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HomeMy WebLinkAbout4.0 Resolution 80-311STATE OF COLORADO County of Garfield ss Ata.. re.g.uldr meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs ors Monday the 15th day of R.e.G.e.mbe.r A. D. 19 80 there were present Richard C. Jolley.,. F,laven J, Cerise Arthur A. Abplanalp, Jr. Ngygcy Sprick Page, Deputy when the following proceedings, among others were had and done, to -wit: Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board RESOLUTION NO. 80- 311 RESOLUTION CONCERNED WITH THE CONDITIONAL APPROVAL OF AN APPLICATION FOR SPECIAL USE PERMIT BY COLONY DEVELOPMENT OPERATION. WHEREAS, an application has been submitted by Colony Develop- ment Operation for a special use permit for the purpose of an access road, in accordance with Section 7.03 of the Garfield County Zoning Resolution, on the following described tract of land: In Township 5 South, Range 95 West of the Sixth Principal Meridian: W/2W/2 of Section 18,W/2W/2 of Section 19, NW/4 of Section 30, NW/4 of Section 31; In Township 5 South, Range 96 West of the Sixth Principal Meridian: E/2 of Section 25; NE/4 of Section 36 WI-IEREAS, the Board of County Commissioners of Garfield County, Colorado, has reviewed the impact statements submitted by applicant and received the recommendations of the Garfield County Planning Commission as required by Section 9.03.04 of the Garfield County Zoning Resolution; and WHEREAS, the Board of County Commissioners has conducted a public hearing duly advertised and held in accordance with the requirements of Section 9.03.04 of the Garfield County Zoning Resolution regarding the question of whether the requested special use permit should be granted, and, if granted, whether any conditions should be imposed upon such special use permit, and during such hearings received testimony and other evidence from the applicants and interested parties; and WHEREAS, the Board of County Commissioners has considered said application and impact statements, the recommendation of the Garfield County Planning Commission and the testimony and other evidence presented at said public hearing, and based thereon, said Board of County Commissioners hereby makes the following findings in respect to such application, to -wit: 1. That all procedural and notice requirements set forth in the Garfield County Zoning Resolution with respect to special use permit applications have been met and this proceeding is properly before this Board; 2. That said application and impact statement are complete in all respects except as hereinafter noted, in accordance with the provisions and requirements of Section 5.03.07 and Section 9.03.02 of said resolution, and the applicant has paid the required fee in the sum of $500.00; 3. That the proposed facility and all buildings and structures proposed in connection therewith are in compliance with all applicable zoning, subdivision, building, health and sanitation regulations, except for approval of a special use as required by Section 7.03.03 of the Garfield County Zoning Resolution; 4. That the Board must, for purposes of ananyzing the subject application against the provisions of the Garfield County 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 that area of Garfield County, Colorado, within the drainage of Parachute Creek; 5. That the general character of the neighborhood of the tract proposed to be subject to the special use permit is agricul- tural, with some limited residential and mineral extractive uses, all of which are operated in compliance with all applicable zoning, subdivision, building, health and sanitation regulations; 6. That landowners adjacent to and in the area of the subject property and the other citizens of Garfield County have indicated concern regarding the power of applicant to exercise necessary control over subject lands in which those owners have an interest and the affect of the proposed operations on the agricultural and residential nature of the neighborhood; 7. That the impact of the proposed use would require denial thereof, due to impact upon the uses and value of adjoining properties in the neighborhood, and upon traffic volume and safety caused by increased employment at the mine whose production will be increased with the availability of the proposed access road unless certain conditions are imposed on the proposed permit to mitigate the impact on such uses, traffic and safety; 8. That the impact of the proposed use upon the health, safety and welfare of the population and uses in the neighborhood required the imposition of certain conditions relating to monitoring of work force and work force projections and requiring that housing and transportation be available for prospective employees. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Garfield County, Colorado, Section 1. That the issuance of a Special Use Permit for an access road be and hereby is authorized upon the above-described lands, to be issued and effective upon and during compliance with the conditions more fully set forth herein. Section 2. That the special use permit shall be subject to the following conditions: a. The term "applicant" as used herein shall apply to and bind any person, corporation, association, or other entity of whatever nature which assumes ownership, re- sponsibility or control over the proposed facility, or any part thereof; b. The operation of the facility shall be in all ways consis- tent with the commitments contained in applicant's impact statement, unless otherwise specifically instructed or directed by this Board; c. Applicant's compliance with the conditions of this Resolu- tion 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, or such other method as the Board may direct; d. That the use of the tract of land comply with all present and future regulations of Garfield County relating to access roads in the zone district in which the property is now or may later be located; e. A report will be given to the County every three months unless a 10% variance occurs of projections for increase in work force and existing work force. This should include place of residence, type of housing (mobile home, apartment, etc., owned or rented), number of school children, etc.; f. Colony will demonstrate to the County the availability of housing for at least 80% of their work force at the time of demand; Colony will provide transportation in the form of van - pooling, busing or similar forms in Parachute to the plant site as soon as there are 200 employees; h. If the rights of owners of severed interests in the property are determined by final judicial decision to prevent permitted activities on subject acreage, then the permit will be ineffective as to those lands; i. Colony shall substantially comply with conditions imposed by permits issued by other government agencies. 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 occured by such agency. Colony shall advise the County of any determination of violation within ten (10) days of the time it is advised of any such violation. Such determination of violation may be considered by the Board at any time, and action may be taken at such time in the manner of a period review under the provisions of the Garfield County Zoning Reoslution, as then in effect. In the event the Board determines that any such violation adversely effects the health, safety or welfare of the population of Garfield County or other 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. Construction and use of the relocated access road shall be accomplished in a manner which will not prevent the exercise of any existing easements or rights of way across the subject property, whether those easements or rights of way have been established by written instrument or otherwise. g• j• ATTEST: BOARD OF COUNTY COMtMISSIONERS GARFIELD COUNTY, COLORADO erg of the and Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote' Aye Aye Aye Richard C. Jolley Eleven J. Cerise STATE OF COLORADO County of Garfield Commissioners 1, County Clerk and ex -officio Clerk of the Board of County Commdssioners 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, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A. D. 19 County Clerk and exofficio Clerk of the Board of County Commissioners.