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Home My WebLink About4.0 Resolution 2008-491111 WI. ~~~iJ,',MILI',,~ ,~l!Wi!W1',~~.IM.~1 ~ 11111 ~eeeption#: 746654 04/16/2008 04: 12: 11 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, the 7th day of April A.D. 2008, there were present: ~Jo=hn~M=art=in~-----------' Commissioner Chairman =L,,.arry..,_,_""'M~c,,_,C"'o'"'wn-'-"------------' Commissioner .._T~re=s.._i H...,,o_,.up"'t'--------------' Commissioner =D~o=n~D=e=F~o=rd~-----------'' County Attorney J=e=an~Al=b=en~· c=o~-----------'' Clerk of the Board =E=d~Gr=e=en~------------' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2008-49 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR A INDUSTRIAL SUPPORT FACILITY FOR A TEMPORARY OFFICE LOCATED IN THE NW Y. OF THE SEY. OF SECTION 34, TOWNSIDP 6 SOUTH, RANGE 96 WEST, COUNTY OF GARFIELD, COLORADO WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from American Soda, LLP for a Special Use Permit ("SUP") to allow for an Industrial Support Facility for a Temporary Office within the Resource Lands (Gentle Slopes & Lower Valley Floor) zone district located approximately 3 miles northwest of Parachute in CR 215 described as the following: Installation of a 60' X 42' Temporary Employee Office to be located in the parking area of the American Soda property which includes three modular units together having 10 office spaces, 2 accessible bathrooms, conference room, small kitchen and storage rooms. These units are certified by the State of Colorado Division of Housing and are rated as R2 for non-residential use with a certification #00525. Applicant proposes that this use of this office is temporary only for a period not to exceed two years. As such, water and waste water are proposed to be if a vault and haul scenario. WHEREAS, the Board held a public hearing on the 7th day of April, 2008, 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 1111 Wl.~~~~',rtU'"llf,~,~~~~ !11 1 ~,lill~ ~'~ 11111 Receptionij: 746654 04/16/200e 04:12:11 PM Jean Alberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 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: I. 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. The above stated and other reasons, the proposed special use permit 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 Special Use (Sections 5 :03, 5 :03 :07, 5 :03 .08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: I. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 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. 3. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b) Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. c) Emissions 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. 2 1111 Wlii.t1~~~',MIU~!,~,~"1Yi!-ll(,!W"lfl 1 ~,\rli,~1 il II Ill · Receplion~: 746654 04/1612008 04:12:11 PM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO d) Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes 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 Jaw as safety or air pollution control measures shall be exempted from this provision. e) Storage of flammable or explosive solids or gases shall not be permitted at this facility. f) No materials or 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 forces. g) Repair and/or maintenance activities shall not be conducted at the permitted facility. h) Heavy equipment storage shall not be conducted at the permitted facility. i) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. j) Any exterior lighting shall be controlled by a motion sensor, pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 4. All Special Use Permits for Temporary Employee Offices are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. 5. Water and wastewater systems proposed to service the Temporary Employee Office must comply with all applicable state and local laws and regulations. 6. Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. The operator must conduct monthly tests (or quarterly if an on- site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. 7. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. 8. The maximum allowable time length of the Special Use Permit for Temporary Employee Office is one (2) years. Should the use exceed the two year period, the owner shall be required to install more permanent water I wastewater services such as well and ISDS. 3 1111 Wi. ~~Pi.",',Hl! I~ I~ ,W(,~r.fl~ 111A l.ill~~1 il 11111 Reception": 746654 04116/2008 04:12:11 PM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 9. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Office is 19. 10. The facility shall have a minimum total capacity of 4,500 gallons of potable water storage. 11. The facility shall have a minimum total capacity of 4,500 gallons of sewage and wastewater storage capacity. tJ 11-!? ,J,. /. Dated this Ii -day of-'~~""'"-""""''----'' A.D. 20Q..8_. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO.~.,,,~ Upon motion duly made and seconded the for following vote: =C=O~MMI""""~SS=I=O~NE~R~C~HAI""""'R"'--"-'JO~HN'-'=--'-~F.~MAR=--"~T~IN~------~•Aye ~C=O~MMI~~SS~I=O~NE'-'=R~L~ARR""""~Y~L=·~M=C=C=O~WN"-"-'----------'Aye =CO=MMI~==SS=I=O~NE=R~T=RE~SI~H=O~UP~T~---------~•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 AD. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4