The URL can be used to link to this page

Home My WebLink About31. Resolution 2013-20■III II" ♦IvIY mitioilmikarei:IEN 5111 Recept i onii : 832583 03!14/2013 08.49:41 PM Jean Alberico 1 of 6 Rec Fee:$0.00 Doe 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 Administration Building in Glenwood Springs on Monday, the l 1 th of February A.D. 2013, there were present: John Martin Mike Samson Tom Jankovsky Andrew Gorgey Frank Hutfless Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , County Manager , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. aD 13 -JO A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A CONTRACTOR'S YARD ON A 37.7 ACRE PROPERTY OWNED BY NATHAN AND BECKY SCHAEFFER AT 2456 COUNTY ROAD 301 IN SECTION 9, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2407-091-00-086 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 as further described in the Site Plan, Exhibit A. B. The Contractor's Yard is located within a 37.7 acre parcel of land owned by Nathan and Becky Schaeffer. The ownership of this property is described in a Warranty Deed found at Reception Number 778938 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Rural zone district, at 2456 County Road 301 and approximately 2.0 miles east of the Town of Parachute, Colorado. D. A Contractor's Yard 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 1 1111 Iiia PVII Y14Ji WIN i 11/1 41C1+fi'1 .1 Ilii 11 II I Reception#: 832583 03114/2013 OB:49:41 AM Jean Alberico 2 of 6 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO 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 the 11th day of February, 2013 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 1 lth day of February, 2013 to make a final decision. 1. 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 hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at those meetings. 3. That for the above stated and other reasons the proposed Land Use Change Permit for a Contractor's Yard 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 Unified Land Use Resolution of 2008, as the same had been amended at the time the application was deemed by the Building and Planning Department to be technically complete. 6. The following waiver requests have satisfied the review criteria in Article 7 and are hereby granted: a. 4 -hour pump test is in conformance with the purpose of Section 7-104 (B)(2)(a). b. Eliminating the testing for asbestos and radiation is in conformance with the purpose of Section 7-104 (B)(2)(d). 2 ■111! "ii.IUi 'i,MAIVA'I!VIV1' 'IwiMi'IiaiMni 11!11 Reception#: 832583 03/14(2013 08:49:41 AM Jean Alberico 3 of 6 Rec Fee:$0.60 Doc Fee:0,00 GQRFIELD COUNTY CO 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 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 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. Volume and sound generated shall comply with the standards set forth in the Colorado Revised State Statute 25-12-103. 5. Volume and sound generated shall comply with the standards set forth in the Colorado Revised State Statute 25-12-103. 6. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit the following information to the Building and Planning Department: a. A map identifying the locations of diffused knapweed on the subject property and a Weed Management Plan developed by a qualified professional. If no diffused knapweed is found on-site then a letter from a qualified professional stating that this weed is not present, shall be submitted. b. A "Can and Will Serve" letter from Holy Cross Energy to supply electricity to the site. 7. Prior to the issuance of a Land Use Change Permit, the Applicant shall: a. Reclaim the 35 foot wide area west and adjacent to the Helwitt and Milburn Ditch and once completed, schedule a site visit with County staff to verify that this reclamation has occurred. 3 • ffril`m1alle.wok I 'tib' av,iiil ,llli 511 Reeep t i on## : 832583 03/14/2013 08149:41 AM Jean Alberico 4 of 6 Rec Fee:$0.00 Doc Fee.O.00 GARFIELD COUNTY CO b. Obtain a Driveway Permit from the County Road and Bridge Department. c. Upgrade the entrance to the property to comply with Garfield County driveway standards by: • Re -grading the driveway to remove the hump adjacent to the existing apron; • Installing a new asphalt or concrete apron (v -pan highly recommended) to match the width of the existing corrugated metal pipe and a minimum 10 feet in length; • Installing 3/4" thick layer of compacted road base the width of the driveway and a minimum of 20 feet back from the driveway's apron; and, • Installing an apron so that no surface water or run-off from the site or driveway flows onto County Road 301. 8. The Applicant shall adhere to the following: a. Prior to employees working on-site, the Applicant shall install a potable drinking water system with a water filter that addresses turbidity. b. No employees, other than the property owner/Applicant shall work at the Contractor's Yard until such time as an Individual Septic Disposal System (ISDS) is provided; however, pickup and delivery of materials to and from the site are permitted. 9. To assist in the protection of the water quality of the Helwitt and Milburn Ditch, the Applicant shall use the eastern storage yard for "dry" storage only. 10. All lighting associated with the property shall be directed inward and downward towards the interior of the property. Dated this (1 day of r ► l Cti►' , A.D. 20 f 3 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIO► ' S, GARFIELD UNT 1 rk of the Board Chairm DO 4 1111 IMyI'Mr+llM 'iI IiIrlY01141CRILiritilliii 11111 Reception#: 832583 03/14/2013 08:49:41 AM Jean Alberico 5 of 6 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO 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 1, , 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, 1 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 5 111 ma'am Reception#: 832583 03/14/2013 08:49.41 AM Jean Alberico 6 of 6 Rec Fee:$0 00 Doc Fee 0.00 GARFIELD COUNTY CO EXHIBIT A — Site Plan 6