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Home My WebLink About8.0 Resolution 2011-74wri r N4i°nim iltb ixeio i grio Ili 11111 Recept1on##: 811707 12107/2011 11:14:02 AM Jean Aiberico 1 of 0 Reo Fee:$0.00 Doe 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 Town Hall of the Town of Carbondale, on Monday, the le day of November A.D. 2011, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner (absent) Tom Jankovsky_ Commissioner Andrew Gorgey , County Attorney Carey Gagnon , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager (absent) when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. IP/ A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, MIPA 6727, FOR A CONTRACTOR'S YARD, LOCATED AT 0998 COUNTY ROAD 309, AND ADJACENT TO BATTLEMENT MESA PUD, AND OWNED BY THOMAS TOMPKINS PARCEL NO. 2407 - 054 -00 -085 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from Thomas Tompkins (the "Applicant') for a Land Use Change Permit for a Contractor's Yard as shown in the Grading/Erosion & Sediment Control Plan, Sheet 4 attached as Exhibit A. B. The 7.23 -acre site, described in Exhibit B, is located at 0998 County Road 309, adjacent to Battlement Mesa Planned Unit Development, and is within property owned by Thomas Tompkins. C. The 7.23 -acre site is Iocated within the parcel described in a Warranty Deed, Reception 1/ 731080, recorded at the Garfield County Clerk and Recorder's Office. 1 1111 IMFalirr111i I hillC11111 N'X1141iN'i 11 11 Reception #: 811707 12/07/2011 11:14:02 AM Jean Aiberioo 2 of 8 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. The subject property is located within the Rural zone district and a Land Use Change Permit for a Contractor's Yard requires approval through a Major Impact Review Process. E. The Board of County Commissioners is authorized to approve, approve with conditions, or deny a Land Use Change Permit for a Contractor's Yard pursuant to Sections 1- 301 and 4 -106 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Garfield County Planning Commission opened a public hearing on September 28, 2011, upon the question of whether the Land Use Change Permit application for a Contractor's Yard should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Garfield County Planning Commission closed the public hearing on September 28, 2011, and forwarded a recommendation of approval with conditions to the Board of County Commissioners. H. The Board of County Commissioners opened a public hearing on November 14, 2011, upon the question of whether the Land Use Change Permit application for a Contractor's Yard should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. 1. The Board of County Commissioners closed the public hearing on November 14, 2011, to make a final decision. J. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing has made the following determinations of fact: 1. That the public hearing before the Planning Commission and Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 2. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use, Resolution of 2008, as amended. 2 1111 i', P M 1141,1111 i 160. 141041ifiNglii.111111 11 11 1 Recepption #: 811707 12107/2011 11:14:02 AM Jean Alberioo 3 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. That all representations made by the Applicant in the application, and at the public hearings, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. xo Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitute a public nuisance or hazard. 4. Volume and sound generated shall comply with the standards set forth for residential in Colorado Revised Statute §25 -12 -103. 5. Storage of flammable material shall be conducted so as to meet all applicable local, State, and Federal regulations, and shall utilize the practices identified in the Stormwater Management Plan. 6. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 7. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway and storage areas at an acceptable level. '8. Employees shall not be permitted on -site at the Contractor's Yard except for the limited purpose of picking up and delivering materials or equipment. However, in the future, when employees are needed, the Applicant will need to amend the Land Use Change Permit to allow employees to work on -site and address the associated impacts of having these employees such as providing sufficient legal and physical water, and wastewater system (Individual Septic Disposal System), traffic, etc." '9. No employees shall work at the Contractor's Yard full -time but pickup and delivery of materials are permitted. However, in the future, when employees are needed, the Applicant will need to amend the Land Use Change Permit to allow employees to work on -site and address the associated impacts of having these employees such as providing sufficient legal and physical water, and wastewater system (Individual Septic Disposal System), traffic, etc. 10. The Applicant shall obtain a Certificate of Occupancy for the "garage /mechanic shop" 3 Reception #: 811707 1210712011 11:14:02 AM Jean Alberioo 4 or B Rao Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO ..1 12. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide a copy of the Driveway Access Permit for the Contractor's Yard driveway to the Garfield County Planning Department for review. identified in Building Permit BP -11135 within 30 days after receiving the Land Use Change Permit for the Contractor's Yard. 11. The building permit for the "garage /mechanics shop" is for a "Shop, Garage, and Storage" and accessory to the existing residence on the property. This permit shall be amended if this structure is to be used as a commercial building. 13. The Applicant shall implement the following Colorado Division of Wildlife (CDOW) and "Potential Mitigation Measures" identified in the Wildlife and Vegetation Assessment TLT Contractors Yard- Battlement Mesa prepared by Environmental Solutions, Inc. (dated June 2010). • Make a good faith effort to construct facilities and infrastructure outside the time period from December 1 through March 15; • Utilize wildlife friendly fencing to allow safe passage of animals through the property; or utilize a minimum seven foot fencing (solid or mesh to exclude wildlife from areas); • Implement a Weed Management Plan for the entire seven acre subject site; • Utilize bear proof trash cans and dumpsters outside the garage/mechanic shop; • Restore appropriate sagebrush species or subspecies on disturbed or restoration areas; avoid aggressive non -grass grasses and shrubs; • Minimize night lighting — use full cutoff lighting or timers to eliminate night lighting outside or hours of occupied operations; and, Minimize the loss of vegetation and soil erosion adjacent to areas around the Contractor's OA-11 Yard. ti° rior to the issuance of a Land Use Change Permit, the Applicant shall obtain a Watershed Permit and submit it to the Garfield County Planning Department for review. 15. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a plant list identifying the scientific and common names of the plant species for the Native ZJW' Grass /Wildflower seed mix. This information shall be submitted to the Garfield County Planning Department for review. s� 1+6. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the total `� surface area to be disturbed by the berm around the Contractor's Yard and submit this information to the Garfield County Planning Department. Once this information is provided, a revegetation security shall be calculated. 4 4 1.I IATIrirli leillilii 11111 Reception #: 811707 12107/2011 11:14:02 AM Jean Plberloo 5 of 0 Rep Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 17. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a revegetation kecurity to a Garfield County Planning Department. 18. The Applicant shall be responsible for watering the proposed landscape. 19. Prior to the issuance of the Land Use Change Permit, the Applicant shall revise the Grading/Erosion and Sediment Control Plan to show the locations of the water tank for irrigating the landscape, and the fuel tanks. This revised plan shall be submitted to the Garfield County Planning Department for review. 20. Prior to any construction and grading on -site, the Applicant shall provide a Stormwater Permit to the Garfield County Planning Department for review. r 21`. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide drainage V calculations supporting the Contractor's Yard to the Garfield County Planning Department for review. 7 22. Prior to the issuance of a Land Use Change Permit, vehicles, machinery and equipment for water haulers and produced water storage shall be removed. 1/4.\1/4)k Dated this ID ' day of ► , A.D. 20 11 ATTEST: GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, ARFI D CO TY, COLORADO erk of the Board of County Co Upon motion duly made and seconded the foregoing Re .lution , as adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY Aye Absent , Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex- officio Clerk of the Board of 5 '1111 IYYr� N; I'��1�'� �f �l� IiiIi ni`I#111I471461.111 111111 Rece tlon #• 811707 12/07/2011 off 82Rec Fee :$0000RDuo,Fee :0.00 GRRFIELD COUNTY CO 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, 1 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 rii 'WNW-1M is i'urto SICW,1 Ai 101 Rece tion #: 811707 ' 12/07/2011 Z Rea 11:14;02 e 0ADoJean e:O.00 GARFIELD COUNTY CO S �. " rt, r, 1 ■EIE 74wmoMergen, 111311111 �ZIf111I to 1iiii1111111 ;11111111191111. § §y e7s73pafi " "ai3's 9 93531 74wmoMergen, 111311111 �ZIf111I to ®111 Irk M mini ciatiirwIimmita IN I «I Reception##; 811707 1210712011 11:14:82 RMI Jean Rlberico 8 of 8 Reo Fee:$0,00 Doc Fee-0.00 GARFIELD COUNTY CO Exhibit B Contactor's Yard Legal Description A Parcel of Land Situated in the S3/2 of the SE% SEY NE% and the EN S'''h of the SE% SEX NW% of Section 5, Township 7 South, Range 95 West of the Sixth P.M., more particularly described as follows: Beginning at the Southeast Corner of Section 5; thence 434 °44'09 "W for a distance of 1197,27' to the POINT OF BEGINNING; thence N88 °57'51 "W for a distance of 240.00'; thence S01 °02'09"W for a distance of 350.00'; thence S88 °57'51 "E for a distance of 900.00'; thence N01 °02'09"E for a distance of 350.00'; thence N88 °57151 "W for a distance of 660.00' to the POINT OF BEGINNING; County of Garfield, State of Colorado Approximately 7.23 acres in size,