HomeMy WebLinkAbout4.0 Conditions of ApprovalSCHMUESER GORDON MEYER
ENGINEERS SURVEYORS
June 25, 2004
Mr. Mark Bean
Director of Planning
108 8th Street
Glenwood Springs, CO 81601
RE: Western Slope Recycling
Dear Mark,
GLENWOOD SPRINGS ASPEN CRESTED BUTTE
1 18 W. 6TH, SUITE 200 P.O. BOX 2 155 P.O. BOX 3088
GLENWOOD SPRINGS, CO 81 601 ASPEN. CO 81 61 2 CRESTED BUTTE, CO 81 224
970-945-1004 970-925-6727 970-349-5355
FX: 970-945-5948 FX: 970-925-4157 FX: 970-349-5358
Please find, attached to this letter, two copies of the following items required to meet the
conditions of approval for the Special Use Permit for Western Slope Recycling. This
project was approved under Resolution No. 2004-01. (See Copy Attached)
Condition #1 — All proposals of the applicant and representations made at the hearing
shall be considered conditions of approval unless stated otherwise by the Board of
County Commissioners.
Condition #2
a) Identify and remove tamarisk on the property.
There is no tamarisk on the property.
b) Provide a written annual weed management plan for the site.
See Weed Management Plan prepared by John L. Taufer & Associates, Inc.
c) Provide a plant material list for reseeding the disturbed areas.
See Weed Management Plan prepared by John L. Taufer & Associates, Inc
d) A larvicide program to manage mosquitoes in shallow areas of the pond, and a
plan for implementing it.
This condition was in reference to a detention area that was originally planned at
the northeast corner of the site. This detention area has been eliminated from
the plan. There will be no standing water on the site, hence no need for
mosquito control.
Condition #3
a) The applicant shall apply a veneer to the lower 4.5 feet of the main building,
including the rail shed and recycling area.
See Sheet A-002, Building Elevations
b) The same veneer material or another complementing, non-metal material, shall be
appied to the entirety of each exterior wall projecting from the northf
main building, which appears to be the area functioning as office spa `-. LIVED
See Sheet A-002, Building Elevations JUN 2 8 2004
GARFIELD COUNTY
BUILDING & PLANNING
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June 28, 2004
Mr. Mark Bean
Page 2
c) The same veneer material or another complementing, non-metal material, shall be
appied to the entirety of each exterior wall projecting from the north side of the
main building, which appears to be the area functioning as office space.
See Sheet A-002, Building Elevations
d) The roof plane along the north elevation shall have a break where the roofline
exceeds 150 feet in length.
See Sheet A-002, Building Elevations
e) The building shall be finished in a light to medium earth tone color.
The applicant agrees to this condition, and it will be reflected on the drawings
when submitted for building permit.
f) The roof shall have a low profile, visually blending and be a non -reflective earth
tone color.
The applicant agrees to this condition, and it will be reflected on the drawings
when submitted for building permit.
g)
All exterior lighting shall be provided by using downcast, cut off fixtures.
The applicant agrees to this condition, and it will be reflected on the drawings
when submitted for building permit.
h) Security fencing shall be constructed of a solid, opaque material or, if chain link,
landscaping shall be planted outside the fence. The landscaping shall be planned
by a professional landscape architect and shall include 2" caliper deciduous trees
and/or 6" evergreens spaced and grouped with the purpose of enhancing the site
and screening the chain link fence from 1-70 and Highway 6.
The landscape plan has been prepared by John L. Taufer and Associates. It
indicates that appropriate sized evergreen and deciduous trees will be planted
along the north side of the parking area and the container storage area. The
container storage area will be screened from view by using opaque fencing
material.
i) The parking lot and signage shall conform to the standards of the Rifle Municipal
Code.
The parking and landscape plan have been reviewed by the City of Rifle. See
attached letter from Matt Sturgeon, Planning Director of the City of Rifle, giving
their approval of the plan.
Condition #4 — A drainage easement be defined on the east end of the property and the
applicable State Stormwater permits be obtained prior to issuance of the Special Use
Permit.
The condition for the drainage easement related to the same detention pond
discussed under Condition #1. This detention pond has been eliminated from the
plan, hence a drainage easement is no longer needed. The Stormwater Management
Plan has been submitted to the CDPHE and has been approved as Certificate #6801.
I.\2003\2003-120\001\con-esp\Mark Bean\Memo to Mark Bean - submittal of additional info 6-25-04_doc
June 28, 2004
Mr. Mark Bean
Page 3
Condition #5 — Prior to issuance of a Special Use Permit, a copy of the approved pre-
annexation agreement with the City of Rifle be submitted to the County.
See attached copy of the Pre -annexation Agreement as recorded at Reception
#65012 on April 14, 2004.
Condition #6 — If an ET system is used, the system must include adequate effluent
storage for the October through March perior when the ET rate is inadequate for the
design flow. An automated alarm system which provides a warning when the ET bed
and storage facilities are full. An operation and maintenance plan must also be prepared
for the system which includes a contingency plan for pumping and off-site disposal of
effluent if necessary due to inadequate function of the system.
See attached Individual Sewage Disposal System design and ISDS Operation and
Maintenance Plan.
Condition #7 — Prior to issuance of the Special Use Permit, a revised site plan for the
buildings and outside storage areas will be submitted to the County.
See Sheet A-001, Site Layout Plan.
Condition #8 — Prior to issuance of the Special Use Permit, an amended plat shall be
approved by the Board for Lots 4 and 5 of the Lacy Park Subdivision.
A mylar copy of the Amended Final Plat is attached for signature.
Condition #9 — The applicant will accept other recyclable materials other than
construction and demolition waste that is brought to the site in bulk by other commercial
or municipal entities.
The applicant agrees to this condition.
Subsequent to the Board of County Commissioner's hearing, the property was
transferred from Lacy Park, LLC. to Western Slope Recycling, LLC. A copy of the
warranty deed for that transaction is attached. The Amended Final Plat reflects that
change in ownership.
I believe that these items fulfill all of the conditions of approval for the Special Use
Permit. Please let me know if you have any questions.
Regards,
SCHMUESER GORDON MEYER, INC.
Debbie Duley,
Project Manager
cc: Tom Beard
John Taufer
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JOHN L. TAUFER & ASSOCIATES, INC.
Landscape Architecture / Land Planning
June 23, 2004
Steve Anthony
Garfield County Vegetation Manager
P.O. Box 1112
Rifle, Colorado 81650
Re: Western Slope Recycling - Weed Management Plan
Lots 4 & 5, Lacy Park Subdivision - Garfield County, Colorado
Dear Steve,
Western Slope Recycling is proposing to develop a recycling center on Lots 4 & 5 of the
Lacy Park Subdivision. The property is located south of the eastbound on-ramp of the
West Rifle I-70 Interchange. The report prepared herewith and the attached Landscape
Plan anticipates a plan to revegetate areas that will be disturbed during the construction of
the recycling center and in addition, provide visual screening of the facility from I-70.
The owners are committed to establishing a vegetation program to insure that the
vegetation on the property remains healthy and free of noxious weeds.
Existing Property Conditions
Lots 4 & 5 of the Lacy Park Subdivision consists of approximately 11.31 acres of vacant
property. The property abuts the eastbound I-70 on-ramp and frontage road and extends
to the south to the Union Pacific Railroad right -of way. The gradient of the property is
relatively flat.
Proposed Development
The proposed recycling center development consists of a large building which houses the
tipping , recycling and tarping areas. An office/restroom area is attached on the north side
of the building. An evapotranspiration bed is situated to the south of the large building.
The entry drive intersects with the frontage road on the west end of the property and
continues to the recycling building where the drive loops through the building and returns
to the main drive. A parking/container storage area is located on the east end of the
recycling building.
909 Colorado Avenue • Box 2271 • Glenwood Springs, CO 81 602
(970) 945-1 337 • FAX (970) 945-791 4
The remainder of the site will be landscaped with native grasses, evergreen and
deciduous trees.
Vegetation Inventory
In late winter and again in early summer, I performed a site inspection to assess the
vegetative cover. The property is divided into two distinct vegetative associations. As
previously mentioned, a portion of the site has been graded to create a flat area for
development. The vegetation that exists on this leveled area consists primarily of pioneer
species of undesirable weeds and some grasses. The vegetation is spotty and consists
primarily of cheatgrass, Russian thistle and other species. The other vegetative
association consists primarily of western sagebrush and some grasses. This area is
situated around the perimeter of the graded area. The property appears free of noxious
weeds.
The identified cheatgrass and Russian thistle will be selectively eradicated by means of
chemical treatment. Other weeds identified during the growing season will be selectively
eradicated using the aforementioned treatment.
Revegetation of Disturbed Areas
Areas disturbed by construction activity will be revegetated primarily with low growing
grasses that are drought tolerant.
During the process of grading, topsoil will be stockpiled. The topsoil will be used as a
top dressing for seeded areas. Once the grading process is complete, topsoil will
immediately be spread over the disturbed areas. Stockpiles of topsoil will not be
allowed to remain idle.
The disturbed areas will be seeded with the following seed mix and at the rate specified.
SEEDING SCHEDULE
Description Lbs./PLS/Acre*
Crested Wheatgrass `Ephraim'
Perennial Ryegrass
Sheeps Fescue `Covar'
Chewings Fescue
Canada Bluegrass
7.5
6.5
5.0
2.5
3.5
Total 25.0 Lbs./PLS/Acre
2
*Lbs./Pure Live Seed/Acre
Seed will be sowed by means of hydraulic seeding equipment or by seed drilling using a
brillion or approved seed drilling implement. Once the seed has been sowed, the seeded
areas will be fertilized with a fertilizer containing an analysis of 18/46/0 at a rate of 200
lbs./acre.
After seed and fertilizer have been installed, all seeded areas shall receive an application
of Soil Guard, a bonded fiber matrix that is used as a mulch and erosion control material.
Soil Guard shall be installed at a rate of 2,000 lbs./acre on slopes less than 2:1 and at a
rate of 3,500 lbs.acre on slopes greater than 2:1. Soil Guard shall be installed by a
contractor certified by the manufacturer to apply the product.
Revegetation will commence upon completion of the utility installation and paving of the
roadways.
The areas of anticipated revegetation are delineated on the Landscape Plan, Sheet L1.
Prior to seeding, the trees and shrubs will be installed. All trees and shrubs will be
irrigated by means of an automated drip irrigation system.
Maintenance of Vegetation at the Recycling Center Site
Continued maintenance of the vegetation in common seeded areas and other common
areas in the subdivision will be the responsibility of the owners. The owners will be
responsible for control of noxious weeds and the overall health of the vegetation on the
property.
Area of Revegetation
The total area of anticipated revegetation is approximately 3.6 acres. The area includes
areas outside of roadways, parking areas and building footprints.
If you have questions or need additional information, please do not hesitate to contact my
office.
Sincerely,
John L. Taufer, Landscape Architect
3
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STATE OF COLORADO
County of Garfield
)ss
Wb/ZB/104 1.1:ZIelam P. 002
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in
the Comtttissioners'Mectirig Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the
8th day of December, 2003, there were present:
John Martin , Commissioner Chairman
.arty McCown Commissioner
Tt si I Iotrp[ , Commissioner
Don Dcord , County Attorney
Mildred Alsdoaf , Clerk of the Board
_Fd Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO, 2004-01
A RESOLU'T'ION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION
FOR MATERIAL HANDLING AND STORAGE FOR DAVID JOHNSON AND LACY PARK LLC.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from David Johnson and Lacy Park LLC. concerned with a Special Use Permit to allow for
material handling and storage (waste transfer station and recycling facility);
WHEREAS, the Board held a public hearing on the 8th day of December, 2003, upon the question of
whether the above-described Special Use Permit should be granted or denied, at which bearing the public
and interested person.s were given the opportunity to express their opinions regarding the issuance 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:
1 That proper publication and public notice were provided as required by law for the hearing
before the Hoard of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
W.
/ VJ�Li4�4 /tO
1111(1111111111111[1111111113 1111111111111111111
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heard at that hearing.
06/28/04 11:20am P. 003
3. That the application is in compliance with the Garfield County Zoning Resolution of 1 978, as
amended.
4. For the above stated and other reasons, thc proposed use is in the best interest of the health,
safety, morals, convenience, order, prosperity and welfare ofthe citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Special Use Permit be and hereby is approved
storage (waste transfer station and recycling) facility, upon the following specific conditions�andling and
1. All proposals of the applicant and representations made at the hearing shall be
considered conditions of approval unless stated otherwise by the Board of County
Commissioners.
Prior to the issuance of the Special Use Permit, the applicant shall: submit the following for approval
by Steve Anthony, Weed Management Department:
a. If there is tamarisk on the property the applicant shall provide a plan to reprove
the tamarisk from thc property
b. A written annual weed .management plan for the site.
c. A plant material list for reseeding the disturbed areas.
d. A larvicide program to manage mosquitoes in shallow areas of the pond, and a
plan for implementing it.
3. Prior to the issuance of the Special Use Permit, the applicant shall;:
(a) The applicant apply a veneer (i.e. stucco, stone, brick) to the lower 4.5 feet of the
main building, including the rail shed and recycling area.
(b) The same veneer material or another complementing , non-metal material, shall
be applied to the entirety of each exterior wall projecting from the north side of
the main building, which appears to be area functioning as office space.
(c) 'The roofplane along the north elevation have a break where the roofline exceeds
150 ft in length.
(d) The building be finished in a light to medium earth tone color.
(e) The roof have a low profile, visually blending and be a non -reflective earth tone
color.
(f) All exterior lighting shall be provided by using downcast, cut-off fixtures,
(g) Security fencing shall be constructed of a solid, opaque material or, if chain link,
landscaping shall be planted outside the fence. The landscaping be planned by a
professional Landscape architect and include 2" caliper deciduous trees and/or 6'
1111111 111I1 111111111111 111 1111111 11111II1111111111 1111
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evergreens spaced and grouped with the purpose of enhancing the site and
screening the chain link fence from 1-70 and Highway 6.
(h) The parking lot and si.gnagc shalt conform to the standards fo the Rifle Municipal
Code.
4. A drainage easement be defined on the east end of the property and that the applicable State
Stormwater permits be obtained prior to issuance of the Special Use permit.
5. Prior to issuance of the Spcci al Usc Permit, a copy of the approved pre -annexation agreement
with the City of Rifle, be submitted to the County.
6. if an ET system is used, the system must include adequate effluent storage for the October
through March period when the ET rate is inadequate for the design flow. An automated
alarm, system which provides a warning when the ET bed and storage facilities are till. An
operation and maintenance plan must also be prepared for the system which includes a
contingency plan for pumping and offsite disposal ofeffluent if necessary due to inadequate
function of the system and included in the SUP file in the Planning Departtnent offices.
7. Prior to issuance of the Special Use Permit, a revised site plan for the buildings and outside
storage areas will be submitted to the County.
8. Prior to the issuance of the Special Use Permit, an arncnded plat shall be approved by the
Board for Lots 4 and 5 of the Lacy Park Subdivision.
9. The applicant will accept other recyclable materials other than construction and demolition
waste that is brought to the site in bulk by other commercial or municipal entities.
Dated this 5th day of January
ATTEST:
of the Board
Upon otion dul ade and seco
,'A.D. 2004
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
„wt1111 lij ,
LD
�'.
•. Clerk
Chairman
ded the foregoing Resolution s adopted by,the following vote:
O�
1111.1'.1"
GARFIELD CUUNTY llO�tj4�4 !IQ
1 111111 11111 111111 111111 111 1111111 11111 1111 1111
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John Martin
IOb! Lt3/ i[J�F .1.1 : cram r. vukuo
Larry McCown
Tresi FJoupt
STATE OF COLORADO
County of Garfield
)
)ss
, Aye
, Aye
Nayc
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 Cotnrnissioners 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. 2003
County Clerk and ex -officio Clerk of the Board of County Conunissioners
CITY O RIFLE
202 Railroad Ave. • P.O. Box 1908 • Rifle, Colorado 81650 • (970) 625-2121. Fax (970) 625-3210
April 1, 2004
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Western Slope Recycling Transfer Station
Dear Mark:
R
F
APR O.-2004
Staff met with representatives regarding the solid waste transfer station to be located at the West
Rifle interchange and operated by Western Slope Recycling, LLC. Staff reviewed the building
elevations, landscape and parking plans, and findings of the CDPHE. Following our review of
the materials and discussions with the representatives, we feel the city of Rifle's concerns are
being addressed and have no objection to a building permit being sought.
Should you have questions regarding Rifle's position on this matter, please give me a call at 625-
6253.
Sin
Matt Sturgeon
Planning Director
c. Debbie Duley, SGM
Planning and Development Department • 970-625-6224 • (fax) 970-625-6268 • planning@rifleco.org
STATE OF COLORADO
Dedicated to protecting and improving the health and environment of the people of Colorado
Bill Owens, Governor
Douglas H. Benevento, Executive Director
Grand Junction Regional Office
222 S. 6th St., Rm 232
Grand Junction CO 81501-2768
Fax (970) 248-7198
http..,441411,..cdphe.state.co.us
February 26, 2004
Ms. Debbie Duley
Schmueser Gordon Meyer, Inc.
118 w. 6th Street, Ste. 200
Glenwood Springs Co 81601
Re: Proposed Waste Transfer Station, Lots 4 and 5 Lacy Park Subdivision
Dear Ms. Duley:
Colorado Department
of Public Health
and Environment
The Hazardous Materials and Waste Management Division of the Department of Public Health and
Environment (the Division) has completed review of documents entitled "Western Slope Recycling
LLC Application for Special Use Permit and Preliminary Operations Plan for Western Slope
Recycling. The proposed facility is a Waste Transfer Station in West Garfield County.
In accordance with the solid waste statute 30-20-100.5 et seq. (the Act), and corresponding
regulations, 6 CCR 1007-2 (the Regulations), the Division issued a press release about the proposed
transfer station and held a 30 -day public review and comment period. The 30 -day public comment
period ended April 23, 2004.
In this final report on our comprehensive technical review, the Division has the following technical
conditions of approval to be incorporated as requirements in the Special Use Permit should one be
approved by Garfield County, which is required by Section 104(2)(a) of the Act:
1. The Division has the right to inspect the site in order to evaluate compliance with solid waste
regulations and conditions of the Special Use Permit.
2. The site and facility shall comply with the health laws, standards, rules and regulations of the
Department, the Water Quality Control Commission, the Air Quality Control Commission, and
all applicable laws local laws and ordinances.
l
Ms. Debbie Duley
Proposed Waste Transfer Station
February 26, 2004
Page 2
3. A Fire Protection Plan will be approved by the Fire Marshal prior to the facility
commencing operation.
It is the assessment of the Division that the proposed facility can comply with the technical,
environmental and public health standards of the Act and the Regulations if the facility is
constructed and operated as detailed in the submitted plan and with the requirements of the
Division as stated in this letter. Based on this assessment, the Division recommends that this
proposed facility may be approved by Garfield County based on these and local criteria.
If you have any questions regarding this matter, please contact me at (970) 248-7168.
Sincerely,
a,•—•
• ; ' •Il 1
CQbmpliance Program
r' �c
• "d Waste Unit
Sincerely,
Glenn F. Mallory
Solid Waste Unit Leader 17
'Compliance Program
cc: Garfield County Commissioners
Mr. Mark Bean, Garfield County Planning
CDPHE, Water Quality Control Division, Dave Akers
CDPHE, Air Quality Control Division, R. K. Hancock
sw/gar/wsr 3.3
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WESTERN SLOPE RECYCLING, LLC
CONTRACT TO PROVIDE SERVICES
AND PRE -ANNEXATION AGREEMENT
Si7
THIS CONTRACT is made and entered into this 42(,t4day of Fc brt,r ,, 2004, by
and between the CITY OF RIFLE, COLORADO, a municipal corporation (hereinafter "City")
and WESTERN SLOPE RECYCLING, LLC, a Colorado limited liability company , as the
owners of the real property described hereafter (hereinafter "Owners");
WITNESSETH:
WHEREAS, the Owners desire to obtain the municipal service hereinafter described from
the City, and the City is capable of providing such service; and
WHEREAS, the Owners' property, hereinafter described, is not presently capable of
being annexed to the City of Rifle; however, at such time as Owners' property is eligible for
annexation, the determination of which shall be made by the City in its sole discretion, Owners
agree to annex the property to the City; and
WHEREAS, the parties desire to enter into this Agreement pursuant to C.R.S. §31-12-
121 to set forth the terms and conditions of the extension of such services by the City.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree as follows:
1. Service Provided. The City agrees to provide Owners with the following
municipal service: Up to one (1) two-inch (2") water tap.
2. Property Served. The City will provide said service to Owners' property situate
in the County of Garfield and State of Colorado, and described on Exhibit A attached hereto and
incorporated herein by this reference.
3. Uses. The service described in Paragraph 1 shall be provided to the Property for
the following uses only:
A Solid Waste Transfer Site as presented to the Rifle Planning Commission, the Rifle
City Council, and the Garfield County Board of County Commissioners in 2003.
4. Costs. The City will provide said service subject to the rules, regulations,
charges, fees, and ordinances of the City of Rifle as are now in effect, or as they may hereafter
be amended, including without limitation water rights dedication fees, tap fees and service
charges. The cost of extending the sewer and water mains and service lines will be borne by the
Owners, as provided in the Rifle Municipal Code. At or prior to the first delivery of municipal
service pursuant to this Contract, the Owners agrees to pay all system improvement fees at the
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out -of -City rate. Owners further agree to reimburse the City for all engineering, legal, and
associated fees and costs it incurs in the review and implementation of this Contract and the
provision of services. The Owners and their agents. employees, and tenants shall be bound by
all of the ordinances of the City of Rifle insofar as they may pertain to the provision of the
municipal service herein described.
5. Service Charges. During the term of this Contract, the Owners agree to pay for
the above-described municipal service at the rate and in the manner which may be provided by
the Rifle Municipal Code for municipal utility consumers residing outside the City limits. The
City reserves the right to modify these charges or regulations.
6. No Precedential Value. Nothing herein shall obligate the City to extend additional
service to the Owners or to the Property, other than that service described in Paragraph 1,
above. There shall be no expansion of such service without the express written consent of the
City.
7. Service Subject to Municipal Code; Termination for Breach. The extension of
municipal service under this Agreement is subject to all requirements of the Rifle Municipal
Code applicable to the supplying of such services now in effect or as hereafter amended. A
failure by the Owners to comply with all applicable provisions of the Rifle Municipal Code or
with the terms of this Contract shall constitute a material breach, and the City shall be entitled
to terminate this Contract upon such a breach and/or to discontinue the municipal services
provided hereunder.
8. Annexation. To the maximum extend permitted by law, the parties agree that this
Contract, pursuant to C.R.S. §31-12-121, constitutes an enforceable obligation upon the
Owners, their successors, and assigns to annex the Property as required under the terms hereof.
At such time as the Property is eligible for annexation to the City, as prescribed by statute or
ordinance, and as determined by the City, the Owners shall submit a petition for annexation to
the City to annex the Property to the City. The Owners may annex their Property in conjunction
with adjoining property owners; provided, however, that a petition for annexation is filed within
sixty (60) days of the time the Owners' Property becomes eligible for annexation. The Owners
shall pay all costs for review of the annexation petition, as required by the Rifle Municipal Code
(currently Section 17.02.160). The passage of time between the eligibility of the Property for
annexation and the time the City requests the Owners file a petition for annexation shall not
constitute a waiver of the City's right to enforce, or estop the City from enforcing, the Owners'
obligations under this paragraph. As required by Section 17.02.155 of the Rifle Municipal
Code, the Owners will be required to submit a radiation hazards report with their petition for
annexation or petition for annexation election.
9. Payment of Impact Fees. Prior to the provision of services to the Property,
Owners agree to pay the impact fees in effect at the time of execution prescribed by the Rifle
Municipal Code and City Resolutions for the facility to be constructed on the Property.
Therefore, Owners shall pay a water rights dedication fee, currently $200.00 per EQR of
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service. Owners further agree to pay at the time of annexation all applicable offsite street
impact fees and parkland dedication fees for the Property in the amounts set forth under
Resolution No. 25, Series of 1995 and Resolution No. 6, Series of 2000, or as hereafter
amended, and any other fees prescribed by Resolution, Ordinance or policy as may apply to
annexations.
10. Termination Upon Annexation. This Contract shall terminate automatically on
the effective date of the annexation to the City of the Property; provided, however, that nothing
in this paragraph shall limit any other rights of termination provided in this Contract. Upon
termination after annexation, service to the Property shall be provided pursuant to the Rifle
Municipal Code and all applicable rules and regulations. Until annexation, nothing herein shall
be construed as obligating the City to provide additional taps of any kind to the Owners of the
Property.
11. Districts. The Owners, upon execution of this Contract and at any time thereafter,
shall join in any street, curb, sidewalk, or other improvement district which may be formed by
the City and which affects the Property.
12. Park District. Pursuant to Rifle Municipal Code Section 17.02.230, the Owners'
petition for annexation pursuant to Paragraph 9 shall be accompanied by a petition to include the
Property within the Rifle Metropolitan Park District.
13. Failure or Refusal to Annex. In the event the Owners fail to annex their Property
to the City as required by this Contract, the City may, at its sole option and without otherwise
limiting its legal rights, bring an action at law or equity, including an action for specific
performance, to enforce the terms of this Contract, discontinue providing municipal service(s)
to the Property, or treat this Contract as a petition for annexation and annex the Property without
consent after thirty (30) days' written notice to Owners. The rights and remedies under this
paragraph shall be cumulative. To the extent permitted by law, the Owners hereby appoint the
City Clerk as their attorney-in-fact to execute and deliver all documents necessary to annex
Owners' Property to the City, should the Owners fail or refuse to annex as required under this
Contract. If the City proceeds to annex the Owners' Property as permitted under this paragraph,
it may advance all fees and costs related to the annexation, and shall be entitled to recover the
same as a personal obligation of the Owners. Such fees and costs shall also constitute a lien
against the Owners' Property, which may be foreclosed as provided by law.
14. Lien Rights. The City shall be entitled to prepare and record a lien against the
Owners' Property for the amount of any costs, fees, and other expenses which it has advanced
or which the Owners are required to be pay pursuant to this Contract and/or the Rifle Municipal
Code. Such costs and fees include, but are not limited to, system improvement fees, user fees,
recording, annexation, and staff review and document preparation fees and costs; and
engineering and attorneys' fees.
15. Time of Connection. The Owners shall. at their expense, connect to the offered
I?OOi\Clwnls`.Ritk1R-31287)WsInSlopc Rccycl- I o07`,Agrccmenis Prc-Anne. Aon wpd
Page 3 of 7
1 111111 11111 111111 111111 11111 1111 111111 111111 1111 1111
' 650122 04/14/2004 03:06P B1577 P520 M PLSDORF
4 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO
City service pursuant to the Rifle Municipal Code within one (1) year of the date of execution
of this Contract and said connection shall comply with the requirements of the City of Rifle
Public Works Manual. In the event the Owners do not make such connection within such one-
year time period, this Contract shall be null and void and of no precedential value, and all parties
relieved of all obligations hereunder; provided, however, that if the City physically connects the
offered City service to the Owners' Property after one (1) year, the fact of connection shall
constitute a waiver of the time limit contained in this paragraph, and a bonafide purchaser of the
Owners' Property shall be entitled to rely thereon.
16. No Guarantee of Fire Flows. Nothing herein shall be construed to obligate the
City to provide adequate fire flows for residences or developments outside the City which
receive City water or sewer services hereunder.
17. Miscellaneous. The parties agree time is of the essence in the implementation of
this Contract. All of the terms and conditions of this Contract shall bind the heirs, successors,
assigns. or personal representatives of the parties hereto. This Contract constitutes a covenant
which runs with the real Property. This Contract sets forth the entire understanding between the
parties. and any previous agreements, promises, or understandings have been included in this
Contract.
18. Recording; Fees. The City shall record this Contract upon execution. The
Owners shall simultaneously with the execution of this Contract tender to the City the actual
amount of recording fees. (Checks shall be payable to the Garfield County Clerk and Recorder.)
19. Affidavits. Upon completion or satisfaction by the Owners, or their successor in
title, of all of the terms and conditions of this Contract, the City Manager is authorized to
prepare an affidavit to that effect, which the Owners may record with the Garfield County Clerk
and Recorder. If the Owners do not connect to the offered City services within the time limit
in Paragraph 15, the City shall have the right to record a notice of the termination of this
Contract.
20. Regulatory Jurisdiction. The City shall have the right to terminate this Contract
in its sole discretion in the event the Colorado Public Utility Commission, the Garfield County
Commissioners. or any other governmental entity or body asserts regulatory jurisdiction over
the rates. fees, or charges the City imposes pursuant to this Contract.
21. Additional Conditions of Service.
A. Operations Plan. Water service shall not be provided pursuant to this Agreement
until an Operations Plan for a solid waste transfer station on the Property has
been prepared pursuant to State guidelines, reviewed and approved by the State
Department of Public Health and Environment, and approved by the Garfield
County Department of Building and Planning.
I '2004',C: cros Ri (k' R-3(287)WstnSlopCRccycl -1607`, Agrccmcnts,Prc-Anncxaiicn wpd
Page 4 of 7
111111111111111111111111111111111111111 ll 1111111111111
650122 04/14/2004 03:06P 81577 P521 M ALSDORF
5 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO
B. Construction of Facility. Owner shall comply with the following regarding the
construction of the facility:
(1) a veneer (i.e. stucco, stone, brick) shall be applied to the lower 4.5 feet
of the main building, including the rail shed and recycling area. The same
veneer material, or another complementing non-metal material, shall be
applied to the entirety of each exterior wall projecting from the north side
of the main building, which appears to be the area functioning as office
space;
(2) a break in the roof plain shall be provided along the north elevation where
the roofline exceeds 150 feet in length;
(3) the building shall be finished in a light to medium earth tone color;
(4) the roof shall be low profile, visually blending and be a non -reflective
earth tone color;
(5) all exterior lighting shall be provided using downcast, cut-off fixtures;
(6) security fencing shall be constructed of a solid, opaque material or, if
chain link, landscaping shall be planted outside the fence. The
landscaping shall be planned by a professional landscape architect and
include 2" caliper deciduous trees and/or 6' evergreens spaced and
grouped with the purpose of enhancing the site and screening the chain
link fence from I-70 and Highway 6 & 24;
(7) the parking lot and signage for the Property shall conform to the standards
of the Rifle Municipal Code; and
(8) the electric service lines to serve the Property shall be installed
underground.
C. Hwy 6 & 24 Sewerline Extension. Owner agrees to connect to the City's
wastewater system pursuant to Chapter 10 of the Rifle Municipal Code within five
(5) years of the construction of the Highway 6 & 24 Sewerline or upon the failing
of the on-site Individual Sewage Disposal System as currently proposed,
whichever occurs first; provided, however, if Owner constructs a wastewater
treatment facility, it shall connect to the City's system upon the failure of the
facility, upon any non-compliance with local, state or federal regulations
regarding the facility, or within 10 years of construction, whichever occurs first
Owner further agrees that the Property is subject to a Hwy 6 & 24 Sewerline
Extension Surcharge at the time sewer service is requested in the amount
I 2004•CI wilts R-312071 WsloSlopcRccyc1.1607` Agreements,Pre-A nncaauon.w pJ
Page 5 of 7
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650122 04/14/2004 03:06P B1577 P522 M ALSDORF
6 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO
established by an Ordinance of general applicability to users who connect to the
proposed 6 & 24 Sewerline Extension based upon each user's percentage use of
the capacity of such line, which Surcharge shall be in addition to the sewer
system improvement fee.
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
first written above.
STATE OF COLORADO )
) ss.
COUNTY OFL-WiLid )
CITY OF RIFLE, COLORADO
Mayor
WESTERN SLOPE RECYCLING, LLC:
Print name: 7-fric„„,,5 �. /36,14.0
Title: VI cE - /a4e-s, D efor
Acknowledged, subscribed, and sworn to before me this 1 -}-in day of rilr i (C -h ,
2004, by K._r l {t tYl hIi i� f" , Mayor, and v\.) 0_17()In �Li i% I C t'i r
City Clerk, on behalf of the City of Rifle, Colorado.
WITNESS my hand and official seal.
My Commission expires: ! - I I
I 2604•CIinu.N Rills 6.7t_N7JWstnSlopcRccycl.lo07•Agrccmc nts.Prc-Auncx 41101 pd
Notary Public
Page 6 of 7
i inui 11111 111111 111111 11111 ilii 111111 111 11111 ini ini
650122 04/14/2004 03:06P B1577 P523 M ALSDORF
7 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Acknowledged, subscribed. and sworn to before me this J day of Vh y4.�c..e ?--J ,
2004. by T% o,,,,*5 B. ,ge.osas V, es, of Western Slope Recycling,
LLC.
WITNESS my hand and official seal. ����
My Commission expires: jc-g--",_ / 7 o046 7- •.
T
3 A
Y '" r X11
Notary'ublic
2004 C:.c _.'1 WsrnSlopcRccycl-I0U7-Agrccmanu Pre -Annexation w pd
Page 7 of 7
SCHMUESER GORDON MEYER
_�. ENGINEERS SURVEYORS
8 W. 6TH, SUITE 200
GL.ENW000 SPRINGS, CO 8 1 601
970-945-1004
Fx: 970-945-5948
1111111111111111111111111111111111111111111111111111111
650122 04/14/2004 03:06P B1577 P524 M ALSDORF
8 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO
Exhibit A
Western Slope Recycling Parcel
P 0. BOX 2 155
ASPEN. CO 8 1 61 2
970-925-6727
FX 970-925-4157
A Tract of land consisting of Lots 4 & 5 as depicted on that plat of
Lacy Park Subdivision, recorded at Reception No. 537420 in the
Office of the Clerk and Recorder, being in Section 13, T.6S. R.94W.
6th P.M., Garfield County, Colorado, said parcel contains 11.31
acres more or Tess.
/S,
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14
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•
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Q:\2003\120.001 \Lot 4-5 Igl.doc
t4
BUTTE
P.O. BOX 3088
CRESTED BUTTE. CO 81224
970-349-5355
FX - 970-349-5358
GENERAL PERMIT APPLICATION
STORMWATER DISCHARGES
ASSOCIATED WITH:
CONSTRUCTION ACTIVITY
(Permit No. COR -030000)
For Agency Use Only
COR -03 6 0
Year
Date Received
Month Day
Code: 9A 9B 9C(1) 9D(2) 9E(3) 9F(4)
Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and
processing of the permit will not begin until all information is received. Please refer to the instructions for information about the
required items. An original signature of the applicant is required.
1. Name and address/of/the permit applicant:
Company Name G(Je571-&/-y) .5O� l ecyKA7 y. LL
z?o 06x e,Coo
Mailing Address
City, State and Zip Code �Q / / ��7 ?r :/7 7 " / 1/ e.5 q, CO Ri .3
Phone Number (9.9Z)) a25 — 92$/e) Who is applying.
Developer Contractor
Federal Taxpayer (or Employer) ID#: 71 - 'O 9 3 $ 1 1
Entity Type: it Federal State County City Other:
Local Contact (familiar with facility) T7e."m,z_S .Z33cC2_rc
Title (1l G e /"l'e 5 j cie r7 t Phone Number (921) R5 - 97540
2. Location of the constructionrsite:
Street Address lila-574
City, State and Zip Code
County &ar-c)e J /
2k /771-er-CLj on , 56a62, 4- 91Ja circzn7
Pie ; C 17 �l/ e so
Name of plan or development /2J . 7 f n
Ji
Latitude and Longitude /e 2 °5-0 /�9 � V.°3//././
3. Briefly describe the nature of the construction activity:
�/7 fry roa C�_5� parkin,
dOtn_Sti- LI 7% CD
r(dzi)rn(7cl 5l r)and r� �/i�i�s
y � o .S<r v � CL
Tecya 2,9
LzreC2.,
LSO 00 �yLLu�rG �'an7 l.[ 57 recy .G./ -7y
%9c TiUi TO // C//ode. eXca vc 6c7n, 71,b&j,A-irrif
fl 1
2.02,const
-t-
4. Anticipated construction schedule (SEE INSTRUCTIONS!):
Commencement date: f1f)r,/ ,225 Completion date: P fermi -her, 1006
5. Area of the construction site:
Total area of project site (acres) ./o 3 r e.5
Area of project site to undergo disturbance (acres)
//-3
e. cre�S
If project site is part of a Larger Common Plan of Development or Sale, total area of common plan to undergo disturbance
(see Instructions)
6. The name of the receiving stream(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate
receiving water):
Co %r<2 Oft, RI U r
7. Stormwater Management Plan Certification:
"I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this
application, has been prepared for my facility. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying
the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations."
Signature of Applicant
T�or�7e2 a 23,and",
Name (printed)
8. Signature of Applicant (legally responsible person)
Date Signed
�/,Ge PreS/O'er-2
Title
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this
application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the
information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine or imprisonment."
Signature of Applicant Date Signed
/ 5 . r � 1/1 c Pres/ n 7L
Name (printed) Title
2, 02, const
-2-
Western Slope Recycling
ISDS Operation And Maintenance Plan
The purpose of this plan is to provide an Operation and Maintenance Plan for the Western Slope
Recycling Center Individual Sewage Disposal System and meet the requirements of Garfield
County's Special Use Permit approval condition #6.
The ISDS has been designed to gravity flow from the office area of the building, into a septic
tank and then to an evapotranspiration and absorption (ETA) field. This is not a typical lined
evapotranspiration system using strictly ET to dispose of the effluent. The design also takes
advantage of the available percolation rate that exists at the site.
The owner and party in possession of the real property are solely responsible for the operation
and maintenance of the ISDS. Maintenance of the ISDS is essential to having a system that
operates properly and will also extend the life of the system. The following identifies the
maintenance schedule for the ISDS:
• Septic Tank should be inspected and pumped yearly
• ETA field should be inspected every 3 months and cleaned every 8 years
• Sewer lines should be inspected every 8 years
The septic tank should be pumped by a licensed contractor, who should also inspect the tank
interior, and ensure a watertight seal on the access hatch following inspection.
The ETA field inspection will consist of monitoring the effluent level at each inspection port and
walking the entire field to identify areas that may be saturated or have settlement with respect to
the remainder of the field. With consistent usage, inspection ports should reveal a moist or wet
subgrade, and with time, the buildup of a biomat layer. Ponded effluent may be an indication of a
field that is not operating as designed or has been overused with respect to the anticipated design
flows. This condition should be reported to the Engineer. Secondly, the identification of
saturated areas indicates either poor drainage off the field surface, a low spot within the system or
a failure of the system. Cleaning of the ETA field should occur every 8 years and would consist
of a peroxide treatment if deemed necessary at that inspection interval.
During the 8 -year inspection, televising and jetting of the sewer lines should also be completed.
In the event of a field failure, a new ETA or ET field could be installed on site. There is
approximately 55,000 s.f. of area available for a replacement field serving gravity flow and
another 30,000 s.f. that is accessible by pump system. The available area is adequate to allow for
several replacement fields. In the event of a catastrophic system failure, effluent could be
collected in the existing field (volume 10,000 gallons), pumped by a licensed contractor and
disposed. During this time, the field should be inspected daily to monitor the effluent level.
Since this is an ETA system, a majority of the effluent is designed to percolate into the soil, rather
than evapotransirate. Therefore there will be adequate wintertime storage for the system.
01/20/2004 11:13 FAA 19709459769
LARRY GREEN
WARRANTY DEED
4Qj 002
LACY PARK, LLC, a Colorado limited liability company, 0055 County Road 317, Rifle
Colorado 81650 ("Grantor"), for Ten Dollars ($10.00) and other good and valuable consideration,
in hand paid, do hereby sell and convey to WESTERN SLOPE RECYCLING, LLC, a Colorado
limited liability company, 0073 Sipprelle Drive, Parachute, CO 81635 ("Grantee"), the following
described real property situate in the County of Garfield, State of Colorado, to -wit:
Lots 4 and 5
Lacy Park Subdivision
according to the Final Plat thereof recorded
December 18, 1998, as Reception No. 537420 of the
Garfield County, Colorado records.
TO HAVE AND TO HOLD the same, together with all appurtenances and privileges
thereto belonging or in anywise thereto appertaining; and Grantor warrants title to the same,
EXCEPT AND SUBJECT TO the title exceptions more particularly set forth on Exhibit A
attached, a copy of which is attached hereto and incorporated herein by this reference; and general
property taxes for the current year 2003 and all subsequent years.
Dated this lans day of December, 2003.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
LACY PARK, LLC, a Colorado limited
liability company
By: Johnson Construction, Inc., Manager
B
Davi•4hnson, President
The foregoing instrument was acknowledged before me this ON day of December, 2003,
by David M. Johnson, as President of Johnson Construction, Inc., a Colorado corporation, acting
in its capacity as Manager of Lacy Park, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: -1\Ss\(-_,Lk
JANET L. F' , 'EfLaL
CA\Docurnents and sett io OITIM A]', Ir. i
:ngi\Front Aeak\Deak i4jgljyot\IZJp-o7 Wa
S 1 ATE OF CO1_Q?-, A F;0
my Deed wpd
U1/GU/ GVU'4 11:10 I'AA lUil 45`J!b`J
LAKKY uxr;rN l0 003
Exhibit A
(title exceptions)
1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should
the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or
canals as constructed by the authority of the United States, as reserved in United States Patent recorded
March 17, 1892 in Book 12 at Page 123.
2. Reservation of two-thirds of all oil, hydrocarbons and minerals as reserved in deed
recorded July 15, 1929 in Book 159 at Page 98.
3. Each and every right of access to that portion of Interstate 70 described as Parcel 301 Rev.
in rule and order recorded December 12, 1977 in Book 503 at Page 695.
4. Right of way and easement granted to Northwest Pipeline Corporation in instrument
recorded Jun 28, 1979 in Book 530 at Page 478 in which the specific location is not defined.
5. Terms and conditions of waiver and release of surface rights by W.F. Clough recorded
March 30, 1981 in Book 568 at Page 411.
6. Easement and right of way granted to Western Slope Gas Company in instrument recorded
October 23, 1980 in Book 558 at Page 387.
7. Reservation of all oil, gas and mineral rights and all water and water rights, ditches and
ditch rights appurtenant thereto as described in deed recorded January 5, 1982 in Book 589 at Page 886
and any and all interest therein or assignments thereof. NOTE: The deed referred to in Book 589 at Page
886 was corrected in instrument recorded April 30, 1984 in Book 648 at Page 763 for the sole purpose of
correcting errors in the description of the property conveyed and all other conditions, stipulations and
reservations contained in the deed remain in effect.
8. Conditions, restrictions and easements described in deed recorded December 29, 1993 in
Book 888 at Page 25.
9. Southern Pacific Transportation Company's purported reservation of all minerals and
mineral rights, interests and royalties to the extent of its ownership interest, if any, as set forth in
instrument recorded March 14, 1997 in Book 1012 at Page 80.
10. Terms, conditions, provisions and restrictions set forth in Garfield County Resolution No.
97-87 concerned with the approval of a special use permit recorded September 16, 1997 in Book 1034 at
Page 258.
11. Easements, conditions, restrictions and all matters as shown and described on the Final
Plat of Lacy Park Subdivision recorded December 18, 1998 as Reception No. 537420.
12. Declaration of Covenants, Conditions and Restrictions for Lacy Park Subdivision recorded
December 18, 1998 in Book 1104 at Page 911, as amended in instrument recorded July 21, 2000 in Book
1 198 at Page 298, and second Amendment recorded February 4, 2003 in Book 1433 at Page 456.
(All references to Book and Page are to the records of the Garfield County, Colorado Clerk
and Recorder)
C \Data neAu and SeWAtsW.vs1 DeklksloopNCi.IENTIolusonlLi)1DOREA11al A.opd