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Home My WebLink About9.0 Resolution 2011-77■III in FYEd i,V41 401IWIERVI,I 11111 Reception#: 811974 12/14/2011 09:17:36 AM Jean Alberico 1 of 7 Rec 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 Courthouse, in Glenwood Springs on Monday, the 5th day of December, 2011, there were present: John Martin Mike Samson Tom Jankovsky Andrew Gorgey Carey Gagnon Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board of County Commissioners , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011- / A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, MIPA 6919, FOR THE CONTINUED OPERATION OF A CONCRETE BATCH PLANT KNOWN AS THE "POWER'S PIT CONCRETE BATCH PLANT" PARCEL NO. 2393-234-00-131 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from Crystal Ranch Corp, (the "Applicant') for a Land Use Change Permit for a substantial modification to an existing Special Use Permit operating pursuant to Resolution 1980-58. B. The subject property, depicted and described in Exhibit A, is located at the northwest corner of State Highway 82 and Crystal Spring Creek Road (County Road 103) and is approximately two miles northeast of Carbondale, Colorado with a property address of 013114 State Highway 82. C. The subject property is described in the application documents and located within the parcel described in the attached Exhibit A and incorporated by this reference. D. The subject property is located within the Rural zone district and a Land Use Change Permit for a substantial modification to an existing Special Use Permit requires approval through a Major Impact Review Process conducted by Garfield County. ■111 I' API 110 EN.1 VIII 11.11 11111 Reception#: 811974 12114!2011 09:17:36 AM Jean Alberico 2 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO E. The Board of County Commissioners is authorized to approve, approve with conditions, or deny a Land Use Change Permit for "a substantial change to a Special Use Permit" pursuant to Sections 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Garfield County Planning Commission opened a public hearing on September 28, 2011 upon the question of whether the Land Use Change Permit application for a substantial change to an existing Special Use Permit 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 September 28, 2011 and forwarded a recommendation of approval with conditions to o the Board of County Commissioners. H. The Board of County Commissioners opened a public hearing on the 5th day of December, 2011 upon the question of whether the Land Use Change Permit application for the substantial modification to an existing Special Use Permit 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. I. The Board of County Commissioners closed the public hearing on December 5, 2011 to make a final decision. J. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearings has made the following determinations of fact: 1. That the proper notice was provided as required for the hearings before the Board of County Commissioners; and 2. That the hearings 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 those meetings; and 3. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended; and 4. That the modification of the landscaping standards are an appropriate deviation as per Section 7-305A.7.a of the Unified Land Use Resolution of 2008, as amended, and that the modification to include the planting of 1 I/2 inch caliper trees is appropriate; and 1111 I '16I' ' i1411111r ' 1I 1119110i111411$11, Nilli 11 II Reception#: 811974 12/14/2011 09:17:36 RM Jean Alberico 3 of 7 Rec Fee:$0.00 Doo Fee:0,00 GARFIELD COUNTY CO 5. The proposed use is the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County so long the conditions of approval are met. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. That the proper notice was provided as required for the hearings before the Board of County Commissioners; and 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. 3. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended. 4. That the modification of the landscaping standards are an appropriate deviation as per Section 7-305A.7.a of the Unified Land Use Resolution of 2008, as amended, and that the modification to include the planting of 1 1/2 inch caliper trees is appropriate. 5. That the proposed use is the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County so long as the following conditions are met: a. That all representations made by the Applicant in the application, and at the public hearings before the Planning Commission and Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; b. That the operation of the facility be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; c. All new lighting associated with the property shall be directed inward and downward towards the interior of the property; d. Prior to the issuance of a Land Use Change Permit, the applicant shall resolve with County Road and Bridge and Colorado Department of Transportation outstanding issues with road improvements and access which include but are not limited to: i. Appropriate Signage. The applicant shall work with County Road and Bridge to determine the appropriate type and placement of signage including but not limited to stop signs, truck warning signs and speed 111!In17111M II,G4ti.110,I N' 410 '1,ii"lil'k 11111 Reception#: 811974 12/14/2011 09:17:36 RM Jean Rlberico 4 of 7 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO signs. ii. Relocation of Private Driveway. The Applicant shall work with County Road and Bridge to determine the appropriate location for the proposed private driveway access taking into account stacking distance and site distance. The applicant will provide a copy of an approved Driveway Access Permit to the Planning Department. iii. County Road 103 and State Highway 82 Improvements. The Applicant shall work with Colorado Department of Transportation and County Road and Bridge to determine the necessity of any additional road improvements, including but not limited to turn lanes, deceleration/acceleration lanes, and drainage improvements. A copy of an approved Colorado Department of Transportation access permit shall be provided to the Planning Department. iv. Improvements Agreement. The Applicant shall design, engineer, construct and provide adequate financial security for any work to be completed on County Road 103, in a form as required by the County and pursuant to the Garfield County Road and Right-of-way Regulations. e. The applicant shall deed to the County all portions of County Road 103 that fall upon or cross the Crystal Ranch Corp. property. f. All vehicles using County Road 103 to access the Crystal Ranch Corp Concrete Batch Plant shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. g. A11 trucks using the site access and/or County Road 103 shall not use engine Jake Brakes to decelerate. h. The concrete batch plant shall be allowed to operate Monday through Saturday 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. to 8:00 p.m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. i. All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103. j. The property owner and operator acknowledge that Garfield County has the following performance standards, and failure to comply with such standards could lead to revocation of the Land Use Change Permit: i. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping; ■111 10.1114 11111 Reception#: 811974 12/14/2017 09:17:36 AM Jean Alberico 5 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ii. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way; iii. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of Colorado Department of Public Health and Environment; iv. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property; and v. Every use shall be operated so that it does 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. Flaring of gases, aircraft warning signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. k. The applicant shall implement the revised landscaping plan in areas outside of those directly impacted by the continued operation of the concrete batch plant by April 30, 2013. The full extent of the landscaping plan shall be implemented upon the termination of the batch plant lease in 2028. 1. Prior to the issuance of a Land Use Change Permit an Emergency Preparedness Plan shall be submitted to the Planning Department and the Carbondale Rural Fire Protection District. m. Gravel for this concrete batch plant shall be hauled from Cerise Mine except for limited quantities of specialty products not available at this location which may be brought in from other sources. Contrary to any provision in the County's Unified Land Use Resolution in effect at the time of the request, the Director of Building and Planning or the Board of County Commissioners may consider any change to this condition of approval as either a "non -substantial change" or a "substantial change" depending upon the evidence of any changes to off-site impacts of the approved Land Use Change Permit, and the requested change will be reviewed accordingly. n. All conditions of approval will remain in full force as required in Resolution 1980-58 John G. Powers SUP) in addition to the conditions herein. 1111 in iff1,1frilWIVIA IN 11111 Reception#: 811974 12/14/2011 09:17:36 AM Jean Alberico 6 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this 12th day of December , 2011 ATTEST: n'l Cler/of the Board of County C GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD COLORADO Upon motion duly made and seconded foreg i ing Reso' was adopted/by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO ) )ss County of Garfield ) 1, , Aye , Aye , Aye , 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 12th day of December , 2011. County Clerk and ex -officio Clerk of the Board of County Commissioners VIIIrilThMil41,1 101141r114.9CWI114Mill•III Reception#: 811974 =mow 12114/2011 09:17:36 RM Jean R1ber,ioo 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 0 0 w w ------ ---- --- 4a 1- 9E0 N .E ...0 . wnRFnnh DEED REC..° nOVExBEA 2, ]00] . SCPRIS ENGINEERING - LLC