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HomeMy WebLinkAboutResolution 83-235r STATE OF COLORADO ss. County of Garfield At a................................................................... meeting of the Board of County Commissioners for Garfield County, Colorado, heldat the Court House in Glenwood Springs on.................................................................................. the ...................................... day of .....................................................A. D. 19.............. , there were present: .......................................................................................... . Commissioner Chairman .......................................................................................... . Commissioner .......................................................................................... . Commissioner .......................................................................................... . County Attorney .......................................................................................... . Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82--L35_ RESOLUTION CONCERNED WITH THE CONDITIONAL APPROVAL OF AN APPLICATION FOR SPECIAL USE PERMIT BY COLORADO LIEN COMPANY WHEREAS, an application has been submitted to the Board of County Commissioners of Garfield County, Colorado(hereinafter, the "Board"), by the ColoradoLienCompany (hereinafter, the "applicant"), for a special use permit for extraction and processing of natural resources, specifically an above -ground limestone quarry, and crushing facility, in accordance with section 9.03 of the Garfield County Zoning Resolution of 1978 (hereinafter, the "Zoning Resolution"), in the Open/Space Zone District, on the real property described below: lots 7 and 8, SE 1/4, SE 1/4, Sec. 15, Township 4 S, Range 92 W, in Garfield County; WHEREAS, based on the materials submitted by the applicant, the recommendation of the Garfield County Planning Commission, and the comments of the Garfield County Planning Deparment, this Board finds as follows: 1. That proper publication and public notice was provided as required by the Zoning Resolution for the public hearing on April 5, 1982, August 23, 1982, and August 30, 1982, before the Board; 2. That the public hearing before the Board was extensive and complete, that all pertinent facts, matters, and issues were submitted, and that all interested parties were heard at the public hearing; 3. That except as hereinafter noted, the application and impact statements are complete, and the applicant has paid the required fee in the sum of $500.00; 4. That section 3.09.01 of the Zoning Resolution requires that the Board determine whether the applied for use is a conditional or special use in accordance with section 5.03 of the Zoning Resolution; 5. The Board hereby finds that the applicant has not presented any evidence to show that it operates under contract or permit from the United States government. Further, the applicant's reclamation plan which has been filed with the Bureau of Land Management does not constitute a contract or permit with the United States government. Finally, the Board finds that the Mining Act of 1872 does not show an intent by Congress to preempt the land use authority of states, and therefore political subdivisions of the state. Therefore, the Board hereby finds that the subject application is for a special use permit. 6. That the Board must, for the purpose of analyzing the subject application in accordance with the provisions of the Zoning Resolution, establish the neighborhood which may be affected by the possible granting of the proposed special use permit, and further, that the Board has determined that, except as otherwise noted herein, such neighborhood is the area of Garfield County, Colorado, in Range 92 West, Township 4 South, within a one mile radius of the real property described below; 7. The Board hereby finds that located within the neighborhood of the proposed site are recreational uses, including private recreational homesites, the Rifle Mountain Park, the Rifle Falls State Recreation Area, and the Rifle Falls Fish Hatchery, which is a recreationally oriented industrial operation; rural residential uses; and agricultural land suitable for animal grazing. 8. The Board hereby finds adjacent to the neighborhood and through which the proposed access route goes is a near -by area which includes the Rifle Gap State Recreation Area, the Rifle Golf Course, and increasing residential development; 9. The Board hereby finds that it is the proposal of the applicant to transport crushed limestone from the quarry site by means of state highway 325 in trucks of 38 feet in length, and weighing 38 tons. As to state highway 325, the Board acknowledges that the road right of way is owned by the State of Colorado, and that the Board does not presently exercise jurisdiction over said roadway; 10. The Board hereby finds that section 5.03.12 of the Zoning Resolution imposes on the Board an obligation to scrutinize the access to the proposed site for a special or conditional use permit. 11. The Board hereby finds that the impact of the proposed use on state highway 325 would require denial thereof, because there is substantial testimony in the record (from residents in the area and from the traffic study report of Matthew Delich, P.E.) that said roadway, in its layout, has a narrow driving surface, in many places has inadequate shoulders, contains blind curves with inadequate sight distances, and has many hidden driveways. Further, that state highway 325 in its present condition presents a danger to the public health, safety and welfare of the residents of Garfield County, and that increased truck traffic on said roadway will increase the potential for personal injury due to automobile accidents. 12. The Board hereby finds that there is substantial evidence in the record that increased truck traffic on state highway 325 will cause a deterioration of the structure of the road and that the State of Colorado has no plans for the improvement of said roadway. Further, that said roadway is a secondary roadway in the state system, and does not receive immediate maintenance attention. 13. That landowners adjacent to and in the area of the subject property and other citizens of Garfield County have indicated concern regarding the effect of the proposed mine and associated operations on the recreational, residential, and industrial uses in the neighborhood, upon the value of adjoining properties, and other properties in the area; 14. The Board finds that the impact of the proposed use upon the health, safety and welfare of the population, and the uses in the neighborhood requires the imposition of certain conditions relating to the monitoring of the activities of the applicant, and requiring that certain other conditions be met; 15. The Board finds that, except as otherwise noted herein, the proposed land use will be compatible with existing and permitted land uses in the area. NOW THEREFORE, BE IT RESOLVED that the special use permit application for the following described unincorporated area of Garfield County be and hereby is approved, and authorized to be issued, and effective upon and during compliance with the following conditions: 16. All written proposals of the applicant shall be considered conditions of approval unless otherwise expressly stated below; 17. The applicant's compliance with the conditions of this resolution and any special use permit issued pursuant hereto shall be monitored through the Board's review thereof every six months in accordance with the provisions of Section 9.03.05 of the Garfield County Zoning Resolution of 1978; A 18. That the use of the tract of land shall comply with all present and future regulations of Garfield County relating to the extraction and processing of natural resources in which the property is now or may later be located. 19. That within two years of the date of this resolution the special use permit authorized hereunder shall be issued to the applicant, in the absence of which the grant of authority to the applicant shall automatically be rescinded. 20. That prior to the issuance of the subject special use permit, the applicant shall obtain and submit to the Garfield County Planning Department copies of its permits from all other government entities. 21. The applicant shall substantially comply with conditions imposed by permits issued by other government entities. Compliance shall be determined solely by any issuing government agency and the County shall not consider the question of non-compliance under this condition until a violation is determined to have occurred by such agency. The applicant shall advise the County of any determination of violation within ten (10) days of the time it is advised of any such violation. The Board shall consider such violation upon reasonable notice to the applicant. In the event the Board determines that any such violation adversely affects the health, safety or welfare of the population of Garfield County or of the uses within the zone district, the Board may require that the permitted operation be brought into compliance within a specified period, and the permit may be suspended or revoked if the operation is not brought into compliance within the period allowed. 22. If it is determined in a court of law of competent jurisdiction that the applicant does not have a legal claim as represented in its application, then the authority of the applicant under this resolution shall automatically be rescinded, and any permit issued hereunder shall be void and of no effect. 23. That the recommendations of Mr. Howard N. McGregor, P.E., contained in his affidavit of August 23, 1982, for the reduction of noise to adjacent landowners from the proposed mining site, shall be implemented by the applicant, and the applicant shall pay all of the costs therefore. 24. That the recommendations of Mr. Matt Champion of the Dupont Company for the reduction of noise, dust, and vibrations from blasting on the proposed site shall be adhered to by the applicant. 25. That the applicant shall comply with the following items prior to the issuance of the special use permit: a. That the applicant, at its own expense, shall perform such work as is necessary to meet and correct the safety concerns contained in the report of Matthew Delich, P.E., of July 28, 1982, and to construct the road to an adequate structural design for heavy truck traffic, which work shall be performed to the satisfaction of the Garfield County Road Supervisor. This work shall include, but not limited to, engineering work, right of way acquisition, and construction work. b. That the state of Colorado shall agree to transfer ownership of state highway 325 to the Board at a point in time which is mutually agreed upon; c. That the applicant shall enter into a long term contract with The Board, whose approval shall not be unreasonably withheld, for the maintenance and repair of the subject road, so that the truck traffic from the proposed use of the applicant does not cause the physical condition of the subject road to fall below the condition of the roadway at the time it it accepted by the Board. Said contract shall provide for a way to establish the baseline condition of the road, and for adequate security so that if the applicant ceases to operate, or otherwise fails to perform its obligations under the agreement, the Board will have a source of funds to maintain the road for the term of the agreement; and d. If the applicant can demonstrate an alternative access to state highway 13, then the above condition need not be complied with. .. 26. That the applicant shall not engage in underground mining, since it did not include a plan for underground mining in its application. 27. That the applicant shall be limited to the extraction of 50,000 tons per year for the proposed site. 28. That the applicant shall be limited to 15 round trips per day for truck hauling operations. 30. Prior to the issuance of the special use permit, the applicant shall tender to the Planning Department proof of access to the proposed site. 7t, DATED THIS- day of September, 1982. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO, CHAIRMAN ATTEST: CLERK OF THE BOARD Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ....................................................................................................................... Aye ....................................................................................................................... Aye ....................................................................................................................... Aye Commissioners 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 Order is truly copied from the Records of the Proceedings 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. 19 .............. County Clerk and ex -officio Clerk of the Board of County Commissioners.