HomeMy WebLinkAbout7.0 Resolution 2012-85■IIIA'�ry�YMiL�1i+�10'1111
Reception:: 824261
09/18/2012 12:57:56 PM Jean Alberico
of 7 Rec Fee:$v.00 Doc Fee:0.00 GARFIELD COUNTY CC
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 Administration Building
in Glenwood Springs on Tuesday the 4th day of September A..D. 2012, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Carey Gagnon , Acting County Attorney
Jean Alberico , Clerk of the Board
Andrew Gorgey , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. a a la " S
A RESOLUTION OF APPROVAL FOR A MAJOR IMPACT REVIEW - LAND USE
CHANGE PERMIT FOR A CONTRACTOR'S YARD AND ACCESSORY USES
INCLUDING GENERAL SERVICE ESTABLISHMENT, PROCESSING,
PROFESSIONAL OFFICE FOR THE CONDUCT OF A BUSINESS, RECYCLING
PROCESSING FACILITY, STORAGE OF MACHINERY, EQUIPMENT OR
PRODUCTS, ON A 35.72 ACRE PROPERTY OWNED BY BEDROCK RESOURCES
LLC, LOCATED OFF OF COUNTY ROAD 315 APPDXIMATELY 2.5 MILES EAST OF
THE CITY OF RIFLE IN SECTION 18, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF
THE 6m P.M., GARFIELD COUNTY
PARCEL NO# 2179-184-00-720
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for a Land Use Change Permit to allow for a contractor's yard and accessory uses
including general service establishment, processing, professional office for conduct of a
business, recycling processing facility, storage of machinery, equipment or products as further
described in Exhibit A, Site Plan.
B. The Project is located on a 35.72 acre parcel of land owned by Bedrock Resources
LLC. The ownership of this property is described in a warranty deed found at Reception
Number 802564 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 2.5 miles east of the City of Rifle.
D. The Contractor's Yard and Accessory Uses including general service establishment,
processing, professional office for the conduct of a business, recycling processing facility,
storage of machinery, equipment or products may be permitted in the Rural zone district with
Major Impact Review.
E. The Board is authorized to approve, deny or approve with conditions a Major Impact
Review application resulting in issuance of a Land Use Change Permit pursuant to the Unified
Land Use Resolution of 2008, as amended.
F. The Board of County Commissioners opened a public hearing on Tuesday, the 4th day
of September, 2012 for consideration of whether the proposed 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 closed the public hearing on the 4th day of
September, 2012 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 proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. 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 heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change Permit
for a Contractor's Yard and Accessory Uses related to the Bedrock Resources LLC Major
Impact Review Application, on 35.72 acres, off of County Road 315 and zoned Rural 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, as amended.
5. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Unified Land Use Resolution of 2008, as amended.
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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 reference as part of the resolution.
B. The Land Use Change Permit for a Contractor's Yard and Accessory Uses for Bedrock
Resources LLC is hereby approved subject to compliance with the following conditions:
1. That all representations made by the Applicant in the application, and at the public
hearing before the Board of County Commissioners shall be conditions of approval,
unless specifically altered by the Board of County Commissioners;
2. The operation of this facility and any future amendments shall be done in accordance
with all applicable Federal, State and Local regulations governing the operation of
this type of facility including but not limited to the FAA and Avigation Easement
approvals and notifications.
3. The Applicant shall maintain compliance with the provisions of the Unified Land Use
Resolution of 2008 including but not limited to 7-810, Standards for Industrial Uses
including the provision of additional screening of outdoor storage or demonstration of
effective screening through topography and berms.
4. The Applicant shall maintain existing security for revegetation until released by the
County Vegetation Manager upon acceptance of successful completion of the
revegetation requirement. Revegetation shall be completed during the next growing
season after completion of construction. The Applicant shall supplement the
revegetation and landscaping plans with details on irrigation and protection of trees
and shrubs from wildlife damage.
5. The Applicant shall implement the proposed weed management plan dealing with
Tamarisk and Russian Knapweed. Any noxious weeds on the berms that exist on the
boundary of the property adjacent to the organic farm shall be treated or removed in a
manner that has no negative effect on the organic farm.
6. The relocated access to the site shall be constructed in accordance with the
Applicant's submitted plans and access permit from the County Road and Bridge
Department.
7. Prior to operation of the facility the Applicant shall provide documentation of
issuance by the CDPHE of all required permitting including but not limited to air
quality - Air Pollutant Emission Notice (APEN) permits and spill prevention
permits/plans. Said permits shall include the proposed stockpiling and crushing
activities.
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8. The Individual Sewage Disposal Systems shall be required to meet Garfield County
Permitting and design requirements and engineered systems may be required based
on additional site specific soils evaluations. The Applicant shall properly abandon
the existing septic system location on the site per Garfield County Regulations.
9. The Applicant shall implement all storm water management improvements as
represented in the Application, obtain State Storm Water Management Permits, and
construct wetland mitigation if required by the Army Corp of Engineers. An updated
Nationwide Permit evaluation by the Army Corp of Engineers shall be provided. The
Applicant shall provide ongoing maintenance of detention ponds and wetlands areas.
10. Prior to construction of buildings on the site the Applicant shall file a water supply
construction permit with the Rifle Fire Protection District.
11. Engineered foundations, on-site observation of excavations, and compliance with the
recommendations of the H.P. Geotech Preliminary Geotechnical Engineering Study
and supplemental opinion letter dated 1/26/12, shall be required for all new
construction and grading activity on the site.
12. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide
utility easements for Holy Cross Energy's existing electrical service and any
relocation. The Applicant shall also document Holy Cross Energy's ability to serve
the proposed use.
13. Prior to issuance of the Land Use Change Permit the Applicant shall provide written
confirmation of an updated approval of the FAA Determination of No Hazard to Air
Navigation".
14. The Applicant shall comply with standards contained in the ULUR for uses in the
vicinity of Airports contained in Section 3405 and Section 7-704 including but not
limited to lighting, use of reflective materials, industrial emissions, electrical
interference, wetlands, utilities, structure height, and avigation easements. In
addition, lighting for the site should be the minimum amount necessary and should be
directed downward and inward toward the interior of the site
15. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. to facilitate compliance
with the State limits on noise. The Applicant shall provide a complete update of the
noise analysis for the new proposed use which analysis shall demonstrate compliance
with the State noise limits. Said analysis shall include the closest adjacent residential
property north of the site and the proposed crusher activity. The Applicant may
extend the hours of operation from 5:00 a.m. to 7:00 p.m. upon demonstration of
operating under the 50 db (A) noise level.
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6. Asphalt recycling shall be limited to stockpiling asphalt and crushing for future use as
road base type materials. No heating, refining, or similar processing of the material
shall be permitted. The Applicant shall provide additional documentation indicating
that the stockpiled materials will not produce harmful vapors, ground water impacts
or similar environmental concerns and will be in compliance with all CDPHE
standards and requirements. Supplemental dust mitigation for the stockpiled
materials and crushing shall be included in the dust mitigation plans. Crushing
activities shall be limited to colder temperatures outside the traditional outside
growing season (based on technical recommendations) and limited to not more than 4
weeks total per year. The maximum quantity of stock piled material shall be 12,000
cubic yards. Materials are to be crushed by a maximum of one crusher operating at
time. The stock piles shall be no higher than 20 ft. The Applicant shall provide
written notification to the adjacent organic farm no later than seven days in advance
of commencing any crushing activities.
17. The Applicant shall comply with the Colorado Parks and Wildlife and the Applicant's
Environmental Consultant ERO Resources Corporation recommendations for wildlife
mitigation including avoiding construction activity during critical winter months.
18. The Applicant shall further mitigate dust particulates by the application of
magnesium chloride to the drivable surfaces that are unpaved, at the conclusion of
construction.
19. The Applicant shall post a 4' x 8' sign with the Emergency Contact information,
consistent with past practice of the Board, excluding mining uses.
20. No asphalt batch plant shall be allowed on the subject property owned by Bedrock
LI,C.
Dated this 1I day of
ATTEST:
eiyr I� rn
erk of the Board
GARFIELD
COMMISSI
A.D. 20 1
TY BOARD OF
GARFIELD
Cha
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Reception#: 824261
09/18/2012 12.57.56 Pel Jean Alberico
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
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
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09/18/2012 12:57:56 PM Jean Alberico
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EXHIBIT "A"
SITE PLAN
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