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Home My WebLink About8.0 Resolution 2009-08N 111i,NEAIMI l kliteLVII:I ?L Mui iI II I AReception#: 762609 • 2/03/2009 01:45:19 PM Jean A14erico 1 of 14 Rec Fee:$0.00 Doc Fee,0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 8th day of December A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Deborah Quinn Marian Clayton for Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009-08 A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT FROM AGRICULTURAL RESIDENTIAL RURAL DENSITY TO THE STRONG PLANNED UNIT DEVELOPMENT LOCATED ON COUNTY ROAD 300 SOUTH OF PARACHUTE, COLORADO, GARFIELD COUNTY PARCEL NO# 2409-273-00-002 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a zone district amendment to change the zoning designation for a parcel from A/R/RD to Planned Unit Development. B. The parcel is located in the SW '/o of the SW 'A of Section 27, Township 7 South, Range 96 West within a 17.578 -acre property owned by George and Leslie Strong, and located at 70 CR 300 south of Parachute, CO. C. The subject property was designated as Agricultural Residential Rural Density (A/R/RD) zone district, and pursuant to this action will be henceforth be contained within the Strong Planned Unit Development zone district as more fully described in attached Exhibit A and graphically represented in Exhibit C. D. The Board is authorized to permit a zone district amendment for a Planned Unit 1 • 11111.10,11111VifilAANinititSIMLKIKLiiiiii10111 Reception#: 762609 02/03/2009 01:45:19 PM Jean R1berico 2 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Development pursuant to Section 4.0 and Section 10.0 of the Zoning Resolution of 1978, as amended. E. The Planning Commission opened a public hearing on October 8, 2008 and continued the hearing to October 22, 2008 at which time the Commission, in a unanimous vote, recommended approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened a public hearing on the 81h day of December, 2008 upon the question of whether the above-described zone district amendment to PUD should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the amendment. G. The Board of County Commissioners closed the public hearing on the 8th day of December, 2008 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. Proper posting and public notice were 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. The above stated and other reasons, the proposed zone district amendment has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of PUD (Section 4.0) and Amendment (Section 10.0) the Garfield County Zoning Resolution of 1978, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A Zone District Amendment from Agricultural Residential Rural Density to Planned Unit Development for the Strong PUD located at 70 CR 300, south of the Town of Parachute, Garfield County is hereby approved subject to compliance with the following conditions: 2 I "OriliV,R iIIKI.I L'AG%!,n,Brit Iii 1111 . Reception#: 762669 02103f2009 01:45:19 PM Jean Rlberico 3 of 14 Rec Fee$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. Dated this a day of r-4- b , A.D. 20 0 5 . A 1 1"EST: m erk of the Board GARFIE COM OLO Y BOARD OF ARFIELD COUNTY, Upon motion duly made and seconded th following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT n was adopted , Aye , Aye , Aye STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . 3 ■Ili 6'�'� Pr,VII 3471 4,rww'1 f T14, P I®I II Reception#: 762609 02/0312009 01.45:19 PM Jean Rlberico 4 of 14 Rec Fee:S0-00 Doc Fee.0 00 GARFIELD COUNTY CO County Clerk and ex -officio Clerk of the Board of County Commissioners 4 �IIIc0609iNCI'�,��l�tF�r1��"� 1111 02/03/2009 01,45:19 PM Jean Alberico 5 of 14 Rec Fee. $0.00 Doc Fee.0.00 GARFIELD COUNTY CO EXHIBIT A Legal Description A Parcel of land located in the SW1/4 of Section 27, Township 7 South, Range 96 West of the 6th P.M. Beginning at the comer for section 27, 28, 33 and 34; thence along the west line of the SW'/. SW % of Section 27, No1 °57'23"W 157.90 feet to the right of way for the Denver Rio Grand Western Rad Road; thence along said right of way, N55°29'20"E 1544.32 feet to the east line of the SW 1/4 SW 1/4 of said Section 27; thence along the said east line_ S01 °43'44"E 1021.22 feet to the west 1/16 comer between said Section 27, S89°27'37"W 1297.94 feet to the point of beginning. ■III0'0NiW, 0F011,I rlfO1{ 'LVTIViiiini uI11I Reception#: 762609 02/03/2009 01.45:19 PM Jean Alberico 6 of f4 Rec Fee:$0.00 Doc Fee:O 00 GARFIELD COUNTY GO EXHIBIT B STRONG PLANNED UNIT DEVELOPMENT GUIDE • ■III.�Yr 12,11ViA I+in KliV, �,I,Yid WRIT IVIii i 111111 Reception#" 762609 02/03/2009 01.45:19 PM Jean Alberico 7 of 14 Rec Fee$0.00 Doc Fee:0 00 GARFIELD COUNTY CO STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE A] 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 ■111,TAMM,N+4tilFI.V141fil, 11111 Reception#: 762609 02103(2009 01145:19 PM Jean Plberico 8 of 14 Rec Fee,$0.00 Doc Fee:D.00 GARFIELD COUNTY CO 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. Storage of Oil and Gas Drilling Equipment and Supplies- The short-term or long-term storage of materials and supplies that are typically used in prospecting, drilling and servicing of oil and gas wells. Warehouse and Distribution Center - A structure or structures used principally for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor and/or other trailer units. DJ 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 6] Storage of Oil and Gas Drilling Equipment and Supplies 7] Communication Facility 8] Solar Power Generating System 9] Materials lab and testing 10] Material Handling E] Uses Allowed by Special Review - Resource Support District 1] Processing 2] Warehouse and Distribution Center 3] Concrete and asphalt batch plant(s) All uses allowed within the PUD by Special Use Review must receive approval by Garfield County prior to inception of the use. Strong Subdivision Page 2 of 7 Planned Unit Development Guide 1111117W1,H NKM!, MT WI 44 11 III Reception#: 762609 02103/2009 01.45:19 PM Jean Alberico 9 of 14 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO 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 I] Office Parking Requirements: One (1) space per 200 square feet of office floor area. 2] Parking for storage purposes: Shall be allowed on the entire impervious area of a lot. 3] Parking shall not be allowed on or within the PUD road rights-of-way or easements. 4] One parking space per each full-time employee shall be provided on each parcel. This requirement is to be demonstrated at time of building permit submittal. J] Fencing 1] Perimeter fencing is required on all parcels in the PUD. 2] No fencing shall be placed in any easement that will obstruct the function of the easement. 3] Maximum height of the fencing on any lot is restricted to ten (10) feet. If barbed wire will be utilized, it must be at least 6 feet off the ground. 4] Individual parcel owners or the lessee of the individual parcel shall be responsible for maintenance and upkeep of the fencing surrounding the parcel. 5] Any fencing that is shared by adjacent Lots shall be maintained jointly by the adjacent parcel owners or lessees. Strong Subdivision Planned Unit Development Guide Page 3 of 7 101 t410N4i1C\I4RAWNIh 11111 • Reception# 762609 02/03/2009 01:45:19 PM Jean Alberico 10 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO K] Lighting 1] All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. 2] Height of exterior lighting shall be limited to 20 feet. L] Signage 11 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 Planned Unit Development Guide Page 4 of 7 X11 1Y11.Ni l�i��h��141�th��a<'f h 1�G�hh'�'I�h; ��.f �� 1111 Reception#: 752609 02/03/2009 01:45:19 PM Jean Alberico 11 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 arc 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 Iocal regulations. Strong Subdivision Planned Unit Development Guide Page 5 of 7 1111 !lin; IrViiii:14 161 014 11111 Reception#: 762609 02/03/2009 01:45:19 PM Jean Alberico 12 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 1111 liilii1010,I 4iit'lilkileWili«fi'tkM' 11111 'Reception#: 762609 02103/2009 01:45.19 PM Jean Alberico 13 of 14 Rec Fee:SO.00 Doc Fee:0.00 GARFIELD COUNTY CO 41 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. 1D1 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 EXHIBIT C Strong PUD Zone District Map Resource Support Zone (RS) Utility and Easement Zone (UE) Mad 7's new 0'1 jl'a7-w 1 89'1140' c5 ,,0.00' 10.70' 42.12' 044 51'Sr w 89111 s' C4 75.0.0 101.17' 0.147' S 497079' N 77'17'10' CS 74.00' 119.35• 107.15' 7046127'S7"w ,1'14778' C6 75.00' 11.2r 107.97' K0.1'52208 884077' C7 75.00' 07.86' a 7.,S S57'71'45'11 71'4213 - -•—' L _ _ _ J SRA n1:10 REPrihsP,NTS La WNS D157RlCf d7 K'`, / Z/ 7 // ® 1) / V/ m / ®// / // / / % / //. rOraund — .r // /z // /// /77 77 77 77 77 77 raba.5. Cap 0 430125 10.0' Pub0e A'artelee Campeau Cn10,ada UMB(y Va./herd Bank 1757. Pm. 83.7 (Cas 9rvm,. —fY9it4Alc— -1nu. 32'7090. Eaidin0 O7aue1 Old,aurry 15' GRP ibp sl..( - 4990.1' 11 44 lnu taw. - 4990.1' 77' PVCVC�a�' ¢.W 719 E g 1au.-x00 -J1/4.— PVC '" 79p 9.7w. - 4909.9' � 7 a•4 00 an' 1hap+ d 1lndnay4 Ea.cnewr 017 CUP 1nu. Lim -406744' 417 CLIP risme .ICaRaVeeld.S9' .74424' CJIP —49a.----�—21* ht a. Elea •498.16 10.0 Paraded Ihubeage Peed ALUM AliWit ,