proposed new land use regulations, it would be making a determination that indeed the uses are compatible. However, outside of this determination, when considering the area in which the uses are proposed, a finding of compatibility can be made. Again, the area has transitioned to one that provides services and land for the natural gas industry and, when evaluated for future comprehensive planning purposes, it is expected the are would very likely be designated as being ripe for rezoning to commercial and industrial. Justification for Increased Height of Structures within the PUD The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building: 11 It's geographical location; Response: The present zoning of the property is A/R/RD. This zoning contemplates, generally, that residential uses are the most -likely use of the lot. The geographical area has been transitioning over the last decade to a much more intensively utilized area for natural gas industry support. It is quite likely when the area is next studied for updating the County Comprehensive Plan, it will be recognized that the area would be more appropriately zoned commercial and industrial. Industrial zoning tends to focus on larger, heavier industries that utilize larger structures. In fact, the adjacent Encana Compressor Facility has structures that are 40 feet in height, demonstrating the transitioning of the land uses in the area. 2] The probable effect on surrounding slopes and mountainous terrain; Response: There would be no negative effect on slopes or mountainous terrain as the site slope is quite gentle. Hence, no substantial grading or slope side -cutting will be performed in the construction of the taller structures. 3] Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; Response: The development is limited to no more than 15% of site coverage by buildings. Hence, there will not be a cavernous effect on narrow or limited corridor space between buildings. Furthermore, due to the site coverage limitation, the buildings will not appear to be more massive or bulky than they would if more of the site were to be allowed to be developed with structures. Finally, the area has evolved to be industrial in nature and land uses in the immediate vicinity are similar to what is proposed in this development. 4] Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view; Response: As discussed above, the site coverage for buildings of no more than 15% will result in a less dense type of development. Hence, shadows cast off site would be quite minimal or nonexistent None of the surrounding properties contain residential uses, nor do any of the surrounding properties utilize solar aspect in their operations. 5] Influence on the general vicinity, with regard to extreme contrast, vistas and open space; and Response: As discussed previously, the area is rapidly transitioning to industrial in use and character. The proposal for increased height for structures is not in conflict with the actual land uses in the vicinity. No extreme contrast would result as the PUD Guide requires using earth -tone color schemes for structures. Vistas and open space would still be preserved by the 15% maximum lot coverage provision for structures. 6] Uses within the proposed building. Response: Uses within the anticipated structures are consistent with the industrial nature of the development and the area. Typically, these uses include heavy equipment and large materials that are best accommodated within larger structures. Larger structures allow the fabrication of larger materials that are anticipated to occur within the development. 12 November 2008 Ms Kathy Eastley, Planner Garfield County Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Via Hand Delivery Eric D. McCafferty, President Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 compass@sopris.net RE: Strong Subdivision and Planned Unit Development Kathy, RECEIVED NOV 1 4 2008 :DARFIELD CORNY BUILDING 8 PLANNING Pursuant to the conditional approvals recommended by the Garfield County Planning Commission at its hearing October 22, 2008,1 am submitting, herewith, revised subdivision and PUD documents. The PUD Guide, proposed draft declaration of covenants and the proposed draft well -sharing agreement have been amended consistent with the staff specific recommendations and the Planning Commission recommendations and motion to approve. The following sections have been amended: Planned Unit Development Guide: Standard 9, page 6. The standard has been amended to allow lots to be used "in tandem" without being considered merged in title. Standard 14, page 6. This standard has been amended to create a tie to the section of ASTM that addresses the scope of a Phase 1 Environmental Site Assessment. Item 7, page 7. This item has been added to regulate the number of categorized uses that are allowed to be conducted on an individual lot to one (1). Draft Declaration of Covenants: General formatting changes have been made to the document. Former Section 3.08 addressing encroachments has been removed in its entirety. Section 4.01 has been amended to conform more closely to the PUD Guide, noting those uses allowed as uses -by -right and uses allowed by special review. This section creates additional ties to the PUD Guide in paragraphs (b) and (c). Section 4.14 Variances has been amended to state that the subdivision covenants shall not abrogate zoning. Section 11.03 Amendments has been arnended to state that no amendment to the covenants shall have the effect of abrogating zoning. Well -Sharing Agreement: Item 3 has been amended to apportion the ownership interests from 1/5 interest to 1/6. Item 4 has been amended in a similar manner and giving the operation assessment to the Parcel Owner's Association. Item 6 has been amended similarly. According to my notes from the aforementioned hearing, these are the specific areas of required amendment to the documents. If you have any additional items that I have not addressed, please contact me at your convenience. Thank you. Sincerely, Eric D. McCafferty WELL SHARING AGREEMENT THIS AGREEMENT is entered into by and between UNA DEVELOPMENT, LLC, a Colorado Limited Liability Company, and lot purchasers of lots within the Strong Subdivision Planned Unit Development. WITNESSETH WHEREAS, Una Development (hereinafter Developer) owns certain property in Garfield County, Colorado, specifically the Strong Subdivision and Planned Unit Development (hereinafter Development), County of Garfield, State of Colorado the final plat of which is recorded as Reception Number in the Garfield. County Clerk and Recorder's Office; and WHEREAS, a water well commonly referred to as the Strong Well and permitted as Colorado Division of Water Resources Well Permit Number 67484-F (a copy of said permit is attached hereto as Exhibit A and incorporated herein by this reference), currently exists on Parcel 3, and provides a water supply to all parcels in the development. WHEREAS, the parties desire to ensure the supply of water to all parcels in the development now and in the future, and desire to set forth their understanding and agreements with regard to the future ownership, use and maintenance of the Strong Well. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the partes agree as follows: 1. The Strong Well structure and related facilities, including the pump, pipelines, well equipment, and well permit, shall be owned by the PUD Parcel Owners Association. The parties further agree that their respective interests in the Strong Well shall be appurtenant to the benefited parcels, and such interests may not be conveyed separately for the respective parcels. The water rights for the well, as augmented, are owned by the Strong Subdivision PUD Parcel Owners Association for the benefit of all owners. 2. Una Development will reserve and/or convey all necessary easements to the other parcel owners for supplying water to all parcels in the development, and for the operation, maintenance, repair and replacement of the Strong Well, its pump, pipelines and well equipment. 3. All costs incurred for the operation, repair, maintenance and replacement of the Strong Well, its pump, common pipelines and well equipment which are deemed to commonly benefit the owners shall be paid according to the following formula: Parcel 1 two -sixths (2/6); Parcels 2 through 5, inclusive, one-sixth (1/6). However, each owner shall bear the cost of operation, repair, maintenance and replacement of pipelines or other components which are not used in common, but which are used solely to provide water service to that owner's parcel. It is the intent of the parties that each owner will be solely responsible for the operation, repair, maintenance and replacernent of that part of the water delivery system which is solely used to provide water service from the well to that owner's parcel. 4. The parties acknowledge that pump electric charges will be paid by the Parcel Owner's Association. Monthly dues will be assessed by the Parcel Owner's Association, a portion of the assessment shall include the electric hill for the Strong Well. Parcel 1 shall pay two -sixths of the bill, Parcels 2 through 5, inclusive, shall each pay one-sixth (1/6). 5. In the event that any owner determines that repair, maintenance, improvements, or replacements are necessary for the well structure, pipelines or appurtenant common facilities, such owner shall notify the other owners in writing. The owners agree to cooperate for the purpose of entering into mutual agreements for completion and payment of such repairs, maintenance, improvement or replacement costs. Should the parties fail to reach mutual agreement on payment or shared costs and expenses, the Parcel Owner's Association for the development shall be authorized to hear and settle such a dispute after review of all facts, which decision shall be binding on all owners. Any owner shall be entitled to make any and all reasonable improvements in an emergency which are essential for the proper functioning of the well, pump, pipeline or appurtenant facilities and to seek reimbursement from the other owners. 6. The parties agree that all common expenses and costs incurred for the operation, repair, maintenance and replacement of the well, its pump and common pipelines shall be paid by the PUD Parcel Owners Association. 7. Each owner shall be entitled to its proportionate share of the water produced from the Strong Well, subject to the Declaration of Covenants of the development and the conditional approval of Well Permit #67484-F. No owner shall use more that its proportionate share of the water physically available from the well. Each party agrees that the water withdrawn for the well shall be used only for those uses itemized in the Planned Unit Development Guide recorded at Reception Number in the records of the Garfield County Clerk and Recorder. The parties further agree that the water from the Strong Well shall be used in accordance with any other terms and conditions imposed on the well permit. 8. No owner may waste water, and each owner shall exercise prudence and conservation in the use of the water. The owners each agree to exercise such prudence and conservation to allow for efficient and beneficial use of the well and to avoid burdening the aquifer and well pump unnecessarily. 9. In the event that any government or judicial authority imposes future requirements or restrictions on the use of the Strong Well, the owners agree to mutually comply with such requirements to ensure a continuing water supply for each parcel. The parties agree to share equally in any costs associated with such compliance. 10. In the event the Strong Well should ever run dry or fail for any reason, the owners may decide either to redrill the well or drill a new well. Should the owners fail to reach agreement on the proper remedy, the Parcel Owner's Association shall be requested to make such a decision, which decision shall be binding on the owners. 11. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, transferees and successors in interest. 12. The language used in this Agreement and all parts thereof shall be construed as a whole according to its plain meaning and not strictly for or against any party. 13. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting agreement shall remain in full force and effect. 14. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understanding between the parties are integrated and merged into this Agreement. 15. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder. Any future amendment to the Agreement shall also be recorded in the same manner. 16. The Developer states this agreement shall run with the parcels of land as described on the Final Plat of the Strong Subdivision and Planned Unit Development, Garfield County, CO, and any amendments thereto, and be a burden and benefit upon those properties. 17. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original but all which shall constitute one and the same document. 18. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by facsimile transmission, electronic mail or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the appropriate parties. All notices by hand delivery shall be effective upon receipt. All facsimile or electronic mail transmission shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address and postage. 19. The terms of this Agreement and the obligations, duties, responsibilities and benefits hereunder shall survive closing on any conveyance of real property described herein, and shall not merge with the deed or other conveyance documents. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC Date: By: Date: Purchaser of Parcel STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Acknowledged, subscribed and sworn before me this day of 2008, by , Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: DECLARATION of PROTECTIVE COVENANTS FOR STRONG SUBDIVISION PLANNED UNIT DEVELOPMENT THIS DECLARATION is made this day of . 2008 UNA Development, LLC., a Colorado limited liability company ("Initial Owner"), RECITALS A. Initial Owner owns all of the real property interests legally described on Exhibit A attached hereto and by this reference incorporated herein (the "Property"), Initial Owner wishes to develop the Property as a high quality, aesthetically pleasing and harmoniously designed Planned Unit Development (the "Development"). The law which generally governs developments similar to the Development is the Colorado Common Interest Ownership Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as the same may be amended from time to time (the "Act"). Under the Act, the Development would be considered a "common interest community" (as such term is defined in the Act) of the type known as a "planned community" (as such term is defined in the Act) because portions of the Property are designated for separate ownership by individuals or entities and the remainder of the Property is designated for ownership by the "Association" (as such term is defined in Section 1.03 hereof). S. Under the provisions of Section 38-33.3-116 of the Act, a planned community which only "units" (as such term is defined in the Act) are restricted to nonresidential use and which is not subject to any "development rights" (as such term is defined in the Act) is subject only to the provisions of Sections 38-33.3- 105,38-33.3-106 and 38-33.3-107 of the Act unless the "declaration" (as such term is defined in the Act) provides that the entire Act is applicable. In Section 4.01 hereof, the units are restricted to nonresidential use and in Section 1.06 hereof, Initial Owner declares that Initial Owner is not reserving development rights in this instrument. Initial Owner further declares that it is initial Owner's intention that the entire Act shall not apply to this instrument or the Development although specific provisions of the Act may be incorporated Into this instrument by express reference herein so as to apply to the Development ARTICLE I DECLARATIONS 1.01: General Purposes. Initial Owner desires to establish a means to ensure the proper use and appropriate development of the Development by means of mutually beneficial covenants, conditions and restrictions imposed on the Development for the benefit of Initial Owner and all future owners of any portion of the Development. 1.02: Declaration. To further the purposes expressed in Section 1.01 hereof, Initia! Owner, for itself and its successors and assigns, hereby declares that the Property shall, at all times, be owned, held, used and occupied subject to the provisions of this instrument, to the covenants, conditions and restrictions herein and to all amendments and supplements hereto. 1.03: Name of the Development and Name of the Association. Initial Owner declares that the name of the Development Strong Subdivision Planned Unit Development and that the name of the "unit owners association" (as such term is defined in the Act) organized to govern and administer the Development is Strong Subdivision Owners Association, a Colorado nonprofit corporation (the "Association") 1.04: Location and Type of Development. Initial Owner declares that all of the Development is situated in Garfield County, Colorado, and that the Development is a planned community for the reasons set forth in the Recitals. 1.05: No Declarant. Initial Owner is entering into this instrument in its capacity as owner of the Property and declares that it is Initial Owner's intention that initial Owner shall not be considered a "declarant" (as such term is defined in the Act) and, accordingly, Initial Owner shall not have either the rights or obligations of a declarant under the Act, except the obligation to deliver a copy of this instrument as recorded to the Assessor of Garfield County, Colorado set forth in Section 38- 33.3-1 05 of the Act. This instrument does, however, create certain rights and obligations of Initial Owner with respect to the Development which are similar to rights and obligation of a declarant under the Act, but the rights and obligations of Initial Owner are governed by the "Declaration" (as such term is defined in Section 2.07 hereof) and not by the Act. 1.06: No Development Rights. Initial Owner declares that it is Initial Owner's intention that Initial Owner does not reserve any development rights which would include the rights to: (a) add real estate to the Development; (b) create additional units, or "common elements" or "limited common elements" (as such terms are defined in the Act) within the Development; (c) subdivide units or convert units into common elements or (d) withdraw real estate from the Development. ARTICLE 2 In addition to the definitions set forth above or below, the following terms shall have the following meanings when used herein; 2 CERTAIN DEFINITIONS 2.01: Articles. "Articles" shall mean the articles of incorporation of the Association as the same may be amended from time to time. 2.02: Board of Directors. "Board of Directors" shall mean the governing body of the Association which is the "executive board" of the Association (as such term is defined and used in the Act). 2.03: Budget. "Budget" shall mean the plan for each fiscal year of the Association for the payment of current Common Expenses, for the reservation of funds for the payment of future Common Expenses and for obtaining the funds required for such payments to be adopted by the Association in accordance with the provisions of Section 8.01 hereof. 2.04: Bylaws. "Bylaws" shall mean the bylaws of the Association in effect from time to time. 2.05: Common Area. "Common Area" shall mean the real property identified as rights-of-way and easements on the Plat which is intended for ownership by the Association. 2.06: Common Expenses. "Common Expenses" shall mean expenditures made or liabilities incurred by or on behalf of the Association in the performance of its duties under the Declaration, the Articles, the Bylaws or the Rules, whether or not the same may be expressly declared to be Common Expenses. 2.07: Declaration. "Declaration" shall mean this instrument, the Plat and all amendments and supplements to this instrument and the Plat hereafter recorded in the real property records of Garfield County, Colorado. 2.08: Design Guidelines. "Design Guidelines" shall mean the design guidelines for the Development set forth on Exhibit B attached hereto and by this reference incorporated herein. 2.09: Easement. "Easement" shall mean the easement created pursuant to the provisions of Section 3.02 hereto. 2.09: First Lienor. "First Lienor" shall mean: (a) a Lienholder holding a Security Interest encumbering any portion of the Development which is recorded after the date of recording of this instrument, and, (b) a Lienholder holding a Security Interest encumbering a Parcel which is recorded after the date of recording of this instrument and which has priority over all other Security interests 3 encumbering such Parcel, 210: Guest. "Guest" shall mean any individual who is present at the Property at the express or implied invitation of an Owner including, without limitation, friends, relatives, agents, contractors, employees, tenants or business invitees of an Owner. 2.11: Improvements. "Improvements" shall mean all buildings, structures, fences walls, parking areas and landscaped areas located on a Parcel, including all utility facilities and equipment located on that Parcel, which serve only that Parcel and all other improvements which are constructed on that Parcel. 2.12: Lienholder. "Lienholder" shall mean: (a) the holder of a Security Interest encumbering any portion of the Property which is recorded on the date of this instrument and (b) the holder of a Security Interest encumbering a Parcel which is recorded after the date of this instrument without regard to the priority of such Security Interest with respect to all Security Interests encumbering the same Parcel. A First Lienor is also a Lienholder. 2.13: Parcel. "Parcel" shall mean any parcel of land designated as a Parcel on the Plat and which is intended for separate ownership by an Owner. Each parcel is identified by the number of such Parcel shown on the Plat. An individual Parcel may be referred to in the Declaration by such Parcel's number as shown on the Plat. A Parcel constitutes a unit as such term is used in the Act. For the purposes of this Declaration, the terms Parcel and Lot are interchangeable with each other and shall have the same meaning. 2.14: Owner. "Owner" shall mean any individual or any corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado that is the record owner of a fee simple interest in one or more Parcels according to the real property records of Garfield County, Colorado. Initial Owner is the initial owner of all of the Lots. 2.15: "Plat" shall mean the Final Plat of the Strong Subdivision Planned Unit Development, recorded 2008, at Reception Number of the real estate records of Garfield County, Colorado, and all amendments and supplements thereto, thereafter recorded in the real estate records of Garfield County, Colorado. 2.16: Rules. "Rules" shall mean the rules and regulations in effect from time to time, as adopted by the Board of Directors in the manner set forth in the 4 Declaration, or pursuant to the Articles and Bylaws. 2.17: Security Interest. "Security Interest" shall mean an interest in real estate or personal property created by contract or conveyance securing payment or performance of an obligation which encumbers any portion of the Property and is recorded on the date of this instrument or which encumbers a Parcel and is recorded after the date of this instrument. A Security Interest includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.18: Sharing Ratio. "Sharing Ratio" shall mean the "allocated interests" (as such term is defined in the Act) of each Lot which is equal to the fraction of one-fifth (1/5). The Sharing Ratio is utilized, among other things, to determine the fractional interest of the total liability for assessments for Common Expenses allocated to a Parcel pursuant to Section 8.05 hereof. The formula utilized to determine the Sharing Ratio of each Parcel is to allocate the total liability for Common Expenses and the total votes in the Association equally to each Parcel. ARTICLE 3 PROPERTY RIGHTS 3,01: Parcels and Common Area. (a) The Plat divides the Property into five (5) Parcels and the Common Area. Initial Owner has not reserved the right to add additional Parcels to the Development so that the maximum number of Parcels which may be made, subject to the Declaration, is five (5). (b) Initial Owner shall convey the Common Area to the Association after the recording of this instrument but in any event prior to the conveyance of all Parcels to Owners other than Initial Owner. Such conveyance of the Common Area shall be made by a special warranty deed free and clear of all encumbrances except those matters set forth in a title commitment for the subject Parcel, (c) All Owners shall have a right and easement of enjoyment in and to the Common Area for the purposes for which the Common Area were designed, which right and easement shall be appurtenant to and shall pass with the title to the Parcels. Such use by an Owner shall be in common with all other Owners 5 without hindering, impeding or imposing upon the rights of the other Owners and in accordance with the provisions of the Declaration and the Rules. Any Owner may delegate such Owner's right to use, benefit from and enjoy the Common Area to such Owner's Guests; provided, however, that such Owner shall be responsible for damages caused by any such Guest and for the violation by any such Guest of the provisions of the Declaration, the Articles, the Bylaws or the Rules in connection with the usage of the Common Area by any such Guest. 3.02: Easement. Initial Owner hereby makes, establishes, declares, grants and reserves a blanket easement in favor of each Owner and any governmental, quasi-governmental or private entity providing utility services to any Parcel, over, under, across, upon, and through the Common Area for installing, replacing, repairing, maintaining and providing all utility services to the Improvements located on a Parcel, including, without limitation, water, gas, electric, storm sewer, sanitary sewer, cable television, satellite communications and telephone services. By virtue of this grant of easement, it shall be expressly permissible for the providing entity to erect and maintain the necessary facilities and equipment in the Development. Any entity providing such utility services shall be responsible for any damage caused by such entity to the Development while utilizing the Easement created by this Section 3.02 and for any costs incurred by the Association as a result of such damage and shall be further required to promptly repair or restore any portion of the Development disturbed or damaged by such entity's utilization of the Easement created by this Section 3.02. The Easement created by this Section 3.02 shall be appurtenant to each Parcel so that a transfer of title to any interest in such Parcel shall automatically transfer a proportionate interest in such Easement. 3.03: Title to Parcels. Title to a Parcel may be held individually or by any entity or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Parcel in which such Owner owns an interest. 3.04: Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Parcel shall legally describe it substantially as follows: "Parcel _ Strong Subdivision Planned Unit Development, according to the Plat for Strong Subdivision Planned Unit Development recorded 2008, at Reception Number of the real estate records of Garfield County, Colorado and subject to the Declaration for Strong Subdivision P.U.D recorded 2008 at Reception No. of the real estate records of Garfield County, Colorado." 6 Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber, lease or otherwise affect not only the Parcel, but also the interest in the Easement made appurtenant to such Parcel by the Declaration. The interest in the Easement made appurtenant to any Parcel shall be deemed conveyed or encumbered with that Parcel, even though the legal description in the instrument conveying or encumbering such Parcel may only refer to that Parcel. The reference to the Declaration in any instrument shall be deemed to include any supplements or amendments to the Declaration, without specific reference thereto. 3.05: Separate Assessment. Initial Owner shall give written notice to the Assessor of Garfield County, Colorado requesting that the Parcels be separately assessed and taxed and that the total value of the Common Area be assessed and taxed proportionately with each Parcel in accordance with such Parcel's Sharing Ratio as provided in Section 38-33.3-105 of the Act. After this instrument has been recorded in the real estate records of Garfield County, Colorado, Initial Owner shall deliver a copy of this instrument as recorded to the Assessor of Garfield County. 3.06: Use Compliance. The use of the Parcels shall comply with: (a) the terms, conditions and obligations set forth in the Declaration; (b) the matters set forth on the Plat; (c) the terms, conditions and obligations set forth in the documents described in Exhibit C attached hereto; and (d) all present and future laws, rules, requirements, orders, directions, ordinances and regulations (including zoning regulations) affecting the Parcels of any governmental authority having jurisdiction over the Parcels and of their departments, bureaus or officials. 3.07: No Partition of Parcels. No Owner may assert any right of partition with respect to such Owner's Parcel. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Parcel. This Section 3.07 shall not, however, limit or restrict the right of the Owners of a Parcel to bring a partition action pursuant to Article 28 of Title 38 of Colorado Revised Statutes, requesting the sale of the Parcel and the division or the proceeds among such Owners; provided that no physical division of the Parcel shall be permitted as a part of such action and no such action shall affect any other Parcel or the Common Area. 3.08; No Mechanic's Liens. (a) If any Owner shall cause any material to be furnished to such Owner's Parcel or any labor to be performed therein or thereon, no Owner of any other Parcel shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it 7 to be done, and such Owner shall be solely responsible to contractors, laborers, materialman's and other persons furnishing labor or materials to such Owner's Parcel. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Area or any Parcel other than that of such Owner with any mechanic's or materialman's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given), the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Parcel for work done or materials furnished to any other Owner's Parcel is hereby expressly denied, (b) if, because of any act or omission of any Owner, any mechanic's or materialman's lien or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Parcel or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall at such Owner's own cost and expense cause the same to be canceled and discharged of record or bonded in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within 20 days after the filing thereof, and further shall indemnify and save all such parties harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys' fees resulting therefrom. 3.09: No Dedication. Nothing contained in the Declaration (which includes the Plat) shall be deemed a grant or dedication of any portion of the Development to the public or for public use unless such grant or dedication is expressly provided for in the Declaration. ARTICLE 4 RESTRICTIONS 4.01: Use Restrictions. (a)The use of all Lots shall be restricted to nonresidential uses and shall be governed by the Planned Unit Development Guide for Strong Subdivision which was recorded 2008, at Reception No. of the real estate records of Garfield County, Colorado, as the same may be amended from time to time. Without limiting the generality of the foregoing, the following uses shall be permitted on all Parcels: Uses -By -Right: (1) Business Offices associated with any of the following categorized uses; (2) Contractor Yard; (3) Fabrication; (4) General Storage; (5) 8 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; (11) Material Handling; Uses By Special Review: (12) Processing; (13) Warehouse and Distribution Center; and (14) Concrete and Asphalt Batch Plant(s). (b) No Parcel shall be allowed a combination of categorized uses, except that each Parcel shall be allowed an office use conducted in tandem with the categorized use. (c) At any given time, Parcel 1 shall be allowed two (2) separate leasehold interests. Parcels 2 through 5, inclusive, shall each be limited to one (1) leasehold interest, (d) An Owner shall have the right to lease such Owner's Parcel upon such terms and conditions as such Owner may deem advisable; provided, however, that: (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of the Declaration; (ii) a Parcel may be leased only for the uses and occupancies described in this Section 4.01 hereof; and (iii) any failure of a lessee to comply with the terms of the Declaration, the Articles, the Bylaws, or the Rules shall constitute a default by such Owner under the applicable document. 4.02: Signs. (a) An Owner shall have the right to place no more than one monument sign per Parcel and one wall sign per business on a building identifying the business within that building on such Owner's Parcel. No signs of any kind or nature shall be placed on any portion of the Development by any Owner without the prior written approval of the Board of Directors of the design of any proposed sign in accordance with the provisions of Article 5 hereof, which approval may be granted or withheld by the Board of Directors based upon the Design Guidelines and the standard that all signs must be compatible with the architecture of the Development. (b) Initial Owner shall be entitled to place a monument sign which identifies the Development on the Common Area at Initial Owner's expense, but such sign shall be maintained by the Association and the costs of maintenance of such sign shall be a Common Expense. The Association shall have the right to cause no trespassing signs, signs concerning traffic and parking regulations, signs which identify the Development or other signs concerning the administration and management of the Development to be placed on the Common Area and such signs shall be a Common Expense. All such signs shall conform to the Design Guidelines as contained in the PUD Guide. 9 4.03: Service Yards and Fuel Storage. Each Parcel must maintain perimeter fencing. No storage shall be permitted outside of the enclosed service yard. No above ground storage of fuel tanks shall be permitted on any Parcel, unless approved by the Board of Directors and unless such storage provides for a spill containment area with a volume of at least 110 percent of the storage amount. No items of any kind shall be stored on any portion of the Common Area. 4.04: Trash. No trash shall be stored outside on a Parcel unless it is placed in a covered trash container which is located within an enclosed service yard. No refuse may be dumped or buried underground on any Parcel. No items of any kind shall be dumped on any portion of the Common Area. 4.05: Vehicles. No parking shall be permitted on any portion of the Common Area and no vehicles shall be parked on any portion of a Parcel, except within a building located on the Parcel or the area of the Parcel designed for parking. No inoperable vehicles will be allowed to be stored, long-term, on any Parcel. 4.06: Animals. No animals shall be raised, bred, kept or regularly brought to the Development except for dogs or other animals which are trained to and are in fact assisting persons with disabilities and except for dogs which may be brought to the Development by an Owner if the conditions set forth in this Section 4.06 concerning dogs are met. The keeping of livestock, poultry, goats and other farm animals shall not be allowed. If an Owner desires to bring a dog to the Development, such Owner may do so only if there are adequate facilities, such as a fenced yard, dog run or kennel, to contain the dog. All dogs must be in direct control of the person bringing the dog to the Development or kept within a fenced yard, dog run or kennel and no dogs will be allowed to run at large in the Development. No contractor or subcontractor shall be allowed to bring dogs to the Development during the course of construction of the Improvements on a Parcel, with the exception of bird feeders, the feeding baiting, salting or other means of attracting wildlife is not permitted in the Development. 4.07: No Noxious Offensive Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Development nor shall anything be done or placed on any part of the Development which is or may become a nuisance or cause any unreasonable disturbance or annoyance to others. No activities shall be conducted on any part of the Development which are or might be unsafe or hazardous to any person or property. No glaring light, loud or annoying sound or vibration, smoke or unpleasant odor arising from the use of a Parcel shall be permitted. 4.08: No Imperiling of Insurance. No Owner, no Owner's Guests, nor any lessee shall do anything or cause anything to be kept in or on the Development that might result in an increase in the premiums of insurance obtained by the 10 Association or which might cause cancellation of such insurance without the prior written consent of the Board of Directors first having been obtained. 4.09: No Violation of Law. No Owner, no Owner's Guests, nor any lessee shall do anything or keep anything in or on the Development which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.10: No Resubdivision. No Parcel shall be resubdivided into smaller tracts or lots. 4.11: Mining and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth. 4.12: Solar Applications. The installation or use of either active or passive solar equipment shall not be prohibited or restricted solely on the basis of aesthetic considerations, unless such considerations are reasonable and do not significantly increase the cost of such installation or use. 4.13: Temporary Structures, Occupancy and Incomplete Structures. No temporary structures or office trailers shall be allowed on any Parcel other than in connection with and during the period of construction, alteration or demolition of the Improvements on a Parcel. No space or area of any improvement on a Parcel shall be occupied in any manner prior to completion of construction and the issuance of a temporary or permanent certificate of occupancy by the appropriate governmental authority with respect to such space or area. No partially completed structure shall be allowed to remain on a Parcel, except during the period of construction, alteration or demolition of such structure and providing that the completion of such construction, alteration or demolition is being pursued with reasonable diligence. 4.14: Variances. The Board of Directors shall be entitled to grant reasonable variances to the restrictions contained in this Article 4 in order to prevent undue hardship to any Owner or for any other good cause shown to exist by an Owner. Any such variance may be granted upon any such conditions as the Board of Directors shall determine. Variances shall not be allowed that may interfere with or abrogate the zoning of the Parcels within the Development. 4.15: Weeds. Weeds shall not be allowed to thrive anywhere in the development. The Parcel Owner's Association shall be authorized to ensure strict compliance with this section. Individual parcel owners or their lessees shall be required to remove or eradicate weeds growing on its Parcel(s). The owners association 11 shall be responsible for weed control and eradication on all common areas. 4.16: Drainage Easements. Drainage easements shall be under the control of the Parcel Owner's Association. No parcel owner or lessee shall obstruct any drainage area or improvement that would affect the proper functioning of the drainage easement or structure. ARTICLE 5 ARCHITECTURAL CONTROL 5.01: Design Approval. Initial Owner shall not be required to obtain the approval of the Association for the design of any improvements to be constructed on any Parcel owned by Initial Owner, but such design shall conform to the Design Guidelines. Except for such construction by Initial Owner, no Improvements may be constructed on a parcel and no modifications to the exterior of any Improvements already constructed on a parcel (including without limitation an addition to the structure or the painting of a structure a different color than previously) may be undertaken without in each case obtaining the prior written approval of the Board of Directors of the design of the proposed construction or modification. The Board of Directors shall not be required to grant approval of the design of any construction or modification which would violate the use and occupancy restrictions of Section 4.01 hereof or any other restrictions contained in Article 4 hereof. in considering each request for design approval, the Board of Directors shall be guided by the Design Guidelines and shall attempt to assure that all Improvements within the Development are architecturally compatible and in a compatible color scheme while allowing reasonable and tasteful deviations from the architectural design and style of the Development. 5.02: Approval Procedures. Whenever any Owner requests design approval from the Board of Directors, the Board of Directors may request that such Owner provide the Board of Directors with such items as the Board may reasonably request in order to inform the Board of Directors about the matter requiring approval. The Board of Directors shall not be required to take any action with respect to a requested design approval unless and until the Board of Directors receives all items reasonably requested by the Board of Directors. Once all of such items have been furnished to the Board of Directors, the Board of Directors shall have 30 days to approve the request as submitted, to approve the request with such reasonable conditions as the Board of Directors may require or to reject the request and, if the Board of Directors does not so act within such 30 day period, the request shall be deemed approved as submitted. If the request is approved, the matter approved shall be undertaken by the Owner in accordance with the items submitted to the Board of Directors and any conditions placed 12 upon such approval by the Board of Directors. 5.03: No Liability. The Board of Directors shall neither be responsible nor liable for damages because of any failure to act, disapproval nor failure to approve or disapprove any request for design approval or because of any defects in any items submitted to the Board of Directors in connection with any request for design approval. Any Owner requesting design approval by the Board of Directors by so doing agrees and covenants not to bring any action or suit to recover damages against the Board of Directors, its members as individuals, or its advisors, employees or agents or the Association and its officers and members. ARTICLE 6 THE ASSOCIATION 6.01: Membership. (a) Initial Owner shall be a member of the Association for so long as Initial Owner is the Owner of any Parcel. Each individual and each corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a parcel. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a parcel. Membership shall terminate automatically without any Association action whenever any Initial Owner or any other Owner ceases to own any parcel. Termination of membership shall not relieve or release any former member from any liability or obligation incurred by virtue of or in any way connected with ownership of a parcel or impair any rights or remedies which the Association or others may have against such former member arising out of or in any way connected with such ownership or membership. (b) The total number of votes in the Association shall be five. The votes are hereby allocated equally to each parcel so that each parcel is entitled to one vote. If there is only one Owner of a parcel, such Owner shall be entitled to cast the vote allocated to such parcel at any meeting of the members. If there are multiple Owners of a parcel and only one of such multiple Owners is present at a meeting of the members, such Owner shall be entitled to cast the vote allocated to such parcel. If there are multiple Owners of a parcel and more than one of the multiple Owners of such parcel are present at a meeting of the members, the vote allocated to such parcel may be cast only in accordance with the agreement 13 of a majority in interest of such Owners as such agreement may be reasonably evidenced to the person presiding over such meeting. It is reasonable evidence of the agreement of a majority in interest of multiple Owners of a parcel if any one of such Owners casts the vote allocated to such parcel without protest being made promptly to the person presiding over the meeting of the members by any of the other Owners of such parcel. Each member which is a corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall from time to time designate in writing to the Association one or more individuals who may represent it at a meeting and vote on its behalf. Until the Association is notified in writing to the contrary, any action taken by any person(s) designated in writing to represent such member shall be binding upon such member. (c) The rights and obligations of members of the Association are further delineated in the Articles, the Bylaws and the Rules and each Owner is advised to obtain copies of the then current Articles, Bylaws and Rules upon becoming an Owner. (d) Each member shall comply strictly with the provisions of the Declaration, the Articles, the Bylaws and the Rules. The failure of a member to comply strictly with such provisions shall permit the Association to take the actions outlined in the Declaration, the Articles, the Bylaws and the Rules to enforce any such provisions. 6.02: Powers of the Association. (a) The Development shall be administered and managed by the Association pursuant to this Declaration, the Articles, the Bylaws and the Rules. The Association shall have all of the powers expressed in, or implied from, the provisions of Section 38-33.3-302(1) of the Ad and the provisions of the Declaration, the Articles, the Bylaws or the Rules subject, however, to the following limitations; (i) except for the power to grant easements, licenses and concessions through or over the Common Area set forth in Section 38-33.3-302(1 )(i) of the Act, the Association shall not convey or encumber the Common Area unless all Owners and all First Lienors have given their approval thereof; (ii) the Association shall be organized and operated exclusively for pleasure, recreational and other non-profitable purposes as set forth in Section 501(c) (7) of the internal Revenue Code of 1986, as it is now or may hereafter be 14 amended, or in any corresponding provisions of any future law of the United States of America providing for the exemption of similar organizations from income taxation; and (iii) no part of the net earnings of the Association shall inure to the benefit of any member of the Association. (b) Without limiting the generality of the foregoing, the Association shall have the power from time to time as it deems necessary and appropriate to adopt, amend and enforce the Rules in order to implement the provisions of the Declaration, including without limitation, Rules intended to promote the general health, safety and welfare of persons within the Development, to protect and preserve property and to regulate the use of the Common Area. (c) All of the Rules adopted by the Association shall be reasonable and shall be uniformly applied. The Association may provide for enforcement of the Rules through reasonable and uniformly applied fines and penalties, which shall be collectable by the Association as a charge pursuant to the provisions of Article 8 hereof. Each Owner, and such Owner's Guest, shall be obligated to and shall comply with and abide by the Rules and pay such fines or penalties upon failure to comply with or abide by the Rules. The Association shall not be responsible to any Owner or Guest for the non -observance by any other Owner or Guest of the Rules. 6.03: Board of Directors. The Board of Directors is hereby designated to act on behalf of the Association and shall be responsible for the control and management of the Association and the disposition of its funds and property; provided, however, that the Board of Directors may not act on behalf of the Association to: (a) amend the Declaration except in the instances set forth in the Declaration; (b) terminate the Development; or (c) elect directors or determine the qualifications, powers and duties, or terms of office of directors, but the Board of Directors may fill vacancies in the Board of Directors for the unexpired portion of any term. The number of directors, their terms of office and their qualifications shall be determined according to the laws. The members of the Association shall elect and may remove all directors. 6.04: Officers. The officers of the Association shall be a president, a secretary, a treasurer and such other officers as may from time to time be prescribed by the Bylaws. The terms of office of the officers of me Association and their qualifications shall also be determined according to the Bylaws. The Board of Directors shall elect and may remove the officers of the Association.. 15 ARTICLE 7 MAINTENANCE AND INSURANCE 7.01: Maintenance by Owners. Each Owner shall be responsible for maintaining in a clean, safe, attractive and sightly condition and in good order and repair all portions of such Owner's Parcel and Improvements. In performing such maintenance, no Owner shall do any act or work which impairs or otherwise affects the Common Area. if, in the reasonable judgment of the Association, an Owner has failed to maintain such Owner's parcel and improvements a clean, safe, attractive and sightly condition and in good order and repair, the Association may, after 10 days' notice to such Owner, perform all work deemed necessary by the Association to place such parcel and Improvements in conformity with the foregoing standards and shall have access to such parcel and Improvements for such purposes. The Association shall be reimbursed by the Owner who or which failed to adequately maintain such Owner's Lot and Improvements for all costs of the work performed by the Association pursuant to the authorization contained in the preceding sentence in the manner set forth in Section 8.04 hereof. 7.02: Maintenance by the Association. The Association shall be responsible for maintaining all portions of the Common Area. The costs of such maintenance shall be a Common Expense. If, however, the need to perform such maintenance results from the negligence or intentional act of an Owner or such Owner's Guests, such Owner shall reimburse the Association for all costs of such maintenance in the manner set forth in Section 8.04 hereof. 7.03: Insurance. (a) The Association shall provide and keep in force the following insurance: (1) Property damage insurance on any improvements that may be constructed on the Common Area insuring against loss by fire, lightning and the risks covered by the "all risks" endorsement of the insurer (which risks shall include at least vandalism, malicious mischief and those risks covered by a standard broad form coverage endorsement) in an amount not less than the full replacement cost of the insured property (without deduction for depreciation but less applicable deductibles and exclusive of the costs of land, excavation, foundations, paving and other items normally excluded from property policies) in an agreed endorsement amount. Such insurance may be carried in blanket policy 16 form naming the Association as the insured. Any loss covered by such insurance must be adjusted with the Association whether or not the insurance proceeds with respect to that loss are payable to the Association. Such insurance proceeds shall be payable to the Association unless the Association shall have previously designated in writing an insurance trustee for that purpose, but in no event shall such insurance proceeds be payable to any Lienholder. The Association or the insurance trustee receiving such insurance proceeds shall hold such insurance proceeds in trust for the Association, the Owners and the Lienholders as their interests may appear. Such insurance proceeds shall be disbursed in accordance with the provisions of Section 9.02 hereof and the Association, the Owners and the Lienholders are not entitled to receive payment of any portion of such insurance proceeds unless there is a surplus of such insurance proceeds after such disbursements have been made. (ii) Commercial general liability insurance against claims and liability arising in connection with the ownership, existence, use, or management of the Common Area (including liability for death, personal injury and property damage) in the amount deemed sufficient by the Board of Directors insuring the Board of Directors, the Association, the managing agent (if any) and their respective employees, agents and all persons acting as agents, and the Owners (including Initial Owner). The policy of such insurance shall provide that it will also cover claims of one or more insured parties against other insured parties. (iii) Such other insurance in such amounts as the Association may consider necessary or advisable against such other insurable hazards as the Association may from time to time wish to insure against. (b) All insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be issued by responsible insurance companies authorized to do business in the State of Colorado. Each policy of insurance described in Sections 7.03 (a)(i) and (il) hereof shall contain the following provisions: (i) such policy shall not be materially modified or canceled without at least 30 days prior written notice to the Association and to each Owner and Lienholder whose or which address has been made known to the insurer; (ii) the insurer waives its rights of subrogation under such policy as to any claim against the Association, its officers, directors and employees, any Owner and members of such Owner's household and any Lienholder; (iii) each Owner is an insured person under such policy with respect to liability arising out of such Owner's membership in the Association; (iv) no act or omission by an Owner, unless acting within the scope of such Owner's authority on behalf of the Association, shall void such policy or operate as a condition to recovery under such policy: and (v) if, at the time of loss under such policy, there is other insurance in the name of an Owner covering the risk covered by such policy, the Association's 17 policy shall provide primary insurance. If the insurance described in Sections 7.03 (a)(i) and (ii) hereof is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of such fact to be hand delivered or sent prepaid by United States mail to all Owners and to all Lienholders whose or which address has been made known to the Association. (c) Each Owner shall be solely responsible for obtaining and maintaining any insurance covering loss or damage to any Improvements located on such Owner's parcel and to any personal property on such Owner's parcel and covering liability for injury, death or damage occurring on such Owner's parcel. Any policy of such insurance shall contain waivers of subrogation as to any claim against the Association, its officers, directors and employees, any Owner and such Owner's Guests and any Lienholder and shall be so written that the liability of the insurers issuing insurance obtained by the Association shall not be affected or diminished thereby. (d) The costs of obtaining and maintaining all insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be a Common Expense to be prorated among all Owners as set forth in the Declaration, notwithstanding the fact that the Owners may have disproportionate risk. To the extent that the Association settles claims under the insurance described in Section 7.03 hereof for damages to real property, any Owner whose or which negligence caused such loss shall reimburse the Association for the amount of all deductibles paid by the Association with respect to such claims in the manner set forth in Section 8.04 hereof. ARTICLE 8 ASSESSMENTS AND CHARGES 8.01: Annual Assessments. (a) Until the Association establishes an annual assessment for Common Expenses for the initial fiscal year of the Association, Initial Owner shall pay all Common Expenses. The Association shall establish an annual assessment with respect to the initial fiscal year of the Association for the purpose of paying or creating a reserve for Common Expenses. The amount of the annual assessment for the initial fiscal year of the Association and for each fiscal year 18 thereafter shall be based upon the Budget to be adopted by the Association. The Budget shall be based upon a good faith estimate of the Common Expenses to be paid or reserved for the fiscal year covered by the Budget including, without limitation, an estimate of the costs of the maintenance required to be performed by the Association pursuant to the provisions of Section 7.02 hereof during such fiscal year, an estimate of the costs of the insurance described in Section 7.03 hereof to be obtained by the Association during such fiscal year and an estimate of the amount of funds to be reserved during such year for the costs of the periodic refurbishing and replacement of those items which are to be maintained and repaired by the Association pursuant to the provisions of Section 7.02 hereof as such items wear out or become obsolete so that the costs of such periodic refurbishing or replacement may be paid through the annual assessments instead of special assessments. The annual assessment for each fiscal year shall be established only after a Budget is adopted in accordance with the provisions of Section 8.01(b) hereof. The Board of Directors may adjust the amount of an annual assessment during the fiscal year covered by such annual assessment from time to time as the Board of Directors may in its discretion deem necessary or advisable, but any such adjustment shall be based upon a revised Budget adopted by the Association in accordance with the provisions of Section 8.0 (b) hereof. (b)Beginning with the first fiscal year of the Association or in the event the Association desires to make an adjustment to an annual assessment previously established with respect to any such fiscal year, the Board of Directors shall adopt a proposed Budget to serve as the basis for the establishment of the annual assessment or the adjustment to the annual assessment (as the case may be). Within 30 days after the adoption of such proposed Budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of such proposed Budget to all Owners and shall set a date for a meeting of Owners to consider ratification of such proposed Budget not less than 14 nor more than 60 days after mailing or other delivery of the summary. Unless at that meeting Owners holding 80 percent or more of the total votes in the Association reject such proposed Budget, such proposed Budget shall be considered ratified, whether or not a quorum is present. In the event such proposed Budget is rejected, the Budget last adopted by the Association shall be continued until such time as the Owners ratify a subsequent Budget proposed by the Board of Directors and the proposed annual assessment or adjustment to the annual assessment shall be based upon such continued Budget. 8.02: Special Assessments. In addition to the annual assessments authorized in Section 8.01 hereof, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant 19 to the provisions of this Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a Budget adopted by the Association. No special assessment may be levied by the Association unless such special assessment has been approved by tile Board of Directors and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. 8.03: Payments of Assessments. All annual assessments shall be payable in equal monthly installments or, at the option of the Association, in equal quarterly installments. Each installment of the annual assessments shall be due on the first day of the period to which it relates in the amount specified in the most recent written notice from the Association until the Association notifies an Owner in writing of a different amount. At the option of the Association, special assessments may be payable in a lump sum or in quarterly or monthly installments. Each special assessment shall be due 30 days after the Association gives an Owner notice of the amount of such Owner's assessment. The Association may charge and collect a late charge in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules) for any annual or special assessment which is not paid when due. In addition, the Association may charge and collect interest at an annual rate of 21 percent on any annual or special assessment which is not paid within 30 days after the due date thereof, which interest shall run from such due date until the date of payment 'If the Association engages an attorney to collect any annual or special assessment not paid when due, the Owner responsible for the payment of such annual or special assessment shall reimburse the Association for all costs of collection of such annual or special assessment including, without limitation, reasonable attorneys' fees. 8.04: Charges. Each Owner shall be liable for all charges with respect to such Owner or such Owner's Lot as set forth in the Declaration which include, but are not limited to, the costs to be reimbursed to the Association by an Owner pursuant to the provisions of Sections 7.01,7.02 and 7.03(d) hereof, fines and penalties for violations of the Rules as described in Section 6.02(b) hereof and the late charge described in Section 8.03 hereof. Any charge shall be payable within 10 days after notice of the amount of such charge is delivered to an Owner and, if not paid when due, shall thereafter bear interest at an annual rate of 21 percent. If the Association engages an attorney to collect any such charge not paid when due, the Owner responsible for the payment of such charge shall reimburse the Association for all costs of collection of such charge including, without limitation, reasonable attorneys' fees. Any charge collected by the Association shall be used by the Association in furtherance of its duties hereunder or to defray Common Expenses. 20 8.05: Liability of Owners. The liability for annual and special assessments of the Common Expenses is hereby allocated equally to each parcel so that the Owners of each parcel are liable for a portion of the total amount of the annual and special assessments for the Common Expenses equal to such total amount multiplied by such Parcels Sharing Ratio; provided, however, that the Association may allocate on a reasonable basis the liability for annual and special assessments for those Common Expenses which benefit some but not all of the parcels to the Owners of each parcel so benefited. The amount of any annual and special assessment and charges payable with respect to an Owner or such Owner's parcel shall be a personal obligation of the Owner of such parcel and such Owner's heirs, devisees, personal representatives, successors and assigns and, if there are multiple Owners of one parcel, such obligation shall be a joint and several obligation of each Owner of such parcel. Except as set forth in Section 8.06 hereof, a party acquiring fee simple title to a parcel shall be jointly and severally liable with the former Owner of the parcel for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the parcel by such party without prejudice to such party's right to recover any of such amounts paid by such party from the former Owner. No Owner shall be exempt from liability for payment of such Owner's share of the Common Expenses either by waiver of the use or enjoyment of the Common Area or Easement or by abandonment of such Owner's parcel. 8.06: Liability of Lienholders. The transfer of title to a parcel pursuant to a foreclosure of a Security Interest or pursuant to any procedure in lieu thereof shall extinguish the lien for annual and special assessments and charges against such parcel described in Section 8.07 hereof as to payments which become due prior to such transfer but only to the extent such Security Interest has priority over the Association's lien as specified in Section 38-33.3-316(2)(b) of the Act. A Lienholder shall not be personally liable for any assessment or charge payable by the Owner of the parcel encumbered by the Security Interest held by such Lienholder, but the Association agrees to accept any payment of such assessment or charge made voluntarily on behalf of such Owner by such Lienholder. 8.07: The Association's Lien. The Association shall have, from the date of recording of this instrument, a lien against each parcel to secure payment to the Association of all annual and special assessments with respect to such parcel and all charges with respect to each Owner of such parcel together with interest thereon at the annual rate of 21 percent from the due date thereof and together with all costs and expenses of collecting such assessments and charges including reasonable attorneys° fees. The Association's hen shall be prior and superior to all other liens and encumbrances on a parcel except: (a) hens and encumbrances recorded prior to the recordation of this instrument; (b) the 21 Security interest of a First Lienor with respect to such parcel except to the extent specified in Section 38-33.3-316(2)(b) of the Act; (c) Liens for real estate taxes and other governmental charges against such parcel and (d) mechanic's and materiaiman's liens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of default and claim of lien. Nevertheless, the Association may, as evidence of the Association's lien but not as a condition to enforcement of the Association's lien, record a notice of default and claim of lien executed by an officer or director of the Association and containing substantially the following information: (i) the legal description of the parcel against which the lien is claimed; (ii) the name of the defaulting Owner(s) of such parcel(s) indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and the costs of collection as of the date of such notice; (iv) a statement that the notice of default and claim of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such parcel in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. if the Association elects to file such notice of default and claim of lien, the Association shall send a copy of such notice of default and claim of lien to all Owners and all Lienholders whose or which name and address were made known to the Association of the parcel against which such lien is claimed at their addresses Last known to the Association within 10 days after the recording of such notice of default and claim of lien. The Association's lien may be foreclosed in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. At its option, the Association may recover any amounts claimed to be due in a notice of default and claim of lien by an action for a money judgment. In any such foreclosure or action, the Owner(s) of the parcel subject to such foreclosure or action shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Association shall be entitled to purchase the parcel at any foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. In any such foreclosure or action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner(s) prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure or action to the extent of the unpaid annual and special assessments and charges. 8.08: Statement of Unpaid Assessments and Charges. The Association shall furnish to an Owner of a parcel, a designee of such Owner, a Lienholder with respect to a parcel or a designee of such Lienholder, upon receipt by the Association of a written request accompanied by the payment of a fee in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules), a written statement setting forth the amount of the unpaid 22 annual and special assessments and changes, if any, with respect to such parcel. Such statement shall be furnished within 14 calendar days after receipt of such request and fee and is binding upon the Association, the Board of Directors and every Owner. If no statement is famished to the requesting party within such 14 calendar day period, then the Association shall have no right to assert a lien upon the parcel for unpaid annual and special assessments and charges which were due as of the date of the request. 8.09; Surplus Funds. Upon the determination by the Board of Directors that surplus funds of the Association remain after payment or provision for Common Expenses and any prepayment or provision for reserves, the Board of Directors may decide either to distribute such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels or to credit such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels against their respective liabilities for future Common Expenses. ARTICLE 9 DAMAGE OR DESTRUCTION 9.01: Requirement of Repair and Restoration. in the event of any damage or destruction to any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03(a)(i) hereof, the Association shall cause such damaged or destroyed portion of the Development to be fully repaired or restored promptly after the occurrence of such damage or destruction unless such repair or restoration would be illegal under any state or local statute or ordinance governing health or safety. 9.02: Insurance Proceeds. The insurance proceeds paid to the Association as a result of the damage or destruction of any portion of the improvements located on the Common Area shall be disbursed by the Association first to the expenses of the repair or restoration of the damaged or destroyed portion of such improvements and the remainder shall be disbursed to the Owner of each parcel or the Lienholder with respect to such parcel, as their interests may appear, in accordance with the Sharing Ratio of such parcel. if the costs of the repair or restoration of the damaged or destroyed portion of the improvements located on the Common Area required by Section 9.01 hereof are in excess of the insurance proceeds paid to the Association as a result of such damage or destruction, the excess amount shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratios of their parcels. 9.03: Notice to Lienholders. Promptly after the occurrence of any fire or other 23 casualty which causes damage or destruction of any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03 hereof and which the Association estimates will cost $10,000.00 or more to repair, the Association shall deliver written notice thereof to all Lienholders whose or which address has been made known to the Association. The delivery of such written notice shall not be construed as imposing any liability whatever on any Lienholder to pay ail or any part of the costs of repair or restoration. ARTICLE 10 CONDEMNATION If all or any portion of the Common Area is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Common Area not so taken to be restored. The costs of such restoration in excess of the amount of the award for such taking shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratio of their parcels. The amount of the award paid to the Association as a result of any such taking which is not used for such restoration shall be disbursed by the Association to the Owner of each parcel or the Lienholder with respect to such parcel. as their interests may appear, in accordance with the Sharing Ratio of such parcel. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.01: Enforcement and Remedies. The provisions of the Declaration which create certain rights in Initial Owner shall be enforceable by Initial Owner and the other provisions of the Declaration shall be enforceable by the Association. In enforcing the Declaration, the Association shall be entitled to utilize any of the remedies set forth in Article 8 hereof and both initial Owner and the Association and any other party entitled to enforce the Declaration shall be entitled to any remedy at law or in equity including without limitations, an action seeking a prohibitive or mandatory injunction or damages or both. In any action for the enforcement of the Declaration, the party or parties against which or whom enforcement is sought shall pay the reasonable attorney's fees and costs, including the reasonable attorney's fees for any appeal, incurred by the party enforcing the Declaration in the amount determined by the Court if the party enforcing the Declaration is the prevailing party in such action. The issuance of a building permit or certificate of occupancy which may be in contravention of the 24 Declaration shall no prevent enforcement of the Declaration. All cost incurred by the Association in the enforcement of the Declaration shall be a Common Expense. 11.02: Duration. The Declaration shall continue and remain in full force and effect in perpetuity, as the same may be amended from time to time in accordance with the provisions of Section 11.03 hereof, unless the Declaration is sooner terminated by an amendment made in accordance with the provisions of Section 11.03 hereof. 11.03: Amendment, The provisions of the Declaration which create certain rights in Initial Owner may be amended only with the prior written consent of Initial Owner. Any amendment to the Declaration which proposes to terminate the Declaration or which proposes to amend the provisions of the Declaration pertaining to the Sharing Ratio of each parcel, the allocation of the liability for Common Expenses and voting rights to each parcel and the rights of Lienholders under the Declaration must be signed by all Owners and consented to in writing by all of the Lienholders whose or which name and address have been made known to the Association. The Association shall be entitled to amend the Declaration in those circumstances set forth in Section 38-33.3-1070f the Act Except for the foregoing amendments, the provisions of this Declaration may be amended only by the recording of a written instrument or instruments specifying the amendment signed by the Owners who or which are entitled to vote at least 80 percent of the total votes in the Association. No amendment to this Declaration shall have the effect of abrogating the zoning of the development. 11.04: Covenants Running with the Land. Each provision of the Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each parcel of real property within the Development for the benefit of any other real property within the Development. 11.05: Limited Liability. A director or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts or omissions. The liability of directors and officers shall be further limited by the provisions of Parts 4 and 5 of Article 128 of Title 7 of Colorado Revised Statutes and the provisions of the Articles and the Bylaws. Neither Initial Owner nor any member, manager, agent or employee of Initial Owner shall be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. 11.06: Successors and Assigns. Except as otherwise provided herein, the 25 Declaration shall be binding upon and shall inure to the benefit of Initial Owner and each subsequent Owner and their respective heirs, devisees, personal representatives, successors and assigns. Initial Owner and each subsequent Owner shall be fully discharged and relieved of liability with respect to the obligations of such party under the Declaration upon ceasing to own an interest in a parcel and upon the payment of all sums and the performance of all other obligations of such party under the Declaration up to the time such party ceased to own an interest in a parcel. 11.07: Successors to Initial Owner. The following shall be successors to Initial Owner: (a) any party to whom or which Initial Owner conveys all parcels then owned by Initial Owner and assigns all rights of Initial Owner under the Declaration and who or which assumes all of Initial Owner's obligations under the Declaration; and (b) any Lienholder who or which obtains title to all parcels owned by Initial Owner through foreclosure of the Security Interest held by such Lienholder or through any proceeding in lieu of such foreclosure and who or which assumes all of Initial Owner's obligations under the Declaration. 11.08: Notices to Owners and Association. Each Owner shall register such Owner's mailing address with the Association, and except for statements for the assessments, notices of Association meetings, other routine notices and notices which may be sent in another manner in accordance with the provisions of the Declaration, all notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. If an Owner fails to register such Owner's mailing address with the Association, such Owner's mailing address shall be deemed to be the address of such Owner's parcel. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the Bylaws. 11.09: Severability. Invalidity or unenforceability of any provision of the Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of the Declaration. 11.10: Captions. The captions and headings in the Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration. 11.11: Construction. When necessary for proper construction, the masculine of any word used in the Declaration shall include the feminine or neutered gender, 26 and the singular the plural and vice versa. 11.12: Governing Law. The Declaration shall be governed by and construed under Colorado law. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC Date: By: STATE OF COLORADO ) )ss. COUNTY OF GARFIELD Acknowledged and sworn before me this _day of 2008, by , Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: 27 STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE Al Purpose To regulate land uses and impacts and to assure orderly use and maintenance of the development. BI Zone districts within the PUD 1] Resource Support (RS) Zone District 2] Utility and Easement (UE) Zone District C] Definitions Communication Facility - A nonresidential 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. Strong Subdivision Planned Unit Development Guide Page 1 of 7 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. Solar Power Generating System aka Solar 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. Storm a of Gil and Gas. Drilling Eui.ment and Su. .lies- 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 andfor other trailer units. D] Uses By Right - Resource Support District 1] Business offices associated with any categorized use. A] Business offices shall not exceed 1500 square feet. B] Lot 1 shall be allowed two business offices, each up to 1500 square feet in size, each allowed up to three (3) full-time employees. C] Business offices on lots 2 through 5 shall be allowed one office on each lot and up to four (4) full-time employees per office. D] Business offices may be freestanding or incorporated into another structure. 2] Contractor Yard 3] Fabrication 4] General Storage 5] Storage of Heavy Equipment ti] 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. Strong Subdivision Planned Unit Development Guide Page 2 of 7 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 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 lot 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. 1] 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. 3] 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. Strong Subdivision Planned Unit Development Guide Page 3 of 7 K] Lighting 11 All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. 21 Height of exterior lighting shall be limited to 20 feet. 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 the 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. Performance Standards This section shall regulate the operation of the allowed land 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 forth 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 all 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. Strong Subdivision Page 4 of 7 Planned Unit Development Guide 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. 2] No materials or wastes shall be deposited on any lot within the PUD in such manner or form that they may be transferred off 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 am and 8 pm. 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 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. Strong Subdivision Page 5 of 7 Planned Unit Development Guide 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. 10] Fire extinguishers shall be required to be kept and maintained on each parcel The fire extinguisher shall be placed in a conspicuous location 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] A Public Water System will be permitted through Colorado Department of Public Health and Environment at such time the water system is expected to regularly serve an average of 25 individuals for an average of 60 days per year. 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. Strong Subdivision Planned Unit Development Guide Page 6 of 7 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] 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. Strong Subdivision Planned Unit Development Guide Page 7 of 7 PLANNING COMMISSION MEETING AGENDA TIME: 6:30 p.m. PLACE: GARFIELD COUNTY ADMINISTRAVTIVE BUILDING, 108 8th STREET, IN THE BOCC MEETING ROOM DATE: OCTOBER 22", 2008 1) Call Meeting to Order and Take Roll Call 2) Public Meeting: Request is to review an application for a Zone District Amendment on parcel number 2409-273-00-002 to change the zoning of a parcel from AIRIRD to a PUD. The property is located at 0070 CR 300 Parachute, CO. Also under review is a Public Hearing for a Preliminary Plan Application for the Strong Subdivision on this same piece of property. The property is approximately 17.57 acres in size and five (5) lots are proposed. Applicant: George & Leslie Strong Both applications were continued from the October Ste, 2008 Planning Commission Meeting (PC member present October 8th — Cheryl Chandler, Bob Fullerton, Jock Jacober, Terry Ostrom, Shannon Kyle and Greg McKennis 3) Public Hearing: Request to review the Preliminary Plan application for Quicksilver Subdivision. The request would allow the subdivision of a approximately 70 acres located in the Grass Mesa Subdivision into 7 single family lots and Accessory Dwelling units on five of the proposed lots. Applicant is G.H. Daniels and Greg Hasenberg Public Hearing: Request is to review Special Use Permit application for Extraction, Storage and Material Handling of Natural Resources, for a pit run and gravel extraction on a 22.2455 acre parcel on land located on the north side of CR 240 east of the Town of New Castle. Applicant: Robert and Kathleen Kuersten 5) Other Business 6) Adjournment December 9, 2008 Eric McCafferty Compass Mountain Land Use P.O. Box 86 Glenwood Springs, CO 81602 Via Email BUILDING & PLANNING DEPARTMENT Reference: Strong Zone District Amendment and Subdivision. Preliminary Plan bear Mr. McCafferty: As you are aware, at their public hearings held on December 8, 2008 the Board of County Commissioners conditionally approved the Zone District Amendment and the Preliminary Plan for the Strong property on CR 300 by a vote of 3-0. The BOCC conditions: 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Declaration of Protective Covenants must be provided, consistent with the PUD Guide and other documentation provided and revised per Staff comments, referenced on and recorded with the Final Plat for the development, 3. The PUD Guide shall include a PUD Development Plan and the PUD Guide shall be attached as EXHIBIT B to the Resolution approving the Zone District Amendment. AND 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. No activity, other than that approved by the Resolution 2007-117, may occur on the parcel until such time as a Final Plat and related Subdivision Improvements Agreement is approved by Garfield County and recorded with the Clerk and Recorder. 3. The Preliminary Plan for the Strong Subdivision shall be valid for a period not to exceed one year from approval. 4. The Applicants shall apply to the State of Colorado, CDPHE Water Quality Control Division for a Public Water Supply for the site and meet all of the required standards of such. The approval of the public water supply shall be provided prior to Final Plat approval. 5. The Applicants shall delineate and legally describe all easements on the Final Plat and convey all easements to the Owner Association or to the responsible entity. This dedication shall be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the Final Plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, storm -water drainage easements, open space, and all internal roads (which will be dedicated to the public on the face of the Final Plat) required as apart of this development. 6. Plat notes regarding geologic constraints shall be placed on the Final Plat in conformance with recommendations of the project engineer (Huddleston -Berry), the Colorado Geologic Survey and the Environmental Health Manager. a. Lot -specific subsurface foundation investigations and geotechnical testing should be done prior to building to identify specific subsurface conditions that may affect development (collapsible soils, depth to groundwater, etc.); b. Lot -specific septic investigations shall be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineer -designed systems are required; c. Proper foundation and utility drainage shall be established for all subsurface elements within three feet of the seasonal high groundwater elevations, and positive drainage shall be provided around structures. Downspouts shall be directed away from the foundations; d. Establish and erosion control plan using best management practices; e. Sulfate -resistant cement shall be used for construction; f. Shallow foundations shall be placed on a minimum of 30 inches of structural fill and flatwork be placed on a minimum of 12 inches of structural fill. That fill should extend a distance equal to the thickness of the fill (ie minimum of 30 inches) beyond the lateral edges of the foundations. 7. The Colorado Division of Wildlife recommendations EXHIBIT M shall be considered conditions of approval of the Preliminary Plan: a. Strict enforcement of speed limits; b. Removal of all fencing, wires and lines from previous activities; c. The use of barbed wire to fence the site shall be prohibited; d. Minimize soil disturbance to prevent the spread of weeds species. 8. The Applicants must provide information requested by the Garfield County Vegetation Manager as follows and outlined in EXHIBIT P: a. The Applicants must treat the inventories tamarisk trees prior to the start of any construction activities and they the forward treatment records to the Vegetation Manager once the work is complete. b. The Applicants must quantify the amount of surface disturbance related to the road cuts and utility easements. A security amount may be required if the amount of disturbance exceeds half an acre. c. A Soil Management Plan shall be submitted that includes: i. Provisions for salvaging on-site topsoil. ii. A timetable for eliminating topsoil and/or aggregate piles. iii. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 9. At Final Plat the Applicants shall submit information compliant with water storage for fire suppression as recommended by the Fire Protection District. 10. The Final Plat application shall include information compliant with Garfield County Road and Bridge recommendations regarding signage on CR 300 and that signage shall be included in the Subdivision Improvements Agreement at Final Plat. Further the County Attorney's Office shall provide language in the SIA requiring necessary funding, should it become necessary, for improvements or repairs to CR 300 as stated in Road and Bridge comments in EXHIBIT H. 11. The Applicants must obtain a State Highway Access Permit for the intersection of State Highway 6 and County Road 300. Upon adoption of this condition the Board of County Commissioners shall assign the Applicants as designee to apply on behalf of Garfield County. 12. The Applicants shall include the following plat notes on the Final Plat: a. "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. b. No open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid fuel burning stove as defied by C.R.S. 25-7- 401, el. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. All owners of land whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. d. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. e. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). A resolution will be written memorializing the BOCC action taken at the public hearings yesterday. A copy of the PVD Guide will be attached to the resolution for the Zone bistrict Amendment. A copy of the resolution will be forwarded to you as well as notice of the date it will be considered for BOCC signature on the consent agenda. Feel free to contact me if you have any questions regarding this issue, Sincerely, Kathy Ea 'l'- y, A CP CC: Deb Quinn Walt Brown via email George Strong via email DECEMBER 8, 2008 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO CONSIDER A ZONE DISTRICT AMENDMENT FROM ARRD TO PUD AND SUBDIVISION PRELIMINARY PLAN FOR A 17.578 ACRE PROPERTY ON COUNTY ROAD 300, SOUTH OF PARACHUTE — THE REQUEST IS TO ALLOW FOR ZONING AND SUBDIVISION OF 5 LOTS FOR SEMI -INDUSTRIAL USES — APPLICANTS; GEORGE AND LESLIE STRONG — KATHY EASTLEY Deborah Quinn, Eric McCafferty, George and Leslie Strong. Ed Bowers, Keith Mendenhall (Engineer) were present. Eric answered all questions. Deborah reviewed the noticing requirements for the public hearing and determined they were timely and accurate. She advised the Board they were entitled to proceed. Chairman Martin swore in the speakers. Kathy submitted the following exhibits: Exhibit A —Mail Receipts; Exhibit B - Proof of Publication; Exhibit C — Garfield County Zoning Regulations of 1978 as amended; Exhibit D —Garfield County Comprehensive Plan of 2000; Exhibit E — Application; Exhibit F - Staff memorandum; Exhibit G — Special Use Permit and Resolution for Approval of Strong Contractor Yard; Exhibit H — Letter dated September 2, 2008 from Jake Mall, Garfield County road and Bridge; Exhibit I — E-mail dated September 9, 2008 from Jim Rada, Garfield County Environmental Health; Exhibit J — E-mail dated August 27, 2008 from John Niewoehner, Planning Engineer; Exhibit K — Letter dated September 8, 2008 from Mark Vanarelli, Co. Division of Water Resources; Exhibit L — E-mail dated September 10, 2008 from T.C. Wait, Colorado Geological Survey; Exhibit M — Letter dated September 5, 2008 from JT Tomatzke, Colorado Division of Wildlife; Exhibit N — Letter dated September 17, 2008 from Rob Ferguson, Grand Valley Fire Protection; Exhibit 0 — E-mail dated September 2, 2008 from Daniel Roussin, Colorado Department of Transportation; Exhibit P — Memorandum dated September 17, 2008 from Steve Anthony, Vegetation Manager; Exhibit Q — Well Permit 67484 Office of the State Engineer — Submitted September 8, 2008; Exhibit R — Well Test from J&M Pump, Inc. dated September 29, 2008; Exhibit 5 — Floodplain Analysis; Exhibit T — Erosion Control Plan; Exhibit U — Letter from Wagon Wheel Consulting; Exhibit V — Letter dated October 6, 2008 from Huddleston -Berry; Exhibit W — Justification for Increase in Height and uses not Itemized, draft Declaration of Protective and Exhibit X — Letter dated November 12, 2008 from Eric McCafferty, with revised Documentation including a PUD Guide, Declaration of Covenants and a Well -Sharing Agreement. Chairman Martin entered Exhibits A — X into the record. Planner Kathy Eastley explained: The Strong PUD proposes uses by -right that are designated as Special Uses in the AIRfRD Zone, including Contactor Yard (and related support facilities), Storage for Oil & Gas Drilling Equipment, and other activities itemized below. The PUD proposes two zone districts within the development; the Resource Support (RS) zone and the Utility and Easement (UE) zone. George and Leslie Strong (Applicants) are seeking approval of industrial PUD and subdivision to allow for the creation of five parcels and a utility zone on 17.572 acres 200' south of Highway 6 on CR 300. The proposal is being requested to allow for uses -by -right in the PUD which are currently permitted through Special Use Permit review and approval in the AfRIRD zone district as itemized in §3.02.03 of the Zoning Resolution of 1978, as amended. The preliminary plan seeks to allow for the subdivision of five parcels and a utility zone. CONDITIONS FOR THE ZONE DISTRICT AMENDMENT The Planning Commission recommends APPROVAL of the Zone District Amendment to the Board of County Commissioners if staff comments and recommended changes are incorporated into the PUD guide and declaration of protective covenants. 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Declaration of Protective Covenants must be provided, consistent with the PUD Guide and other documentation provided and revised per Staff comments, referenced on and recorded with the Final Plat for the development. 3. The PUD Guide shall include a PUD Development Plan and the PUD Guide shall be attached as EXHIBIT B to the Resolution approving the Zone District Amendment. CONDITIONS FOR THE PRELIMINARY PLAN 1 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. No activity, other than that approved by the Resolution 2007-117, may occur on the parcel until such time as a Final Plat and related Subdivision Improvements Agreement is approved by Garfield County and recorded with the Clerk and Recorder. 3. The Preliminary Plan for the Strong Subdivision 4. shall be valid for a period not to exceed one year from approval. 5. The Applicants shall apply to the State of Colorado, CDPHE Water Quality Control Division for a Public Water Supply for the site and meet all of the required standards of such. The approval of the public water supply shall be provided prior to Final Plat approval. 6. The Applicants shall delineate and legally describe all easements on the Final Plat and convey all easements to the Owner Association or to the responsible entity. This dedication shall be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the Final Plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, storm-water drainage easements, open space, and all internal roads (which will be dedicated to the public on the face of the Final Plat) required as apart of this development. 7. Plat notes regarding geologic constraints shall be placed on the Final Plat in conformance with recommendations of the project engineer (Huddleston-Berry), the Colorado Geologic Survey and the Environmental Health Manager: a) Lot-specific subsurface foundation investigations and geotechnical testing should be done prior to building to identify specific subsurface conditions that may affect development (collapsible soils, depth to groundwater, etc.); b) Lot-specific septic investigations shall be done prior to building to identify subsurface conditions that may affect septic performance and design. Engineer-designed systems are required; c) Proper foundation and utility drainage shall be established for all subsurface elements within three feet of the seasonal high groundwater elevations, and positive drainage shall be provided around structures. Downspouts shall be directed away from the foundations; d) Establish and erosion control plan using best management practices; e) Sulfate-resistant cement shall be used for construction; f) Shallow foundations shall be placed on a minimum of 30 inches of structural fill and flatwork be placed on a minimum of 12 inches of structural fill. That fill should extend a distance equal to the thickness of the fill (i.e. minimum of 30 inches) beyond the lateral edges of the foundations. 8. The Colorado Division of Wildlife recommendations EXHIBIT M shall be considered conditions of approval of the Preliminary Plan: a. Strict enforcement of speed limits; b. Removal of all fencing, wires and lines from previous activities; c. The use of barbed wire to fence the site shall be prohibited; d. Minimize soil disturbance to prevent the spread of weeds species. 9. The Applicants must provide information requested by the Garfield County Vegetation Manager as follows and outlined in EXI-IIBiT P: a. The Applicants must treat the inventories tamarisk trees prior to the start of any construction activities and they the forward treatment records to the Vegetation Manager once the work is complete. b. The Applicants must quantify the amount of surface disturbance related to the road cuts and utility easements. A security amount may be required if the amount of disturbance exceeds half an acre. c. A Soil Management Plan shall be submitted that includes: i. Provisions for salvaging on-site topsoil. ii. A timetable for eliminating topsoil and/or aggregate piles. iii. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 2 10. At Final Plat the Applicants shall submit information compliant with water storage for fire suppression as recommended by the Fire Protection District. 1L The Final Plat application shall include information compliant with Garfield County Road and Bridge recommendations regarding signage on CR 300 and that signage shall be included in the Subdivision Improvements Agreement at Final Plat. Further the County Attorney's Office shall provide language in the SIA requiring necessary funding, should it become necessary, for improvements or repairs to CR 300 as stated in Road and Bridge comments in EXHIBIT H. 12. The Applicants must obtain a State Highway Access Permit for the intersection of State Highway 6 and County Road 300. Upon adoption of this condition the Board of County Commissioners shall assign the Applicants as designee to apply on behalf of Garfield County. 12. The Applicants shall include the following plat notes on the Final Plat: a. "Right -to -Farm" State pursuant to C.R. S 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. 411 must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. b. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated there under, will be allowed in any dwelling unit. A11 dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. A11 owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. d All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the properly boundaries. e. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the min Eric explained how they got here today; George and Walt submitted an application for a subdivision of the property back in late fall or early winter of this year. They asked Eric to get involved. The planning staff stated if they subdivided the property the current special use permit for approximately a 6 -acre site would be null and void because the assessor's parcel number would change. Eric asked what they would rather have; would you rather see individual special use permits for the individual lots, or would you rather see a planned unit development on the property. The answer was they would rather see a PUD because it will allow much more comprehensive planning of the site. Since the subdivision sketch plan was already in process, Eric started working on the PUD; they went to the planning commission in April of this year and identified they were going to do a joint application for the subdivision preliminary plan and PUD. Relative to the character of the area, before they started on the PUD, Eric asked the planning staff to give him an opinion relative to the comprehensive plan. As you know the current comprehensive plan is really quite silent to the natural gas industry. Eric didn't want to have to amend the comprehensive plan for this application because this is what is going on out there and all of their neighbors have industrial uses. The character of the area is quite industrial and Eric has a power point to show. The context of developing the PUD guide, the zoning for the subdivision and PUD, given the nature of the area; some of their impacts are similar to the impacts on their neighbor's property. So such things as berming and open space are really not necessary as it would probably be a waste of land. There will be no trails on the site, no public spaces and it is a very arid area. There is a very minimal amount of irrigation water however; they do not think it is appropriate to have large landscape areas. In putting together this comprehensive application they tried to create a baseline with the various studies they did. The most intensive Iand use they would expect is the contractor yard. The main part of that is storage; but materials are being brought to the site and taken from the site on a daily basis. Most of the studies have been focused toward that use primarily because that is what they consider to be the most intensive. They are not proposing an intensive use of water; they don't have any proposed truck washing facilities. They do have a valid permit with the State Engineer's Office and that is backed up by a West Divide Water contract. There has been a question about the water quality within the PUD and at the time of the planning commission hearing, we said we will work with a water engineer to have the water supply permitted as a public water supply. They have noticed in the area, there are some un -permitted land uses. Some of these individuals have called George Strong and said if he gets permitted they want to move onto his site. If this application is approved Eric thinks it could serve a dual purpose; one is providing the necessary infrastructure for this type of land use needed in the area. It also may be cleaning up some of the uses that aren't necessarily recognized through other special use permits. They acknowledged traffic is a chief concern; Ann Bowers is present to discuss this issue. They do not feel that this project is the proverbial straw that broke the camels back; their fractional amount of increase in traffic should not trigger this project being the project that has to have the site permits approved by the State Department of Transportation and also they should not be held to paying for all of that. They will certainly pay their fair share; it will need to be determined. If some of these land uses that aren't permitted come to this site; it could have the real results of moving that background traffic onto this PUD without any real increase in traffic at all. The traffic is already out there, it is already going to these land uses; the only difference would be they would be focused at their driveway intersection with County Road 300. Also relevant to traffic because of the way the administrative permit is set up; a lot of traffic impacts out on the road are generated by the neighbors and are probably not reviewed sufficiently by the County or CDOT. The point is; they are not the only game in town or the only one utilizing the intersection. Eric gave his power point presentation. Ann Bowers showed a few slides to address the traffic impacts of Hwy 6 and County Road 300. At this intersection now in the a.m. peak hour there are 253 vehicles that are traveling through the intersection. In the evening peak hour there are approximately 202 vehicles. Based on the CDOT highway access code the improvements that are outlined in the traffic study; westbound left turn deceleration lane on Hwy 6 and an eastbound right turn lane on Hwy. 6 and the north bound to east bound right turn lane — those improvements are currently warranted under the 2007 volumes and obviously 2008 which is prior to Mr. Strong's development. The Strong Subdivision traffic; this is looking at the worst case scenario assuming employees are on the site, in the a.m. peak hour we're projecting 29 vehicles at the intersection of County Road 300 and Hwy. 6 and at the p.m. peak hour another 29 vehicles. To put this into perspective the percent increase in traffic at the entire intersection not just County Road 300, in the a.m. peak hour the proposed subdivision would have an 11% increase and a 14% increase in the p.m. peak hour. These percentages are just to point out the minimal impacts this proposed subdivision will have on that intersection and to point out the improvements that are being called for are currently warranted. Commissioner Houpt had a question about the 29 trips; that is assuming there would not be a use that would allow the storage of vehicles or equipment. Ann said it would; the majority of the 29 trips would be employees coming in the morning and leaving in the evening. The storage of materials on site doesn't generate a lot of traffic during the peak hours. She stated they concentrate on the peak hours because that is what CDOT focuses on. Commissioner Houpt didn't know if she agreed with that assessment; the use, if you have oil and gas trucks and equipment that will be used, if there is that use, she doesn't see that being calculated in their numbers at all. Ann stated besides the 29 trips in the a.m. and the 29 trips in the p.m. there will be additional traffic; this is the volume concentrated at those hours. The hours calculated are typically between 7:00 a.m. and 9:00 a.m. In the evening it is sometime between 3:00 p.m. and 5:00 p.m. Commissioner McCown asked about the other trips per day generated by these 5 lots and the uses associated on these lots, is that not counted at all in the overall trip count that reaches the percentile driving the need for an access permit in CDOTS eyes? Ann stated yes; when you look at the need for the improvements you look at the vehicles per hour and we look at those peak hours. It is not based on the amount of traffic over the entire day; if you have more than ten vehicles per hour making the left turn, then that triggers the need for the westbound left turn. If you have more than 25 making a right turn in that peak hour, that's what triggers it; it's the peak hour volume. Commissioner McCown stated that they are saying per their study they are not meeting the threshold that would require mitigation for an access permit. Ann said she was not saying that; she is saying that currently, based on the volume of traffic that is out there; those improvements are warranted now. Commissioner McCown asked if their traffic count reached 20% of what is there now. Ann said there are two different scenarios; for the CDOT access permit, they 4 look at the increase of traffic on County Road 300 itself. On County Road 300, based on the usage they are at 23%. The other scenario is these percentages are the total traffic at the entire intersection. Chris Manera, from Colorado River Engineering addressed the public water supply. As you know the public water supply has numerous triggers; what is affecting this project is, if you exceed a population of 25 people over any 60 days in a given year, you are put into the health department regulations. On commercial developments the population uses are often fairly difficult to estimate and basically they are going on the assumption they would exceed that 25 limit. Two weeks ago they collected the water quality samples and he doesn't have the reports yet. There was some preliminary data taken last summer and there were no bacteria; so far it looks good. They are proceeding with going with a full blown public water system because it is non- residential it would be non-community and because the workforce would be a continuous type population, it is non-community and non-transient. Once that system is approved and built, it would have to be operated and monitored by a licensed water system operator. Commissioner Houpt asked Chris; with the process he is going through is he fine with the conditions outlined. Chris stated yes. Dan Roussin — Colorado Department of Transportation. On this project they looked at what the County sent them for referral. What they looked at was whether it needed a permit or not. At this time they had not reviewed the traffic study to determine if it meets our requirements. They look to see if a permit is needed or not, and in this case a permit is needed. He wanted to mention that he has been with this intersection close to 4 years now because of the Travelers Highland side, which they are working on. It will probably be completed by spring. More importantly he actually has traffic numbers from 2005 documenting from other professional engineers who have done counts out there regarding how much traffic has gone out there. He did not have the specific numbers in front of him; however, he can say those numbers have increased in the last 4 years by about 30 to 40%. This is significant; now with the two applications you had today, you get the cumulative effect on that intersection. 250 in the peak hour; he doesn't know if the passenger cars equivalents, PCE's were counted on that or not; probably not. That count only represents trucks and cars; PCE accounts for the trucks and how big of an impact it has on the intersection. It is probably a bigger impact than the presentation talked about. The report states there is a need for a left turn lane, a right turn decel lane and a right turn acceleration lane. It will be challenging to put those improvements in there. It will take a lot of effort and we will also have to work with the railroad to the north. It is not a simple thing; it won't be easy, but he feels it is very important and that is why the access code is in place to protect the citizens of Colorado. This will be very similar to the Travelers Highlands Subdivision because what happens is; you have one entity putting an impact onto a complete intersection. They will say it is not equitable and that is something the Board will have to determine, but it is a very difficult decision. Highlands Subdivision had to actually get a district together to accommodate the improvements on the north side. It was intensive; they had 240 different lot owners in the subdivision. The unfortunate thing is and the County Commissioners know this, CDOT doesn't have the opportunity to determine fairness to the applicant who requires the improvements. He stated they really rely on local governments to help them out on how the fairness happens. The key thing is; CDOT wants to work with the County and the applicant. They want to see the improvements put in place and work with the community to get those improvements in there. He doesn't want the BOCC to think they are not on board; but obviously their funding is on the south side. The key thing is they need to address the traffic issues. Commissioner Houpt asked Dan; have you seen other situations where an applicant will mitigate with the understanding they will receive a portion of their cost from future applications. Dan said there were a variety of ways to handle it. One obviously is the special district; on the north side it was the best solution because it was such a small community. On the south side you have a bigger community. In Routt County he has seen where they actually had an agreement with the landowner or the developer and they worked an arrangement; the developer did the upfront cost and then had some payback once the development came through. The good thing about that is for new developments; the tough thing is the actual stuff that is already in place. There are a couple of other developments coming in such as the gravel pit on the other side; those are the people you might want to consider helping us with the problem. Eric wanted to clarify; relative to the number of lots and Travelers Highlands, he does not dispute at all that there are upwards of 240; however the vast majority of those lots are owned by two or three individuals, so it is relatively easy for them to set up a special improvement district. That approach is substantially more difficult on the south side of the County road. Ann wanted to clarify that the traffic study she conducted clearly they are not saying that these improvements are an issue because of the Strong Subdivision. We pointed out that those improvements are currently warranted based on the CDOT access code, it is not because of the Strong Subdivision. 5 George Strong stated he had definite concerns about the traffic up there. There is a new permit that came in from EnCana; they say they are temporary. The lay down pipe already has another application over and above it for Marathon Oil to be used right after EnCana is done with it. Marathon just bought another 11,000 acres above him. That is their gathering pipeline systems; they will be coming down through there for the next 10-15 years. He stated they need to quit making them temporary because these compressor stations and the gas stuff are not temporary. Something has to be done out there; he can't do it himself. He feels we need to get some kind of district and perhaps CDOT could use the strong arm approach against the gravel pit a little bit. They have 600 loads a day coming out of that pit; where is all that money going? There is plenty of money if we can collect it and have everyone do their pro -rated share and get the intersection done. Commissioner Houpt stated this was a very good example of what an adequate impact fee program would do in this County. Commissioner McCown said we have another option that hasn't been brought up; weight restricting that road from the point of your access to Hwy. 6 and 24 and routing everything down 300 Road to Parachute. That is an option; it is one way to get around the access permit. If we don't have the room physically, because of the railroad to make all of this happen and he questions if it's there then that is our other option. Eric stated relative to traffic, certainly they would be willing to pay their fair pro -rata share of any improvements. If no improvements happen, he supposes if a weight restriction was placed at that intersection they could certainly live with that type of situation and move all the vehicles to the south. Relative to water, he feels Chris adequately addressed that. The process they are in and based on the findings, when Eric put together the PUD guide they really didn't look at the types of land use and the amount of full time employees that would be on the site. As they go this route of approving a public water supply; they would like to amend our PUD guide a little so they don't have the employee limitations that are specified in Sections DI, paragraphs 13 and C. Also, the suggested findings in the staff report say that this development may be in conformance with the regulations and plans; they suggest they are found in conformance. On specific conditions of approval; Number 2, they respectfully request that if approved they would be allowed to move forward with the project and begin leasing subdivision lots and stipulate that no lots will be conveyed without final plat approval. On condition Number 4 they request the last sentence be removed, as you know the permitting of a public water supply is a time intensive process. Residential subdivisions are allowed to receive final plat approval prior to final permitting by the State and they are requesting similar treatment. Condition Number 6D; they have already complied with the recommendation and do not think it is a necessary condition of approval. Condition Number 7B & C; relative to 8, this condition has already been met and Condition C, they are proposing to comply with the Division of Wildlife recommendations on fence height; they are requesting this condition be re -written stating they agree to comply with the recommendation and still be allowed to have barbed wire above 6 feet. Condition 8A; they have previously complied with this recommendation and request that be removed. Condition 11; the way the condition is written, it requires this applicant to be responsible for review and permit Hwy 6 and County Road 300 intersection and they feel this is an undue burden to this application solely and they request the condition be re -written identifying that this development is required to pay its pro -rata share for improvements of the intersection. Conditions 128 and C should both be deleted as they contemplate residential development, which they are not proposing. Commissioner McCown said he would like to ask George or whoever is going to have the authority to do this; he keeps hearing the terminology, pay our fair share. That is really hard to put a number to; what is your fair share and what is your willingness to form a district on the south side. That is the only way it can be assessed to the existing and other users. We can charge it if there's a gravel pit that comes in within a year; we can charge them the same we are giving you with the intersection. Then you would be at 50% each. We don't know what this intersection is going to cost. George said it was estimated now at about $800,000.00. Commissioner McCown asked George if he was familiar with the formation of a district. That is the fair way to do; that is how it was done on the north side. Commissioner Haupt said they actually held up any development until something was done. There has to be some access for heavy hauling and it makes a great deal more sense to have that occur on Hwy 6. She is not supporting the notion of suddenly re-routing traffic because we have an intersection that we are not dealing with. There has to be some movement forward to accomplish this intersection. Eric stated to Commissioner McCown; to answer his question, he thinks the answer is right there; our fair share is probably somewhere between 11 and 14%. Because that is the additional traffic that will be generated by this land use. There still is the concept that if there are unpermitted land uses out there now and they come to this site, which he thinks is a very real possibility then our actual increase in traffic would be substantially less than what the traffic study shows. 6 Walter said you are also asking about the formation of a district; they would clearly be willing to join one. Getting one put together is like herding cats. Commissioner McCown stated again that was an undertaking by another applicant. George stated he is a little confused. We had an application ahead of me that had 4 compressors going and now they got approved for 8. That is not necessarily temporary or even if it is temporary for 6 months; the traffic is still using that road. He doesn't feel it is just for him to create the plan. He stated he is a land user and landowner; he has the first 200 feet of that County road showing 29 or 70 trucks a day, when the next 4 miles behind him is showing 600. Commissioner McCown feels that given the legal advice they were given this morning, they can't go forward with the land use unless the applicant is willing to get an access permit from CDOT. That is statutorily what has to happen. He doesn't know how they can make any provision around that. By your own traffic study it is increasing the amount of traffic on that road beyond the 20% threshold. We can go forward and put that as a condition; it has to be a condition if we go forward, but to him it makes it unattainable. The County could apply for the access permit; but we are not going to do that, we will pass that honor onto you as the applicant. Deborah read the statute (CRS Section 3028: 133.1) to the applicant. Walter asked if we withdraw the application today and come back in 3 months after some other sucker shows up, how does that grab you? Eric stated that is specific to a subdivision; it may not apply to another land use if it's not a subdivision. Commissioner Haupt suggested they work with others on that road and with CDOT. It's not the first time people have been faced with this and it is difficult. Commissioner McCown stated CDOT has the willingness but no money. Walter said he doesn't think CDOT is worried about the willingness and he isn't either. We are ail worried about the giant railroad. You don't have room to do those improvements. Eric stated if the issue is a subdivision and if the zoning is something the Board would consider, perhaps they could consider having 17 'A -acres of PUD zoned property and no subdivision at all; then we could have multiple lessees. Dan Roussin stated he has heard that before; the statute talks about the subdivision. All State highways are access controlled; the kicker is in this case the 20%. He wanted to be very clear it is not 20% of your development; its 20% of when the road increases. He would say they are close to being at the 20% change in use, since CDOT has recognized that intersection. They have counts, from a professional engineer for 2005, showing the existing traffic. He would be more than happy to share that. There are options; these are tough issues and serious issues. There is a willingness from CDOT to work with the developers and the County to try to accomplish this. Within CDOT they talked about it a Little bit; CDOT has a grant from the Federal Government that is called the Hazardous Elimination Funds that the County can apply for. If that intersection has traffic accidents and they can document that; there might be money available for that. Oil and gas people; there are options for that as well. In regards to railroad, yes the railroad is a challenge; but he feels they have plenty of right-of-way to put the intersection in. The County road may need to be widened; that is something an engineer will have to took at. He thinks on the access side there is the ability to improve the intersection. On the north side, they are planning to put a right lane decel lane in for Travelers Highlands. They have money bonded for that particular improvement. Maybe they can talk about the ability to partner with the north side. Walter stated if Dan would accept us getting our subdivision approval, with the condition they would set up a taxing district using their 5 lots to start; that would get this started. Anyone else that comes along with a temporary or permanent uses on that road would be required to join it, at least they would try to meet the condition of setting up a district. Would they be satisfied with that as complying with the statute access part? Plus they would contribute their fair share of whatever the traffic is; at least they would have it started. Larry and the Board know it will not be easy to form a district with these guys and the improvements themselves, there may not be room for. Dan said he appreciates the willingness to come out of the box; in regards to providing effort, he doesn't have the ability to say "well never mind". It is a State law; he can't say well your working real hard and I know you will do it next time; he doesn't have that ability. To be honest with you; it is needed now. Walter said the number of those increases or use increase on that road have not been submitted to you. Like today, when you got up in front of the Board with Williams; you want me to note you have not seen that. It wasn't referred to you for comment. Dan stated the use of 8 or 9 will not require him to look at it, it's pretty small. Now the 60 or 70; does it increase it by 20%, he doesn't think so. Walter asked, even if we formed a district it wouldn't make any difference. George stated they have a bootlegger right next door that runs 10 trucks who is willing to lease our lots. George said they are not adding much traffic to the road; they are just staging them there. He feels they are getting an unfair analysis just because everyone goes north out of our thing; they have all kinds of rigs to the south of them. We are not making that much of a dent in that road. EnCana's compressor station isn't temporary; they have office trailers in there running pick-ups in and out of there all day long. Don't shut me down and 7 choke me out; I am a local businessman and I don't have that kind of funding or resource. Commissioner McCown said that is not the intent here, but given the type of application you came forward with today; we have to abide by the statute. If you would have come forward with another special use permit; guess what, we would have been able to look at it differently. But you didn't; it is a subdivision. Did we hit you with impacts on that special use permit? Maybe we should have; you come in with a subdivision and by statute it has to happen. You can go forward with your plan and Commissioner McCown said he is not giving them any advice. We either approve it or disapprove it today and then you have a year to file a preliminary plan to see what you can put together on an access permit. You have already invested X amount of dollars to this point and to walk away from it or you can see what you can put together in a year and maybe bring it to fruition. Ann asked Dan Roussin, what if we were to apply for the access permit and continue to work towards forming a district to collect funds and what if Mr. Strong would agree not to build to the maximum where we were over that 20% until such time these funds have been identified. She thinks there is room to make the improvements; she doesn't think the railroad gets in the way of making those improvements but what if something like that could occur where we could proceed and maybe don't do the fifth lot. Dan stated it is a good idea and working together is what we are trying to do. You can probably phase your development to a point where you could be under the 20%. He is going to say you are already above the 20%, and an access permit is required now. Based on the traffic study from 2005 which shows how much traffic has been on the road itself. This is something we will all have to deal with. He suggested any grants CDOT has available they could apply for and he also suggests that CDOT put this on the 2035 plan. Chairman Martin felt this is almost impossible to get done right now. He feels they need to have a condition that they work with the developer as well as the other landowners and as well as CDOT. Commissioner Houpt stated Mr. Strong won't be able to do his development until he has the access permit. It could be frustrating; it was for Travelers. But that is the reality and until CDOT gives you that access permit you won't be able to move forward with your development, even if we approve it today. Dan stated the access process is two separate processes; the permit is the concept approval and they would suggest to the Board to say until the notice to proceed on the access permit is obtained. That will require a bond for the improvements; that will be one of the requirements on the permit. Commissioner Houpt said the other option is to continue this and it will give you time to think about how you want to proceed. George said he is a little confused; he wants to get this started, but he is being told he can't. Chairman Martin informed Mr. Strong that he needed to apply for an access permit. George said you are telling me I won't be getting approved or won't get the permit so... Dan stated we will give you concept approval. Chairman Martin stated to Mr. Strong; you apply for the access permit, that gives you time to get things together. George asked, the gravel pit, the new Marathon pipeline; what is going to start happening behind this? Are we going to get your support in saying alright, "same thing with George Strong"? Are you going to put in temporary or not; because they are not temporary guys, we know that. Are we going to get help so he is not waiting for endless things to get done? Chairman Martin said that will be an issue we have to take up with Dan, the County and all the property owners there. Commissioner McCown stated the gravel pit will be a permitted issue and that will be addressed through the land use process. The Marathon pipeline may or may not be; it may not fall under our guidelines. Walter said they would prefer to go ahead and have the Board approve it in as a nice a way as they can. We understand this would be an overwhelming issue; they just didn't think it would be all thrown on Mr. Strong. There is always that risk; it comes back to the change and the way the application was made. When they first applied it was a special use permit and Craig Richardson of the planning office strongly suggested we change it to the format before you now. We are not here on our own; we were helped into the position. Commissioner McCown stated he is not saying Craig gave you bad advice, he is just saying it changed the ground rules. Walter said they knew that coming in and they had no choice as they wouldn't have gone nowhere under the special use permit. Commissioner McCown said he thinks it's clear that they understand today that going forward with this and applying for the permit and getting a conceptual approval does not allow you to go forward and do wells and sell lots and build buildings. There has to be a mechanism in place to bring that conceptual plan to fruition. The Board is probably not going to allow anything to happen until the bond is in place. We didn't on Highlands, we had to stop it. You would be given that timeframe to work on it and get whatever is necessary; but, we would probably not allow anything to take place. Because once they are all built what do you do. Walter said the existing special use permit; that stands. Commissioner McCown said that stays no matter what happens right now. Kathy wanted to make a comment regarding Eric's comments about the conditions; you will notice in the staff report she divided the conditions based on the application. The staff felt the conditions of approval were critical to be adopted, particularly condition Number 2, under the preliminary plan that states, no activity will take place on the site other than what's approved through the special use permit for the contractor's yard be permitted; otherwise you would be creating a subdivision today. A final plat in the subdivision improvements agreement would be required prior to the other activities occurring on the site. A motion was made by Commissioner McCown and seconded by Commissioner Houpt to close the Public Hearing. In favor: Houpt — aye McCown — aye Martin - aye Commissioner McCown — I make a motion we approve the zone district amendment with the three conditions recommended by the planning commission and staff. Commissioner Houpt — Second. In favor: Houpt — aye McCown — aye Martin — aye Commissioner McCown — I make motion we approve the preliminary plan for the 17.578 -acre property on County Road 300, south of Parachute, with the conditions as listed by staff which would mean if those conditions have already been complied with; no big deal, they don't have to comply twice. If you have the documentation; no foul, no gain. I am going to leave Number 11 in there; I think that is the one that addresses the access permit. The way I see it, it is a hardship on Mr. Strong because he can't go out and start building tomorrow; but you do have time between now and the preliminary plan to put some things together, and include the County and CDOT and let us know where you are at. We don't have anything budgeted but part of that 300 road is the County's responsibility as well. Let us know; [ see the County as being a player in this as well. Move forward with your plans, again keep us apprised through the planning department and working with Dan on the access permit, the concept, what it's going to take making sure it will fit. Let's make sure we are all on the right track; with that I think they can make this happen and have a safer intersection for everyone. 1 can't tell you that future boards will tell a gravel pit they have to pay $5.00 a truck trip or whatever for an impact fee. I think there will be some participation required in this intersection; whether it is to form a district or as an impact directly to the improvement of that road, we can do that. Commissioner Houpt — Second. This Board is going through this with other applicants as well. For her it drives home even more the importance of creating a more comprehensive impact fee process so that as we approve applications; even though it may only have 6% impact, we realize some investment in that as well. In favor: Houpt — aye McCown — aye Martin aye 9