HomeMy WebLinkAbout5.0 Resolution 2016-441111 Wl'.1~1 )'11~,~.HI~ t~~ ~\~1~'.~~~~\~r ~JU'i'J.~ti.\IM 11111
Re~eplion": 878934 0612812016 09 .53,39 Aft Jean Alberico 1 er 4 Rec Fee:$0 00 Doc FH: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 13th day of June A.O. 2016, there were present:
John Martin , Commissioner Chairman
Mike Samson . Commissioner
Tom J ankovsky . Commissioner
Tari Williams . County Attorney
Jan Shute . Assistant County Attorney
Jean Alberico . Clerk of the Board
Kevin Batchelder • County Manager
when the following proceedings. among others were had and done, to-wit:
RESOLUTION NO.da/O -.Y-i'
A RESOLUTION OF APPROVAL FOR A SUBSTANTIAL Al\U~NDMENT TO THE
CONDITIONS OF APPROVAL OF A MAJOR IMPACT REVIEW LAND USE
CHANGE PERMIT FOR THE POWER'S PIT CONCRETE BATCH PLANT
(RESOLUTION 2011-77) ON A S.85 ACRE PORTION OF A LARGER 35.308 ACRE
PROPERTY OWNED BY CRC, LLC AND LOCATED APPROXIMATELY 2 MILES
EAST OF THE TOWN OF CARBONDALE OF COUNTY ROAD 103 IN SECTION 26,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6fH P.M., GARFIELD COUNTY
(APPLICATION NUMBER MPAA-02 .. 16-8424)
PARCEL NO# 239326400007
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a request to modify Condition "h .. , hours of operation, of Resolution 2011-77 and associated Major
Impact Review Land Use Change Permit for a Concrete Batch Plant
B. The Concrete Batch Plant is located on an approximately 5.85 acres area within a larger
35 .308 acre property owned by CRC, LLC.
C. The subject property is located within unincorporated Garfield County in the Rural zone
district, approximately 2 miles east of the Town of Carbondale, Colorado accessed by County
Road 103.
D. Modifications to the conditions of approval of a previously approved Land Use Change
Permit may be reviewed as a Substantial Modification under the Garfield County Land Use and
Development Code, as amended.
E. The Board is authorized to approve, deny or approve with conditions a Substantial
Modification to a Land Use Change Permit application resulting in the issuance of an Amended
Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as
amended.
F. The Board of County Commissioners opened a public. hearing on the 23th day of June,
2016 for consideration of whether the proposed Substantial Modification should be granted or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request
G. The Board of County Commissioners closed the public hearing on the 13th day of June,
2016 to make a final decision.
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
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 Substantial Amendment
to Condition "h" in Resolution of Approval Number 2011-77 for a Land Use
Change Permit for the Powers Pit Concrete Batch Plant is in lhe best interest of
the health, safety. convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. That the application is in general conformance with the 2030 Comprehensive
Plan, as amended.
5. That the application has adequately met the requirements of the Garfield County
Land Use and Development Code, as amended .
6. That a Waiver from Section 7-lOOl{H), Hours of Operation, of the Land Use and
Development Code of 2013, as amended, is accepted .
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RESOLlITION
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 Amended Land Use Change Permit for the Power's Pit Concrete Batch Plant is
hereby approved subject to compliance w ith the following condi ti ons:
1. Condition "'h" in Resolution 2011-77 shall be amended to read:
The concrete batc/i plant shall be allowed to operate Monday through Satrtrday
from 7:00 a.m. to 7:00 p.m. while on-site administrative and/or maintenance
activities may operate Monday through Saturday 6:00 a.m. lo 8:00 p.1TL There shall
be 110 operations on Swiday except in the case of an emergency or for standard
maintenance purposes. Only during the operators contract period for the
construction of the Gra11d Avenue Bridge project in Glenwood Springs, which is
expected to occur between 2016 and 2018, shall the Concrete Barch Plant be
pennilled to operate 24 hours per day, 7 days per week. This temporary extension
of the hours of operation shall last no later than the end of the operator's contract
for the Grand Avenue Bridge project or December 31, 2019, whicliever occurs first.
In addition, the operator shall provide evidence to tire Community Development
Department once the contract for the Grand Avenue Bridge project lzas ended.
2. During the 24 hours per day, 7 days per week operational hours during the Grand
Avenue Bridge project, product (cement powder, fly ash, and aggregate) shall only
be delivered to the site pursuant to the hours of operation for the original approval,
specifically between 7 a.m. and 7 p.m. Monday through Saturday.
3. The Parcel Number identified on the Land Use Change Permit recorded at
Reception Number 835254 for "Continued Operation of a Concrete Batch Plant
known as the Power's Pit Concrete Batch Plant" shall be updated from 2393-234-
00-131 to 2393-264-00-007.
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Reception~: 878934
0612Bl20t6 09:53:39 Ari Jean Alberico 4 rf 4 R.c Fee :$0 00 Doc Fee :0 .00 GRRFIEU> COUNTY CO
Dated this d1t!:-day of_....,.~_.....__....., ..... ______ ,, A.O. 20__./"""""~--
A1TEST: BOARD OF
GARFIELD
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
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STATEOFCOLORADO )
)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.O. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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