HomeMy WebLinkAbout7.0 Resolution 2012-171111 IVNri 4nlik 11111
Reception#: 816008
03116/2012 10:45:52 AM Jean Alberico
1 of 5 Rea 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 27th day of February 2012, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Andrew Gorgey , County Attorney, Acting County Manager
Carey Gagnon , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2012- / %
A RESOLUTION CONCERNED WITH THE DENIAL OF A LAND USE CHANGE
PERMIT, FOR AN ASPHALT BATCH PLANT — PROCESSING AND RELATED
FACILITIES LOCATED APPROXIMATELY 2.5 MILES EAST OF THE CITY OF
RIFLE OFF OF COUNTY ROAD 315 ON PROPERTY OWNED BY BEDROCK
RESOURCES LLC, GARFIELD COUNTY
(FILE NO. MIPA-7030)
PARCEL NO. 2179-184-00-720
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application from Bedrock Resources LLC, (the "Applicant') Charles Ellsworth, Manager, for a
Land Use Change Permit for an Asphalt Batch Plant — Processing and Related Facilities, through
a Major Impact Review process.
B. The Applicant's property (the "Property") is 35.72 acres in size and is located
approximately 1/3 of a mile south of the Interstate 70 Mamm Creek Interchange, generally 2.5
miles east of the City of Rifle, off of County Road 315.
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Receptionf: 816008
03116!2012 10:45:52 AM Jean Alberico
2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
C. The Property is located within Section 18, T6S, R92W and further described in
Exhibit "A".
D. The Property is located within the Rural zone district and a Land Use Change
Permit for an Asphalt Batch Plant — Processing and related facilities requires approval through a
Major Impact Review Process by Garfield County.
E. The Board of County Commissioners is authorized to approve, approve with
conditions, or deny a Land Use Change Permit for An Asphalt Batch Plan — Processing and
related facilities pursuant to Sections 1-301 and 4-106 of the Garfield County Unified Land Use
Resolution of 2008, as amended ("ULUR").
F. The Garfield County Planning Commission opened a public hearing on January 11,
2012, upon the question of whether the Land Use Change Permit application should be approved,
approved with conditions, or denied, during which hearing the public and interested persons
were given the opportunity to express their opinions regarding the application.
G. The Garfield County Planning Commission closed the public hearing on January 11,
2012, and forwarded a recommendation of approval with conditions to the Board of County
Commissioners.
11. The Board of County Commissioners opened a public hearing on February 6, 2012,
upon the question of whether the Land Use Change Permit application should be approved,
approved with conditions, or denied, during which hearing the public and interested persons
were given the opportunity to express their opinions regarding the application. The Board of
County Commissioners continued the public hearing to February 21, 2012.
I. The Board of County Commissioners re -opened the continued public hearing on
February 21, 2012 and took additional testimony and public input on the Application. The Board
of County Commissioners closed the public hearing and the record on February 21, 2012, and
pursuant to the Section 4-103(G)(3)(k) of the ULUR, continued the matter to February 27, 2012
to deliberate and make a final decision.
J. The Board of County Commissioners 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. That the public hearing before Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and that all
interested parties were heard at those hearings.
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3. That the proposed Land Use Change Permit for an Asphalt Batch Plant —
Processing and related facilities is not in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield
County in that;
a. The Application does not comply with ULUR Section 7-103
Compatibility.
b. The Application does not comply with ULUR Section 7-201 (A) No
Adverse Affect to Agricultural Operations.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that based on the determination of facts set forth above, the Land Use Change
Permit, MIPA-7030, to allow an Asphalt Batch Plant — Processing and Related Facilities is
hereby denied.
Dated this 12th arch, A.D. 2012.
s s
ATTEST:
rvi
of the Board of County Commissioners
GARFIEL i TY BOARD OF
COUNT COMMISSIONERS,
GARFI DCO Y, COLORADO
Upon motion duly made and secon. the egoing Re fution was adopted .y the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
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Reception#: 816008
03/16/2012 10:46:52 RM Jean Rlberico
4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
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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Reception#: 81600B
03/16/2012 10:45:52 AM Jean Atberico
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EXHIBIT "A"
A tract of land being situated in Section 18, Township 6 South, Range 92 West of the 6th P.M. County of Garfield, State
of Colorado, said tract of land being described by metes and bounds as follows:
Beginning at a point from whence the Southeast corner of said Section 18 bears S.04°06'53"E. 1304.87 feet, said point
being an aluminum cap, PLS No. 31944 found in place; thence S.88°44'03"W. 1003.93 feet to a point on the
Northeasterly Right of Way of Garfield County Road No. 315; thence along said night of Way the fallowing five
courses: 1) thence 454.05 feet along the arc of a non -tangent curve to the right having a radius of 558.40 feet, a central
angle of 46°35'18" and sub -tending a chord which bears N.40°56'34"W. 441.64 feet; 2) thence 271.00 feet along the arc
of a curve to the left having a radius of 919.50 feet, a central angle of 16°53'12'1 and sub -tending a chord which bears
N.26°05'3 I "W. 270.02 feet; 3) thence N.34°32'06"W. 151.77 feet; 4) thence 465.64 feet along the arc of a curve to the
left having a radius of 799.92 feet, a central angle of 33°21'08" and sub -tending a chord which bears N.51°12'40"W.
459.09 feet; 5) thence 59.71 feet along the arc of a curve to the right having a radius of 783.33 feet, a central angle of
04°22'04" and sub -tending a chord which bears N.65°42'12"W. 59.70 feet; thence departing said Right of Way
N.81°24'12"E. 39.30 feet; thence N.75°59'58"E. 43.68 feet; thence N.54°42'50"E. I25.13 feet; thence N.41°58'31"E.
98.48 feet thence N.46°15'00"E. 56.32 feet; thence N.58°03'49"E. 148.75 feet; thence N.72°51'07"E. 70.62 feet; thence
N.89°30n19"E. 79.15 feet; thence S.68°53'03"E. 71.82 feet; thence S.68°38'29"E. 108.08 feet; thence S.80°S5121"E. 78.00
feet; thence N.74°39'03 "E. 73.66 feet; thence N.58°04'05"E. 135.69 feet; thence N.82°36132"E. 46.72 feet; thence
S.73°57'56"E. 84.78 feet; thence S.84°32'15"E. 133.17 feet; thence S.60°58'16"E. 75.18 feet; thence S.02°37'57"E.
120.69 feet; thence S.23°17'10"E. 121.36 feet; thence S.30°14'52"E. 141.82 feet•, thence S.35°47'40"E. 151.00 feet;
thence S.30°56'09"E. 126.67 feet; thence S.42°08'11"E. 92.15 feet; thence S.73°51'26"E. 99.23 feet; thence
N .64°09'45"E. 112.73 feet; thence N.55° 12'50"E. 55.b feet; thence S.00°43'33"E. 638.39 feet to the Point of Beginning.
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