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HomeMy WebLinkAbout10.01 Resolution 90-032RECORDED AT \n L16- REC. 410563 STATE OF COLORADO County of Garfield )ss ) At a regular O'CLOCK P .r1. MAR 13 WO MILDRED ALSDORF, COUNTY CLERK GARFIELD COUNTY, COLORADO Bnox 774 Pp,cf X59 meeting of the Board of County Commissioners for Garfield Commissioners' Meeting Room at Glenwood Springs on the 12th there were present: Marian I. Smith County, Colorado, held at the the Garfield County Courthouse in day of March A.D.1990 , Arnold L. Mackley Elmer (Buckey) Arbaney Don DeFord Mildred Alsdorf Chuck Deschenes when the following proceedings, among to -wit: Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board County Administrator others were had and done, RESOLUTION NO. 90-032 A RESOLUTION CONCERNED WITH THE REISSUANCE OF SPECIAL USE PERMITS FOR ALBERT FREI AND SONS, INC. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Albert Frei and Sons, Inc., for the reissuance of Special Use permits for an asphalt batch plant, concrete batch plant, casting plant and castings storage area on the following described tract of land: A tract of land situated within part of the SW 1/4 NE 1/4, SE 1/4 NE 1/4, NE 1/4 SW 1/4, SE 1/4 SW 1/4, NE 1/4 SE 1/4 of the NW 1/4 SE 1/4, Section 11, Township 6 South, Range 92 West of the 6th Principal Meridian; and WHEREAS, Resolution No. 83-126, Condition of Approval #9, stated "that the permit shall be reviewed annually for compliance with the permit's condition of approval not to exceed 5 years, at which time it will be reconsidered for reissuance based on its operation record"; and WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 20th day of February, 1990, upon the question of whether the above described special use permits should be reissued or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the reissuance of said special use permits; and WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That application has been filed in accordance with with Section 5.03 of the. Garfield County Zoning Resolution of 1978, as amended; 2 Proper public notice was provided as required by Section 9.03.04 of the Garfield County Zoning Resolution of 1978, as amended; 3. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that certain hereinafter contained conditions be complied with; an 7;'4 F GE36O 4. That for the above stated and other reasons, the proposed special uses are consistent with the best interests of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the Special Use permits be and hereby are authorized permitting the use of the above described tract of land for the operation of a concrete batch plant, asphalt batch plant, casting plant and casting storage area, upon the following specific conditions: 1. All proposals of the applicant shall be considered conditions of approval, unless otherwise expressly stated below. 2. All trucks originating out of the applicant's pit shall observe the weight limits required by law. 3. That prior to issuanceof the subject special use permits, the applicant shall obtain and submit to the Garfield County Planning Department, copies of its permits from all other governmental entities with the exception being that the Section 404 of the Clean Water Act permit may be submitted subsequent to the reissuance of the special use permits, if the required information is submitted to the Corps of Engineers office in Grand Junction, prior to reissuance. The 404 permit shall be submitted within six (6) months of reissuance or an extension be approved by the Board of County Commissioners based on a written statement from the Corps of Engineers. 4. That hauling shall be limited on County Road 311 to the section between the applicant's site and the Silt Bridge for access to the I-70 corridor and/or any site not located south of the Colorado River between Rifle and New Castle. 5. The following days and hours of operation: a. Asphalt batch plant operation from 6:00 A.M. to 6:00 P.M., Monday through Friday; b. Concrete batch plant and concrete casting plant may operate at any hour, Monday through Saturday; c. The hauling by truck of any product at any hour, Monday through Saturday, provided the dust is controlled; d. All sand and gravel mining, crushing and other operations, not noted previously, shall be limited to 6:00 A.M. to 6:00 P.M., Monday through Saturday; e. That the applicant will continue revegetation efforts on the north side of the Colorado River and complete that effort as soon as possible which would include the removal of asphalt and concrete remnants unless it can be demonstrated that material cannot be removed due to State Highway Department denial. 6. Within three (3) months of reissuance of these permits, the applicant will post a bond for road maintenance as deemed appropriate by the Board and the County Road Supervisor, unless the applicant and Board of County Commissioners reach a mutually acceptable alternative that would protect the road. 7. That upon a verified allegation of a violation of this Resolution received from the appropriate person or agency, the Board shall investigate compliance with conditions of approval, as provided for in Section 9.01.06 of the Garfield County zoning Resolution of 1978, as amended. BOOK 774 PdcE36j 8. That the applicant shall be held liable for compliance with the above conditions and any State or Federal regulations for any operation on the property. 9. That all propane tanks, and any other non -extractive related equipment be removed prior to reissuance of any permits. Dated this 12thday of March , A.D. 1990. THE BOARD OF COUNTY COMMi:SSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: By Chairman C =rk to the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian a. $mith Aye Arnold L. Macklev Aye Elmer (B,l.ickev) Arbanev :Aye STATE OF COLORADO ) County of Garfield ) I, , County Clerk and ex -officio Clerk to 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 Proceedings 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.