HomeMy WebLinkAbout6.0 Resolution 2014-06ST A TE OF COLORADO )
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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 Administration Building
in Glenwood Springs on Monday, the 20th day of January A .D. 2014, there were present:
John Martin , Commissioner Chairman ~~~~~------------~
Mike Samson , Commissioner ~~~~~------------~
T~om="-'J'""ank=o~v~s=k'"'""y _____________ , Commissioner
=--F .... rank='"""H"""u=t=fl=e=ss'-----~--------->.' County Attorney =--Je=an==-=A-=l=be-==ri=co=--(==~=h'-'~=e""'n_,_+_).__ ________ , Clerk of the Board
~A=n=d~re~w~G~o"""rg"'"'e"""y_-~a=b"""s~en=t'-----------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. ~oJt.J-tJl,
A RESOLUTION OF APPROVAL FOR AN AMENDED LAND USE CHANGE PERMIT
FOR AN AMENDED SPECIAL USE PERMIT FOR A CONTRACTORS YARD ON A 6.9
ACRE PROPERTY OWNED BY J. BRUCE AND ANN DEE SNODE, LOCATED AT
918 COUNTY ROAD 352, IN SECTION 18, TOWNSHIP 6 SOUTH, RANGE 92 WEST
OF THE 6m P.M., GARFIELD COUNTY
PARCEL NO # 21 79-184-00-418
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for an Amended Land Use Change Permit for an Amended Special Use Permit to allow
modifications to the conditions of approval for the J . Bruce and Ann Dee Snode Contractor's
Yard (File No. SUAA-7719). The Application requests removal of Condition #10 which sets
forth that the permit shall only be valid and in effect while the subject property is owned by J.
Bruce and Ann Dee Snode. The condition was approved as part of Resolution No. 2008-93
granting the Special Use Permit.
B. The Snode Contractor's Yard is located within a 6 .9 acre parcel of land owned by J.
Bruce and Ann Dee Snode. The ownership and legal description of this property is described in
a Warranty Deed found at Reception Number 704814 in the records of the Garfield County Clerk
and Recorder.
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C. The subject property is located within unincorporated Garfield County in the Rural
zone district, approximately Yi mile east of the Rifle City Limits at 918 County Road 352.
D. The area currently utilized for the Contractor 's Yard is less than 5 acres in size and
may be permitted in the Rural Zone District subject to an Administrative Review Process. At the
time of the original approval a Contractor's Yard required a Special Use Permit review.
E. The request was reviewed pursuant to Section 4-106 of the Land Use and
Development Code, determined to be a Substantial Modification, and the Amendment
Application filed and reviewed in accordance with the Land Use and Development Code.
F. The Board is authorized to approve , deny, or approve with conditions a request for an
Amended Land Use Change Permit pursuant to the Land Use and Development Code as
amended.
G. The Board of County Commissioners opened a public hearing on the 20th day of
January, 2014 for consideration of whether the proposed Amended Land Use Change Permit
should be granted or denied, during which hearing the public and interested persons were given
the opportunity to express their opinions regarding the request.
H. The Board of County Commissioners clos ed the public hearing on the 201h day of
January , 2014 to make a final decision.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That the proper public notice was provided as required for the hearing before the
Board 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 or could be
submitted and that all interested parties were heard at the meeting.
3. That for the above stated and other reasons to amend the Special Use Permit for
a Contractor's Yard by removing Condition 10 is in the best interest of the health,
safety, convenience, order, prosperity, and welfare of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan.
5. That with the adoption of conditions , the application has adequately met the
requirements of the Garfield County Land Use and Development Code .
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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 re ference as part of the resolution.
B. The Amended Land Use Change Permit for an Amended Special Use Permit for the J .
Bruce and Ann Dee Snode Contractor's Yard i s hereby approved with the deletion of
Condition #10 from Resolution 2008-93 and subject to compliance with the following
conditions:
1. That all representations made by the Applicant in the application and as testimony in the
public hearing before the Board of County C ommissioners shall be conditions of
approval unless specifically altered by the Board of County Commissioners.
2. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial
Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended
and included here as follows:
a. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes.
b. Every use shall be so operated that the ground vibration inherently and recurrently
generated is not perceptible, without instrume nts, at any point of any boundary line
of the property on which the use is located.
c. Emissions of smoke and particulate matter: every use shall be operated so as to
comply with all Federal, State and Count y air quality laws, regulations and
standards.
d. Every use shall be so operated that it does not emit heat, glare , radiation or fume s
which substantially interfere with the existing use of adjoining property or which
constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals ,
reflective painting of storage tanks , or other such operations which may be required
by law as safety or air pollution control measures shall be exempted from this
provision .
e . Storage of flammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with the national , state and local fire
codes and written recommendations/comments from the appropriate local protection
district regarding compliance with the appropriate codes .
f. No materials or wastes shall be deposited upon a property in such form or manner
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that they may be transferred off the property by any reasonably foreseeable natural
causes or forces.
g. Any repair and maintenance act1v1ty requmng 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.
h. Loading and unloading of vehicles shall be conducted on private property and may
not be conducted on any public right-of-way.
1. Any storage area for uses not associated with natural resources shall not exceed ten
(I 0) acres in size.
J. Any lighting of the storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflectfon on adjacent property.
3. At no time shall the total number of vehicle storage associated with this Contractor's
Yard exceed five (5) tractor trailer semi trucks and seven (7) "Bobtail" trucks. All
vehicle storage shall occur within the identified 21,000 square foot storage area at all
times.
4. The total area to be used for vehicle storage shall not exceed 21,000 square feet and
shall occur within the area identified by the Appl icant in the Special Use Permit.
5. The Applicant shall obtain and abide by all access or driveway permits from the
Garfield County Road and Bridge Department.
-6. In order to control dust, the Applicant shall periodically treat the driveway and storage
area with an approved dust suppressant.
7. All vehicles associated with this Special Use Permit must be licensed and in compliance
with State and Federal requirements.
8. As neither a plan for handling water runoff from vehicle washing nor a demonstration of
adequate water rights have been submitted, no vehicle washing shall occur as a
permitted use associated with this Special Use Permit.
9. The Applicant shall submit an updated site plan to reflect the representations as made to
the Board of County Commissioners on July 21 , 2008. This site plan shall identify the
specified 21,000 square foot vehicle storage area to replace the previously represented
7,500 square foot vehicle area. This site plan shall also include all applicable elements
as identified under Section 4-203 D. Site Plan of the LUDC and submitted for review by
the Community Development Department prior to the issuance of an amended Special
Use Permit.
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~~ ~ J Dated this ____ day of __ 7_-~~-· ~~--:1--------' A.D. 20_l_r __
ATTEST: BOARD OF
GARFIELD
Upon motion duly made and seconded the foregoi ....,__~
following vote:
_C_O_MM~I~SS~l~O~NE~R~C=H~A_IR~JO~HN~_F_.M~A_R_T_IN~~~~~~~~'Aye
=CO=-=MM==IS=S=IO=N~E=R=-=-M=IK=E=-=SA~M~SO~N~~~~~~~~~~-'Aye
~CO~M~M=IS~S~IO~N~E=R~TO~M~J~A_N=K=O_V~SK~Y~~~~~~~~~-'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
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