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HomeMy WebLinkAbout3.0 BOCC Staff Report 11.21.1983BOCO"'11/21/83 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: For a Special Use Permit to operate a concrete batch plant. APPLICANT: Peter Kiewit Sons' Company LOCATION: Section 15, T5S R87W; located on the Golden Bair property in the Glenwood Canyon south of the Colorado river. ACCESS: By means of a bridge across the Colorado river. WATER: Hauled in by trucks. SEWER: Chemical toilets. ZONING: A/R/RD ADJACENT ZONING: North A/R/RD South A/R/RD and 0/S East A/R/RD and O/S West 0/S I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site falls within the unclassified portion of the Comprehensive Plan. II. PROJECT DESCRIPTION A. Site Description: The site sits on the south side of the Colorado river in an open field near the landowner home site. B. Description of the Proposal: At the November 7th public hearing before the Board of County Commissioners the applicants proposed to operate a temporary, portable concrete batch plant in connection with the I-70 projects in Glenwood Canyon. Their proposal stated that, initially, the concrete would be used for project #I-70-2 (99), which would last for two years. They also proposed that the plant be available for other I-70 projects for up to five years. The proposal is that the plant operate on an as needed basis, up to seven days per week, 24 hours a day, with a maximum of 60 round trip, truck trips per day. Water would come from a land owner in Dotsero and be hauled in by truck on an as needed basis. The proposal states when the batch plant is removed, the land would be reclaimed as livestock enclosures and shipping pens. Aggregate would be mined off-site and transported to the plant by truck, with an anticipated maximum of 60 round trip, truck trips per day. The applicant's proposal has not changed since November 7th. C. History Subsequent to the November 7th meeting, the State Division of Highways informed the Department of Development that there were several problems with the chosen location of the batch plant. The Bair ranch has been nominated as being eligible for the National Register of historic places. This nomination protects the ranch from development of any kind which is federally funded. Thus, the Division of Highways cannot approve the chosen site location of the batch plant. In addition, the State Historical Society has rescinded an earlier approval of the proposal, It was also noted by Mr. Howard Kennison of the State Attorney General's office that the bridge over the Colorado river was built for Mr. Bair and that there is a restriction that this bridge can only be used for the Bair's agricultural and residential purposes. • • III.MAJOR ISSUES AND CONCERNS 1. The Colorado Department of Health, Air Pollution Control Division has received an application for an Air Pollution Control permit. They state that air quality should not present a problem, provided the appropriate control measures are taken. (See letter, page_11___). 2. The applicants have a lease agreement for five years with the Bairs. 3. On November 7th, it was determined that the public notice form published in the Glenwood Post stated that the permit was to be for I-70 project number 1-70-2(99). It did not mention leaving the batch plant in after that project had been completed. Therefore, the applicant's proposal to keep the plant in for three years after the project is finished should only be considered if another public hearing is held with the proper public notice. IV. FINDINGS 1. That proper publication and public notice was provided as required by Section 9.03.04 (1) (2) of the Garfield County Zoning Resolution of 1978, as amended; 2. That the hearing before the Board of Comity Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. That the application was complete in accordance with the requirements set forth in Sections 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; V. RECOMMENDATION On November 7th, the recommendation was approval of the low profile, portable concrete batch plant operation for construction of projects related to I-70 construction in Glenwood Canyon with conditions. Condition #3 stated that this permit shall be expressly for the purpose of allowing concrete batch plant operations for the I-70 Glenwood Canyon projects only. In light of the information received from the State Division of Highways, the above condition could not be met because the Division of Highways would not use any of the material produced on the Bair ranch for I-70 projects. F-� O COLORADO DEPARTMENT DF HEALTH Frank A. Traylor. M.D. Executive Director Richard D. Lamm \ , 8 7 6 Governor October 27, 1983 Ms. Cynthia M. Houben Garfield County Dept. of Development 2014 Blake Avenue Glenwood Springs CO 81601 Re: Peter Kiewit Sons Application for Concrete Batch Plant to be Located in Glenwood Canyon, Garfield County • Dear Cynthia: A permit application has been received by the Air Pollution Control Division for the above project. When the permit has been issued, a copy will be sent to you for your files. Concrete batch plants are not of concern from an air quality standpoint as long as appropriate control measures are taken. It is anticipated that the air pollution permit will insure this control. Ifyouhave any questions, please call me. Sinc 1 r ;OC 2e2 Scott J. Miller Air Pollution Control Division SJM/zp cc: Dick Fox, Denver Office File 125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 - PHONE (303)245-2400 -13- r • • NflV 8 MEMO TO: RALPH TRAPANI COLORADO DIVISION OF HIGHWAYS P.❑.BOX 1430 GLENWOOD SPRINGS, COLORADO 81601 FROM: FLOYD DIEMOZ NOVEMBER 7, 1983 SUBJECT: NOV 7, 1983 PUBLIC HEARING BEFORE GARFIELD CO. COMMISSSIONERS ON THE REQUEST BY PETER KIEWIT TO PLACE A CONCRETE BATCH PLANT ON THE BAIR RANCH SOUTH OF THE COLORADO RIVER IN GLENWOOD CANYON. DURING THE LENGTHY PLANNING PROCESS FOR THE CONSTRUCTION. OF INTERSTATE 70 IN GLENWOOD CANYON, THE CITIZENS ADVISORY COMMITTEE EXPRESSED A PHILOSOPHY THAT WAS FULLY UNDERSTOOD BY HIGHWAY CONSULTANTS AND OFFICIALS. *** THE CONSTRUCTION OF I-70 SHOULD NOT ENCOURAGE COMMERCIAL DEVELOPMENT WITHIN THE CONFINES OF THE CANYON PROJECT.*** THIS MORNING I TALKED TO ALL OF THE CAC MEMBERS AND RECEIVED A UNANIMOUS AND FIRM CONFIRMATION THAT A CONCRETE BATCH PLANT LOCATED ON THE BAIR RANCH WOULD ENCOURAGE A CHANGE IN LAND USE AND SHOULD NOT BE SUPPORTED BY THE HIGHWAY DEPARTMENT. THE BAIR'S MOST CERTAINLY HAVE PROPERTY RIGHTS ALLOWING THEM THE OPPORTUNITY TO ATTEMPT TO CHANGE THE USE OF THIS LAND UNDER THE LAND USE LAWS OF THE STATE AND COUNTY. THE HIGHWAY DEPARTMENT, HOWEVER, SHOULD NOT ALLOW THE COMPONENTS THAT ARE REQUIRED IN THE PHYSICAL CONSTRUCTION OF I-70 TO BE THE MOTIVATING FORCE BEHIND A CHANGE IN LAND USE. IF A NEED IS SHOWN FOR A CONCRETE BATCH PLANT, THEN A PARADE OF NEEDS CAN BE SHOWN FOR AN ASHPALT BATCH PLANT, A PRECAST CONCRETE PLANT AND MOST CERTAINLY A GRAVEL PIT. THE GARFIELD COUNTY COMMISSSIONERS WILL CONTINUE TODAYS HEARING ON MONDAY, NOV 21 AT,1.4-00-pm. RESPONSE FROM THE HIGHWAY DEPARTMENT IS NEFDDFJ?. 4: o CC CAC MEMBERS floyd diemoz 07 -Nov -83 784 Z • �+;.; i975 Memorandum of AGREEMENT STATE DEPARTMENT OF HIGHWAYS, DIVISION OF. HIGHWAYS, STATE OF COLORADO PROJECT NO. lJ LOCATION PARCEL NO 1, ..;", -., STATION 1 54 r TO STATION STATE HWY NO. 7 COUNTY AGREEMENT hos been reached this 4' day of etween the oner a of the obove designated parcel or parcels, herein collectively called the VENDOR, and the STATE DEPARTMENT OFbHIGHWAYS, DIVISIONS OF HIGHWAYS, STATE OF COLORADO, herein called the DIVISION, for the purchase of said parcel or parcels. The amounts of money and/or other considerations have been established as just compensation and were determined by appraisals and in accordance with applicable State laws and regulations. These amounts and considerations, as stated below, are to be given in fult consideration of this Agreement. For Land a Permanent Easements, described In attached exhibits, containing acres/sq. ft. NET and Improvements as follows: Damages $ GROSS TOTAL $ LESS CREDIT FOR ' ) : u C moi' $ NET TOTAL OTHER CONDITIONS: tt-r1s afterr._. ; vor stIucture • _au )vt. to south �• S <, tr Will ti ._.twe.1. under intec:.anaE at Station 1:fel x ii and moVina of S< E'P from r anc t- in hructed across t : C _ ,.;.ac�o Giver at -t•fl _ mni r a 1.. a rcault of L 1.'`i. thin <aCTro..i_'meI t - _ .. ..�ti ., a. iron r ilroad. to %:)ro-ie' HE PARTIES HERETO FURTHER AGREE AS FOLLOWS: The Vendor agrees to pay all taxes and special assessments due at the time of closing, including pro -rated taxes for the current year. It is agreed the Vendors have entered this Agreement solely because the Division, having the power of eminent domain, requires the property for o public purpose and there is no intent to place the Vendors in violation df any subdivis(onregulation or other laws related thereto. Any the veyini Division's mode•pu pursuant mineral reservation Agreement clause, t}fb"^?the "Vendor 011 minerals Includingoirand " as '` under conveyances mode ursupht;7,g this Agreement ahall� exploration is except where this is a total taking or where the parcel aisdlocatedtwhehe pre oil eand gas os as per heminergol language The compensation herein provided includes full compensation for his interest, either present or future, and the interest of lienors and lessees of the Vendor and any and all. interests, legal or equitable (except minerals reserved above), which are or may be outstanding and the Vendor agrees to discharge the same. This compensation does not include any payments which may be due under relocation low. This memorandum embodies all agreements between the parties hereto and there are no promises, terms , conditions , or obligations referring to the subject matter whereof other than as herein contained except for any agreement reached on relocation. Possession of these parcels shall be granted at the time payment is tendered unless otherwise provided for in accordance with TITLE III of the UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970. This Agreement shall be deemed a contract extending to and binding upon the parties hereto, and upon their respective heirs, devisees, executors, administrators, legal representatives, successors and assigns, but only when the same shall have been approved by one of the following on beholf of the Division: Staff Right of Way Engineer, Assistant Staff Right of Way Manager, District Engineer, Assistant District Engineer, or District Construction Engineer, or their superiors. )mpensation hereinabove agreed upon shall be paid upon the execution and delivery of a good and sufficient deed as dicated below. •Right of Way Agent )proved for payment as above: Right of Way Engineer District Engineer —Asst. District Engineer ision to prepare the following documents: Warranty Deed Access Deed Vendor ler Warrant $ . Payable To: w/Min. Resv. r Easement (s) Release(s) 1 ^a Other P; er Warrant $ Payable To: • ATTACHMENT A to Bair Memorandum of Agreement The following items are made part of this Agreement. 1. An access bridge will be constructed for agriculture use from the north side of the Colorado River to the Vendors remainder south of the Colorado River. General location of the access bridge will be as depicted on Annex A of this Attachment. The bridge and connecting roads will be 16 feet in width and support a C 60 vehicle (semi -tractor and trailer). Gates will be provided at each end of the bridge. 2. The Division will give Vendor a 20 foot easement from the north end of the bridge to the service road in exchange for. the right to construct the access bridge and road outside ''of parcel 214 to the southerly right of way line of the railroad. The Division will Obtain the crossing agreement and construct the railroad crossing as indicated on Annex A of this Attachment. 3.. The access bridge, access road south of the Colorado River and railroad crossing will become the property of the vendor after completion of construction. 4. The 7 foot by 7 -foot concrete box culvert located at E. B. Station 1671+64 will have a skylight placed between the north frontage road and westbound lane and between the westbound and eastbound lanes. The Division will also place fencing to help direct sheep into this box. 5. The vendor will be allowed to use the frontage road loop de- picted on Annex B of this Attachment to turn semi -trucks around. 6. The vendor may remove the sheep pens and corrals up to nine months after completion of the access bridge. 7. The vendor agrees that the vaulation of parcels 1, 3 Rev, E-1, E -3B, E-3.Rev, E -3A, E -3C, E -3D, and damages (Civil Action No. 3870) has been agreed to and made part of this Memorandum and shall be dismissed with prejudice. The Di- vision at the request of the vendor will take parcels E-1 and E -3B in Fee.