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Home My WebLink About6.0 Resolution 2015-41■111111 12A'121/,f iL'A1d ill iNV11M Ak 11111 Reception#. 866313 08/03/2015 03:44:30 PM Jean Rlberico 1 of 7 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 20th day of July A.D. 2015, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO4Q)5-111 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO INCLUDE A WAREHOUSE AND DISTRIBUTION CENTER (MIPA-8260), ON AN 38.2 ACRE PROPERTY (PROPOSED LOT 1 OF THE EASTBANK MINOR SUBDIVISION) OWNED BY EASTBANK, LLC, , LOCATED SOUTH OF THE CITY OF GLENWOOD SPRINGS IN THE SW QTR OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY PARCEL NO# 2185-353-04-001 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a Land Use Change Permit to allow for a Warehouse and Distribution Center, as further described in Exhibit A, Site Plan. 13. The Warehouse and Distribution Center, known as the Eastbank FedEx Facility, is located on an approximately 38.2 acres parcel of land owned by Eastbank, LLC. The Facility is to be located within 4.38 acre proposed Lot 1 of the Eastbank Minor Subdivision. C. The subject property is located within unincorporated Garfield County in the Rural zone district, south of the City of Glenwood Springs, Colorado accessed by County Road 154. 1 1 Eli fr 'aZ'l�l�'IHILfin''ArkILI F.11111ML?iiiik 11111 Reception#: 866313 2 of 372Rec Fee:15 50.00 DocJean Fee:0.00rico GRRFIELD COUNTY CO D. A Warehouse and Distribution Center may be permitted in the Rural zone district with a Major Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Major Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Planning Commission opened and closed a public hearing on the aforementioned application on June 10, 2015. At this hearing, the Planning Commission, by a vote of 5-0, moved to recommend approval with conditions to the Board of County Commissioners. G. The Board of County Commissioners opened a public hearing on the 20th day of July, 2015 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 20th day of July, 2015 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Major Impact Review Land Use Change Permit for Eastbank, LLC (Eastbank FedEx Facility) is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 1111 I A 11111 Reception#: 866313 08/03/2075 03:44:30 PM Jean Alberico 3 of 7 Rec Fear/M.80 Doc Fee:0.00 GARFIEL_D COUNTY CO 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. The Land Use Change Permit for a Warehouse and Distribution Center, also known as the Eastbank FedEx Facility is hereby approved subject to compliance with the following conditions: Conditions Prior Issuance of Permit 1. The Applicant shall have the fire protection system reviewed by a Fire Protection Engineer (SPFE) prior to issuance of the Permit. The conclusion and recommendations by this Engineer shall be reviewed by the Glenwood Springs Fire Department. Once the Fire Department is satisfied with the design, the Department shall notify the Community Development Department in writing. The final design of the fire protection system shall be submitted to the Garfield County Community Development Department and County Engineer. 2. Prior to issuance of the Permit, the Applicant shall address whether the drainage swales, irrigation lines, and detention pond are within the setbacks of the OWTS. The Applicant shall also address if these are in fact encroachments and if liners are appropriate. The updated materials shall include extents and details for lining on the plans. This updated materials shall be reviewed by the Community Development Department and the County Contract Engineer. 3. Prior to issuance of the Permit, the Applicant shall provide a new well permit and valid augmentation plan for the well to be drilled on the subject parcel. In addition, the water quality and quantity of the well shall be tested in accordance with the LUDC. The well permit and augmentation plan shall be accepted by the Division of Water Resources. The accepted documents and results of the water quality and quantity tests shall be reviewed by the Garfield County Community Development Department and County Contract Engineer. As an alternative, the Applicant may provide an easement from the RE -1 School district in effect until the School property develops, if ever, for the well which is to serve the facility (Lot 1). The Applicant shall also show where the new well would be drilled on the subject property should School 3 ■lil 1KtinilIVNINAMIjAMMir,Ylvi ®l i i Reception#' 866313 08/03/2015 03:44:30 PM Jean Alberico 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO District parcel develop. In addition, the existing well shall be tested for the presence of gross alpha. Should gross alpha be present, the Applicant shall propose a method for complying with drinking water standards. This updated documentation shall be reviewed and accepted by the Community Development Department, the County Attorney's Office and the County Contract Engineer. 4. Prior to issuance of the Permit, the proposed Eastbank Minor Subdivision plat shall be signed by the BOCC and recorded. Other Conditions of Approval 5. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 6. That the operation of the Eastbank LLC FedEx Warehouse and Distribution Center shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 7. The access driveway from CR 154 to Lot 1 of the Eastbank Minor Subdivision may only be combined with access to Lot 2 of the Eastbank Minor Subdivision. The access driveway from CR 154 to Lot 1 shall not be combined with the access to any other parcel or lot. 8. The Applicant shall control fugitive dust during the construction and operation of the site. 9. The facility shall maintain compliance with Section 7-304 Lighting, with •all lighting to be directed inward and downward toward the interior of the site. In addition, all exterior light fixtures shall be "full cut-off'. 10. Facilities and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. 11. The Applicant shall control all County listed noxious weeds during construction and operation of the site. 12. All onsite landscaping shall be comprised of fire hazard reducing plants from the following Colorado State Forest Service publications: Fire Resistant Vegetation 6.305, Grass Seed Mixes 6.306, and Fire Resistant Landscaping 6.303. 4 11111M17011VIORRAIIIIMINtivilliaktill1111 Reoeptio l* 866313 08/03/2015 03:44:30 PN Jean Alberico 5 of 7 Rec Fee:$0.00 Doo Fee:9.00 GARFIELD COUNTY CO 13. As a result of bear activity in the area, all outdoor refuse containers must be certified bear -proof. 14. Operation of the site as proposed is permitted 24 hours per day, 7 days per week. 15. A water storage tank shall be provided onsite and as demonstrated in the proposed site plans for use in firefighting and operating the fire sprinklers. The tank shall meet the requirements as recommended or necessitated by the International Building Code, the International Fire Code, the fire protection district, the Garfield County Building Department or the project engineer. This tank shall be painted a non -reflective neutral earth tone color. 16. The proposed Onsite Wastewater Treatment System (OWTS) shall obtain all necessary County permits. 17. No hazardous waste shall be stored at this facility. Dated this — day of ATTEST: 0,1A AAP , A.D. 20 /S TY BOARD OF GARFIELD Upon motion duly made and seconded the for going Res► ution was adopby the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye , Aye , Aye 5 1111 Mf1T,'GE4'IMf1.1%ir16411,4116 F14rei'tilliNtAil), 1111 Reception#: 866313 08/03/2015 03:44:30 PM Jean Alberico 6 of 7 Rec Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO 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 County Clerk and ex -officio Clerk of the Board of County Commissioners 6 1111 K!F412:Y M'L 11K Kf k iJKICIIIV Reception#• 866313 08/03/2015 03;44:30 PM lean Alberico 7 of 7 Reo Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO LAY EXHIBIT A SITE PLAN 'op'9N1 33NIJN3 moAmea N91N NvvAlrvanrL/•w pario unvmsmwa 9 7