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Home My WebLink About5.0 Resolution 2015-21111I #17 i kW, 1101 Reception#: 8E1761 04121/2015 04:1651 PM Jean Alberico 1 of 4 Roo Fee:$0.00 Doc Fee: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 13th day of April, 2015, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Drew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO.,2C�/,�5-,g/ A RESOLUTION TO AMEND A SPECIAL USE PERMIT FOR THE UNA GRAVEL PIT, OPERATED BY ELAM CONSTRUCTION, TO PERMIT OPERATION OF A HOT MIX PORTABLE ASPHALT BATCH PLANT AT THE SITE AND TO REMOVE CONDITIONS OF APPROVAL FROM RESOLUTION 2005-15. THE BOARD HAS ALSO GRANTED A ONE-YEAR WAIVER OF THE INDUSTRIAL STANDARDS HOURS OF OPERATION FOR 2015. THE SITE IS OWNED BY WILLIAM PATTERSON, RODNEY POWER, RONALD TIPPING AND MARIE TIPPING AND IS LEGALLY DESCRIBED AS LOT 2 OF THE TIPPING SUBDIVISION LOCATED SOUTHWEST OF THE TOWN OF PARACHUTE, GARFIELD COUNTY PARCEL NO. 2409-342-11-002 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request from EIam Construction to amend a Special Use Permit to removal of condition 4, 5, 6, 7, and 10 of Resolution 2005-15 to allow a Hot Mix Portable Asphalt Batch Plant at the Una Gravel Pit. The application also requested a one-year waiver of Section 7-1001 H, Hours of Operation, of the 2013 Land Use and Development Code, as amended (LUDC). This site is located within a property owned by William Patterson, Rodney Power, Ronald Tipping and Marie Tipping, Garfield County. B. The subject parcel is legally described as lot 2 of the Tipping Subdivision recorded at 1 1111 EirdRZit1141Nr2 M h!tWO,11111 Reception#: 861761 04/21/2015 04:16:51 PCI Jean Alberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Reception Number 834894 in the office of the Garfield County Clerk and Recorder and more generally described as the Una Gravel Pit southwest of Parachute, CO in unincorporated Garfield County. C. The subject property is within the Rural zone district, where such use is permitted by Land Use Change Permit. D. The Planning Commission considered this request at a public hearing on the 8th day of April, 2015 to determine a recommendation to the Board of County Commissioners upon the question of whether the above-described SUP should be amended, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the proposed land use. E. The Planning Commission closed the public hearing on the 8`h day of April, 2015 at which time they determined, by a 7-0 vote, to recommend approval of the request. F. The Board of County Commissioners opened a public hearing on the 13th day of April, 2015 when the question of whether the above-described amendment should be granted or denied was considered, and during which hearing the public interested persons were given the opportunity to express their opinions regarding the issuance of said SUP. G. The Board of County Commissioners closed the public hearing on the 13th of April, 2015 to make a decision regarding the request. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all 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, and upon compliance with conditions of approval, the request for a Special Use Permit Amendment is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application is in general conformance with Garfield County Comprehensive Plan 2030. 5. That, upon compliance with conditions of approval, and granting of a one-year (2015) waiver 2 ■111Iiird11nii ili di! <<+inke?(lF;11,:1r,:'inr.1ti*kJ. 11111 Recept iont$ : 861761 04/21/2015 04:16:51 PM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO from Section 1001 H., the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A Special Use Permit Amendment to allow a Hot Mix Portable Asphalt Batch Plant to be located within the Una Gravel Pit, a 211 -acre property, and a one-year waiver of Section 7- 1001 H. of the LUDC to allow hours of operation Sunday to Friday, 6 p.m. to 6 a.m. generally consistent with the approved site plan attached as Exhibit A , in Garfield County is hereby approved subject to compliance with the following conditions: 1. All material representations made by the Applicant and their representatives in the application or during the public hearing must be adhered to as conditions of approval unless otherwise stated by these conditions. 2. That the operation of the facility shall be in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 4. The Applicant shall prepare a noxious weed inventory of the site and a site specific weed management plan for the property. This inventory and plan shall be submitted for review and acceptance by Vegetation Management on or prior to June 30, 2015. 5. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 6. Oversize/overweight vehicles shall obtain required permits from the Garfield County Road and Bridge Department. 7. All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103. 8. Heavy or construction equipment associated with the asphalt plant operations on the site shall use white noise back up alarms as opposed to other audible back up alarms. 3 11!1 KirJL',11[41,M1r0 1.111:r 11111 Reception#: 861761 04/21/2015 04:16:51 PM Jean Rlberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 9. Upon issuance, the Applicant shall provide to Community Development a copy of the Colorado Department of Public Health and Environment — Air Pollution Control Division (CDPHE — APCD) Air Pollution Emission Notice (APEN). YI- Dated this 050 day of �42.-tom�- , A.D. 20 /S . ATTEST: Cle,> of the Board i i f RFIELD COUNTY BOARD OF MISSI, GARFIELD COUNTY, Upon motion duly made and seconded the fo following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY ution was adpted by the STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 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