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HomeMy WebLinkAbout1.16 Response to County NTC LetterGlenwood Springs Office 901 Grand Avenue, Suite 201 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com Nicole Garrimone-Campagna ncampagna@garfieldhecht.com Haley Carmer hcarmer@garfieldhecht.com October 9, 2020 Sent by Email Only Garfield County Development Department c/o Vince Hooper, Planner 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Big R Commercial Park Lot 1 Minor Subdivision Dear Mr. Hooper: This letter is provided in response to your completeness review letter dated August 10, 2020 ("NTC Letter"). Information addressing the items in your NTC Letter is provided in corresponding order below. 1. The Statement of Authority has been recorded, a copy of which is enclosed. 2. The subject Water Well Community Sharing and Maintenance Agreement ("Well Sharing Agreement") relates to a groundwater well known as the Regulski Well No. 2, currently permitted as Well Permit No. 61899-F. The Well Sharing Agreement was created in 1996 by Rifle Ski Corporation and Browning -Ferris Industries of Colorado, Inc. A couple of years later, Browning -Ferris Industries conveyed its interest in the well to Rifle Ski Corporation. (See enclosed deed.) Today, ownership of the Regulski Well No. 2 is shared by and among three parties: Richard N. Casey (2/5 interest), Rifle Real Estate Solutions I, LLC (3/10 interest), and Peth Holdings Limited Partnership (3/10 interest). All three of those parties share in the requirements and expenses to maintain a valid, legal water supply for the Regulski Well No. 2. Most recently, those parties prosecuted a water court case to maintain the water right decreed to the well in good standing. A copy of the resulting water court decree is enclosed. 3. Please see Exhibit A to this letter which includes a response to each condition set forth in Resolution No. 2007-32 as it relates to existing conditions on Lot 1. 4. Enclosed is a site overlay plan which shows the existing conditions of the lot overlain with the location of the proposed lot line, the distance of the nearest structure to the proposed lot line, the proposed private access easement, and available parking. 5. Applicant's surveyor confirmed that the subject ditch easement is not located on Lot 1. Mr. Vince Hooper October 9, 2020 Page 2 of 9 6. Below is a table identifying the square footage of each type of commercial use in each building located on Lot 1. The building letters correspond to the letters used on the existing conditions survey previously submitted with the Application. Building Letter Use per Table 7-302.A Square Footage A Unit A — office Unit B — warehouse Units C & D — office and warehouse Unit A — 1,695 sq. ft. Unit B — 1,668 sq. ft. Units C & D — 2,710 sq. ft. B Service (vehicle mechanic) 3,297 sq. ft. C Warehouse (currently vacant) 6,901 sq. ft. D Warehouse 7,068 sq. ft. E Service (mechanic) 3,410 sq. ft. F n/a (utility shed) n/a G Office (currently vacant) 1,238 sq. ft. 7. Available parking areas are shown on the enclosed site overlay plan. 8. The subject building is the northwest (as opposed to southwest) building on proposed Lot 1B. To the best of Applicant's information, we believe Garfield County Building Permit No. 7174, issued in 1999, applies to the subject building. The building is currently vacant. 9. Enclosed is a report from Applicant's engineer, Michael Erion, P.E., addressing the improvements needed to complete the private driveway. 10. Landscaping: Applicant has not installed any landscaping on Lot 1 since taking ownership, although Applicant has conducted some weed removal and management during that time. Applicant is unaware of what landscaping was installed prior to its taking title to Lot 1. Traffic: The subject resolution and subdivision covenants require updated traffic counts upon submission of a new building permit application to Garfield County. The buildings located on Lot 1 were constructed prior to the final plat of the subdivision in 2007. Thus, no traffic counts have been required or performed specific to Lot 1. A copy of the updated access permit for Gemat Circle — CDOT Access Permit No. 318105 — is enclosed with this letter. If you have any questions regarding this information, please contact us. 2325341 By: Nicole Garrimone-Campagna Haley Carmer Sincerely, GARFIELD & HECHT, P.C. Attorneys for Applicant Enclosures Mr. Vince Hooper October 9, 2020 Page 3 of 9 2325341 Mr. Vince Hooper October 9, 2020 Page 4 of 9 EXHIBIT A RESPONSE TO RESOLUTION NO. 2007-32 CONDITIONS OF APPROVAL 1 All representations of the applicant, either within the application or stated at the Planning Commission or Board of County Commissioners hearings, shall be considered conditions of approval. N/A 2. Prior to Final Plat approval, the Applicant shall obtain and maintain valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the District's temporary substitute supply plan. The existing Big R Lot 1 Well was issued Well Permit No. 66789-F-R and is augmented pursuant West Divide Water Conservancy District Water Allotment Contract No. 170223BRLOA(a). 3. The Applicant shall submit an ISDS operation and maintenance plan which is adequate and consistent with other commercial approvals for a non -discharging system for the proposed subdivision prior to approval of the Final Plat. All ISDS must be designed by a Registered Professional Engineer in the State of Colorado and are for domestic waste only. An initial attempt shall be made to identify projected ISDS uses and all upgrades shall require a separate septic permit at the time of new building permit issuance. Satisfied at time of final plat as indicated by recordation and approval of final plat. 4. The Applicant shall be required to develop a covenant prohibiting the discharge of any caustic materials or heavy metals prior to approval of the Final Plat. See Section 11.04 of the Amended & Restated Declaration of Covenants, Conditions, and Restrictions for Big R Commercial Park ("A&R Declaration"). 5. The Applicant shall submit and gain approval of a City of Rifle Watershed Permit, and submit said permit to the Garfield County Building and Planning Department prior to BOCC approval of the Final Plat. City of Rifle Watershed Permit No. 1-05 was issued at the time of final plat approval. 6. The Applicant shall create a Lot Owner's Association (LOA) and covenants to address in detail all future interior road maintenance ofthe proposed subdivision and modifications to the approved access permit in the Colorado Department of Transportation ROW due to increases in ADT. All documentation regarding the LOA and the allocation of payment and the responsibility and how such costs will be allocated within the lot owners for the COOT improvements of the internal road should be submitted with the Final Plat. The interior road shall be paved and built 2325341 Mr. Vince Hooper October 9, 2020 Page 5 of 9 as a minor collector, constructed as per County requirements, dedicated to the public and maintained by the Lot Owner's Association and cannot be private unless approved as such through a Planned Unit Development. Parking shall be addressed at the time of all new building permit reviews. See the A&R Declaration. No new buildings or other work requiring a building permit is proposed at this time. 7. The Rifle Fire Protection District requires the Applicant shall design and install fire protection measures and provide the proposed design and cost to be detailed in the Subdivision Improvements Agreement which shall be submitted prior to Approval of the Final Plat. These measures are noted below: a. The Applicant shall provide a minimum of 100,000 gallons of fire protection water to the proposed site which is to be equipped with a dry hydrant connection. It shall be the responsibility of the Lot Owners Association to maintain the system including, but not limited to, filling and maintaining the water level of the cistern(s) at all times. See A&R Declaration Section 11.02 b. Each new and existing enclosed building shall be equipped with an early detection fire alarm system consisting of, at a minimum, heat detection, smoke detection where applicable and manual activation. All buildings except for Buildings C and G have smoke detectors and/or fire systems installed. Building C is three -sided and currently vacant. Building G is also vacant, but three fire extinguishers are located in the building. c. The main internal road, as well as all individual driveways and easements shall be constructed to accommodate the heavy weight of fire apparatus during adverse weather conditions. Roadways shall be a minimum of 24 feet in width and shall be in place and accepted prior to Final Plat approval. The new private driveway/access easement proposed for the lots will be constructed to accommodate the heavy weight of fire apparatus. d. The internal access road for emergency vehicles to County Rd. 221 shall have an unobstructed width ofnot less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. Satisfied at the time of final plat. The emergency access route is currently unobstructed and the easement is 60 feet in width through the Big R Commercial Park subdivision. e. Addresses shall be posted in a conspicuous location so they are readily identifiable. Lot 1's physical addresses is posted on the exterior of Buildings A, D & G, which buildings are visible from Highway 6 & 24. Building G is 2325341 Mr. Vince Hooper October 9, 2020 Page 6 of 9 also adjacent to Gemat Circe. The building number of each enclosed building is posted on the outside of the building. f. Each individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements. These additional items may become necessary depending on the type of construction and use of the buildings. No new buildings or other work requiring a building permit is proposed at this time. 8. The Applicant shall implement and follow the noxious weed management plan found in the application and place this plan in the Lot Owner's Association Declarations of Covenants, Conditions and Restrictions. The noxious weed management plan is included in Section 9.04 of the A&R Declaration. Applicant believes that Lot 1 is currently in compliance with this provision because no enforcement action has been brought by the unit owner's Association. 9. The Applicant shall treat and remove Russian olive trees that are present on the property prior to Final Plat approval. There are no Russian olive trees on Lot 1. 10. The Applicant has submitted documentation which states that all lots shall be prohibited from any dwelling uses. This restriction shall be detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" to be submittedwith the Final Plat. The document will further state that future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re -subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the landuse code of Garfield County then in effect. The required prohibition on residential dwelling units is set forth in Section 3.01 of the A&R Declaration. There is no residential use on Lot 1. 11. All utility extensions shall be laid in the same trench. Improvements on Lot 1 were existing at the time of final plat and, upon information and belief, no new utility extensions have been made on Lot 1 other than the new well and pipeline. 12. The Applicant shall add these plat notes to the Final Plat: a."Individual City ofRifle Watershed Permits shall be required for all new uses on all lots and a copy of the current and site specific permit shall be submitted with any new 2325341 Mr. Vince Hooper October 9, 2020 Page 7 of 9 applications for a building permits." City of Rifle Watershed Permit No. 1-05 was previously issued for the subdivision. The Permit requires that each lot be certified as compliant with the permit as it develops. Lot 1, which was developed at the time the subdivision was established, was included in the original permit approval. b. "The owners of all lots shall be prohibited from constructing or using any existing structures for any dwelling uses. This restriction is detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" as submitted as part of this Final Plat. The document provides that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re -subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other reviewrequiredbythe land use code of Garfield County then in effect." See response to Number 10, above. c. "All ISDS systems must be designed by a registered Professional Engineer." The OWTS (conventional septic tank and leachfield disposal systems) that serve the buildings on Lot 1 were in place at the time the Big R Subdivision was approved. No changes have been made since then, and none are proposed with the current application. d. "Each new individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements and no permit will be issued without a Rifle Fire Protection District approval letter." No new buildings or other work requiring a building permit is proposed at this time. e. "Site specific geotechnical studies shall be conducted for individual new lot development and a copy of each pertinent study shall be included as a part of all new building permits applications." No new buildings or other work requiring a building permit is proposed at this time. f. "The Maximum Lot Coverage for all Commercial uses shall be eighty-five percent (85%)." The buildings located on Lot 1 do not cover more than 85% of the lot. g. "All streets are to be dedicated to the public, are not private, and shall be maintained bythe Lot Owner's Association as detailed in the Declaration of Covenants." 2325341 Mr. Vince Hooper October 9, 2020 Page 8 of 9 Gemat Circle was dedicated as a public road on the original subdivision plat and is maintained by the Lot Owners Association per Section 12.03 of the A&R Declaration. The new private access easement proposed for Lot 1 will serve as a driveway and therefore not be dedicated as a public road. The Applicant is proposing that the Association maintain the new private access easement. h. "All permissible Commercial establishments in this district shall be allowed when these four (4) requirements are observed; i. All fabrication, service and repair operations are conducted within a building; All service and repair operations conducted on Lot 1 occur within a building. ii. All storage of materials shall be within a building or obscured by a fence; Some materials and vehicles associated with Building E are stored to the side of and behind the building but not behind a fence. The tenants of Buildings A and B also store various materials outside behind a chain link fence. All other materials are stored indoors. iii. All loading and unloading of vehicles is conducted on private property; All loading for business operating on Lot 1 occurs within Lot 1, which is private property. iv. No dust, noise, glares or vibration is projected beyond the lot; The businesses currently operating on Lot 1 do not project dust, noise, glare, or vibration beyond Lot 1. v. All outdoor lighting shall by directed downward and inward. Outdoor lighting on Lot 1 is directed downward and inward. i. "As each new Building Permit is submitted to the Garfield County Building and Planning Department, each lot owner shall also submit the most recent up-to-date "count of the actual average daily trip analysis" as required to be determined by the Lot Owners Association and approved by the Colorado Department of Transportation at various intervals throughout the development of the lots in the subdivision, as described in the Access and Utilities/CDOT Permit Compliance section of the Declaration of Covenants, Conditions and Restrictions for Big-R Commercial Park." No new buildings or other work requiring a building permit is proposed at this time. 2325341 Mr. Vince Hooper October 9, 2020 Page 9 of 9 j . "It shall be the responsibility of the Lot Owners Association to maintainthe fire protection system including, but not limited to, filling and maintaining the water level ofthe cistern(s) at all times, all associated fire protection infrastructure, and the early detection system." See response to Number 7, above. k. "Each new and existing enclosed building shall be equipped with an early detection fire alarm system including but not limited to, heat detection, smoke detectionwhere applicable and manual activation." See response to Number 7, above. 2325341