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HomeMy WebLinkAbout5.0 Resolution 2006-67111111111111111111111)11111111111111111III 1111111111111 701758 07/11/2006 04:12P B1819 P298 M PLSDORF 1 of 4 R 0.00 D 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 Plaza Building, in Glenwood Springs on Monday, the 5th day of June 2006, A. D. there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2006 - 67 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR "AN AUTOMOTIVE SERVICE STATION, SPECIFICALLY. A CARD LOCK FUELING FACILITY ON A 5.7 ACRE PROPERTY OWNED BY GILCO INC. LOCATED AT 23899 HWY 6&24, RIFLE, GARFIELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit ("SUP") for "An Automotive Service Station for a Card Lock Fueling Facility." The requested Facility is comprised of six pump islands and six fueling bays positioned under an approximately 20'X117' canopy, that will operate 24 hours a day, 7 days a week, 365 days a year. This request was from GILCO inc., for a property located at 23899 HWY 6&24 that is 5.7 acres in size, within the Commercial Drinking Water Constraints zone district; and WHEREAS, the Board held a public hearing on the 5th day of June 2006 A.D., 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 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: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 2. That the hearing before the Board of County Commissioners was extensive and 111111111111111111111111111111:1111111 III 11111 1111 1111 701758 07/11/2006 04:12P 81819 P299 M ALSDORF 2 of 4 R 0.00 D 0 00 GARFIELD COUNTY CO complete, that sufficient 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 Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with §5.03 and §3.15 of 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 SUP is hereby approved subject to compliance with all of the following specific conditions: 1. 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. Including but not limited to §5.03 and §3.15 of the Garfield County Zoning Resolution of 1978, as amended. 3. That the lighting of the facility shall be inward and downward facing with full cut- off fixtures and that no light shall trespass off the property. 4. That prior to the Final Building Inspection, the Applicant shall receive a Sign Permit from the City of Rifle for any signage to be used for the Card Lock Fueling Facility. 5. That access to and from County Road 264 shall be for emergency purposes only and the applicant shall place a "brake away" gate at the location of the proposed access as shown on the site plan. This gate shall be in place prior to Final Building Inspection. 6. That prior to issuance of the Special Use permit, the Applicant shall submit a calculation showing the landscaping is at least 10% of the total parking and roadway areas of the property. 7. That all landscaping shall be in place prior to Final Building Inspection, or in the event weather does not permit the planting of landscaping materials, the applicant shall receive a bid for the proposed landscaping and secure a bond for the bid amount with a 10% contingency. 2 1111111 0111 1111111 1111 1111 11111111111 11111 11111111 701758 07/11/2006 04:12P 81819 P300 M PLSDORF 3 of 4 R 0.00 D 0 00 GARFIELD COUNTY CO 8. As per §9.03.05 which allows Periodic Review, the Special Use Permit shall be made subject to a review at six (6) months from the date of Issuance of the Special Use Permit. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of the review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. If a determination is made that the Permit shall be modified or revoked, a Public Hearing shall be scheduled as per the County regulations at such time to proceed with said action. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Dated this 10th day of July , A.D. 20 06 GARFIELD C• NTY BOARD OF COMMISSIGARFIELD UNTY rmr. Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye Aye , Aye 3 1E111 11111 1111111 1111 11111 1111 1N.11111111111111111111 701758 07/11/2006 04:12P 61819 P301 M ALSDORF 4 of 4 R 0.00 D 0 00 GARFIELD COUNTY CO 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 4