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Home My WebLink About4.0 Resolution 2009-35°lljl iltlitgiaffiIleilli 11111 Reception#. 768315 05/21/2009 12:19:50 PM Seam Alberico 1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 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 9th day of June A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009- 35 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A CONTRACTOR'S YARD FOR A PROPERTY OWNED BY DUANE AND LINDA STOREY AT 285 CR 261, SILT, IN GARFIELD COUNTY PARCEL NO # 2127-364-00-045 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 2nd day of January, 1979, the Board adopted Resolution 79-01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all the provisions of the Zoning Resolution. D. The Board held a public hearing on the 2nd day of February, 2009, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the special use permit. 1 111rinipmeofilditUtt liting riEVIW I II RecePtzonf#. 768315 05/2112009 12:19:50 PM Jean Alberico 2 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO E. The Board of County Commissioners closed the public hearing on February 2nd, 2009, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit is approved based on the following findings: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended, was provided as required by law for the hearing before the Board of County Commissioners. C. An application for a special use permit was made consistent with the requirements of Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended. D. The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. E. The proposed Special Use Permit is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. F. 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. G. The Special Use Permit for the Contractor's Yard proposed by Duane and Linda Storey, shall require that the following conditions be satisfied: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and sound generated shall comply with the standards set forth in the Colorado Revised State Statute 25-12-103, and any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 3. The Applicant shall comply with all performance standards identified in §5.02, and §5.03.08 of the Garfield County Zoning Resolution of 1978, as 2 1I11111‘1 T" rillt,WI hisi4IV*:',:IAN 11111 Reception+#• 788315 05(21/2009 12:19:50 PM Jean Alberico 3 of 4 Rec f:ee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO amended; 4. The 300 -foot requirement distance requirement for the enclosure of a Contractor's Yard is waived for the Storey residence only. The temporary fence enclosure and structure for the Storey Contractor's Yard may be placed at a distance shorter than the required 300 feet, however the Contractor's Yard must be at the required distance to all other existing residences. 5. All storage of equipment and materials shall be conducted within the proposed storage building or area adequately screened on all sides with a solid -board 8' fence to be completed within 90 days of permit, which shall comply with Garfield County requirements including standards as to setbacks, height, sight distance and shall not block access easements on the property. 6. No materials and wastes shall be deposited upon the property in such way that they may be transferred off the property by any reasonably foreseeable natural causes or force; 7. The Applicant shall prepare and submit a Stormwater Management Plan to utilize Best Management Practices, and shall implement the plan in conduct of this permit. 8. Storage of flammable material shall be conducted so as to meet all applicable regulations utilizing the practices identified in the Stormwater Management Plan; 9. Periodic mitigation measures to address fugitive dust shall be performed to maintain the driveway at an acceptable level, no less than once a year. 10. No more than two commercial vehicles may be parked on site. 1 8f` day of Men , A.D. 20 01 . . sr.. w1 6erk of the Board GARFIELD OUNTY BOARD OF COMMI IONS S, GARFIELD COUNTY, COLO Upon motion duly made and seconded the fo following vote: ®fi! nP tivtiantio ughwrimintirki Ram Reception#: 768315 05/2712009 12:19:50 PM Jean Alberico 4 of 4 Rec Fee;E0,00 Doc Fee:0.00 GARFIELD COUNTY CO COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER TRESI HOUPT COMMISSIONER MIKE SAMSON , Aye , Aye , 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 , A.D. 20_ . County Clerk and ex -officio Clerk of the Board of County Commissioners 4