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HomeMy WebLinkAbout4.0 Resolution 2017-19llll trr.,Hlllll Hll !ft Lll J ltrtrHilF,{'llflll,l},ll* Il ll IRaceDttonB:89172804t2ft2o17 ot:46:34 ptl J€an Albericot o, 6 Rec Fe6:t0.00 Doo Feero.oo GnRFIELD CO!.INTY CO STATEOFCOLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garheld County, Colorado, held in the Commissioners'Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 10th day of April A.D.z}l7,there were present: John Martin . Commissioner Chairman Mike Samson . Commissioner Tom Jankovskv . Commissioner Tari Williams . County Attorney Kellv Cave Jean Alberico , Assistant County Attorney , Clerk of the Board (Absent) Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to-wit: REsoLUrroN No. A/9 / /- / V A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO INCLUDE ABULK SALES OF PROPANE FACTLTTY (LrpA-11-16-8498), ON A 11.056 ACRE PROPERTYOW]YED BY ASPEN EQT'ITY GROUP, LLC, LOCATED AT 82 COI]NTY ROAD 113 NORTH OF'THE TOWN OF CARBONDALE IN SECTION 7 AND SECTION 18, TOWNSIilp 7 SOUTH, RANGE 88 WEST OF TIrE 6rrr PRINCIPAL MERIDIAN, GARFIELD COI]NTY PARCEL NO# 2i9307400i57 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 Bulk Sales of Propane facility, as further described in Exhibit A, Site Plan. B. The Bulk Sales of Propane facility, operated by the Roaring Fork Valley Cooperative Association (Co-op), is located on an approximately 9,000 square foot lease area of the I 1.056 acre parcel of land owned by Aspen Equity Group, LLC. C. The subject property is located within unincorporated Garfield County in the Commercial Limited zone district and approximalely 4 miles northwest of the Town of Carbondale, Colorado accessed by a private access driveway and County Road 1 13. b fil Hrrf I[Pfl lt+tfi'[ lIr* t$ltllUtVH hlt &,1 tl ll I Receotion$: 69172804127'l2ol7 Ol:46:34 Pl'l Jqao Alb.rieo2 ot 6 n6c FE.:30.00 Doq F€6:O.Oo G-iRFIELD CoUNTY CO D' A Bulk Sales of Propane facility may be permitted in the Commercial Limited zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited tmpact application resulting in issuance of a Land Use Change Permit pursuant to the Garfietd County Land Use and Development Code of 2013, as amended. F. The Board opened a public hearing on the 106 day ofApril, 2Ol7 for consideration of whether the proposed Land Use Change Perrnit should be granted or denied, during which hearing the public and interested persons were given the opporhrnity to express their opinions regarding the request. G. The Board closed the public hearing on the 10m day of April, 2017 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: L 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 completg 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 Land Use Change Permit applied for by Aspen Equity Group, LLC is in the best interest of the health, safety, convenience, order, prosperity and welfare ofthe citizens of Garfieid County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprchensive PIan, as amended. 5. That with the adoption ofthe Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. f il It[Jf ,'Ur llfl ltfl,ttill llr lrl /,ll [t I lll\illfi t' il t{'i Il ll I Receotlon[: E91728 i'-4r??'6'H:: Pi't86?3rtB..'F3!,tlEa"atn'r,.'-o co,NTy co RESOLUTION NOW TIIEREX'ORE' BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, tbat: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Pennit for a Bulk Sales of Propane facility is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance of Permit l. The Applicant shall obtain a driveway access permit from Garfield County Road and Bridge and make all necessary improvements prior to issuance of the Land Use Change Permit. Demonstration that the Driveway Perrnit has been obtained and improvements have been completed shall be provided to the Community Development Departrnent. Other Conditions 2. T\at all representations made by the Applicant in the application shall be conditions ofapproval, unless specifically altered by the Board ofCounty Commissioners. 3. That the operation of the Aspen Equity Group, LLC @oaring Fork Co-op - Bulk Sales ofPropane) shall be done in accordance with alt applicable Federal, State, and local regulations governing the operation ofthis type of facility. 4. The Applicant shall control fugitive dust during the construction and operation ofthe site. 5. The facility shall maintain compliance with Section 7-306 Lighting, as outlined: A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or ananged in a manner so that concentrated rays of light will not shine directly onto other properties. Illl liltrIlillfl !lll,!$,lq# Idlllilrlllti M+ hl,[ h+ ll ll IReceptlonH: Egl728 0412712017 0|r45:34 Pri Jcan ntb€rlco4 ot 5 Reo Fe6:$0.00 0oo Fs6:0.00 GARFIELD COUNTY co C. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confirsed or construed as traffrc conhol devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light intensity, brightness, or color, shall be prohibited in all zone disticts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be perrnitted except for temporary holiday displays or as required by local, State or Federal regulations. 6. The Applicant shall control all noxious weeds during construction and operation ofthe site. 7. Tlle- tanks shall be installed in accordance with the recommendations made by the submitted H-P Kumar Geotechnical Study dated November 4,2016. 8. Operation ofthe site as proposed is pennitted 24 hours per day, 7 days per week. 9. A 50 foot buffer surrounding dl tanks shall be clear of all potentially combustible nahral or manmade materials. 10. The facility shall be contained within the approximately 120 ft. by 80 ft. lease area and located within the subject parcel as represented on the site plan. I l. Access to the facility from the County road shall be limited to the access location represented on the site plan. 12. The bulk propane tanks are limited to two 30,000 gallon tanks located as represented on the site plau. I 3. The facility shall not be open to the public. Only employees of the Roaring Fork Valley Co-op, or the current operator and./or manager of the facility, shall havc access to the facility. ll ll ilrtrllltr H'$fl_[ l+]r lllrl I / ffi,tll], t $|fi t l. iill,ffi Il I I IReceDtlonB: 891?28 g" l?' L'PIZ Pl;1to"3o'Bo.'F31, 8lB6.dEErre., couNry co ATTEST:BOARD OF GARFIELD the Board Upon motion duly made and seconded the foregoing Resolution-was adopted by the following vote: COMMISSIONER CIIAIRJOHN F. MARTIN . AyeCOMMISSIONERMIKESAMSON .AyeCOMMISSIONERTOMJANKOVSKY .Aye STATEOFCOLORADO ) )ss County of Garheld ) I,County Clerk and ex-officio Clerk ofthe Board of ,^t Dated this l'l- day of A, I , ^.D. zo-!7-. County, at Glenwood Springs, this _ day of County Commissioners, in and for the County and State aforesaid, do hereby certi$ that the annexed and foregoing Resolution is truly copied from the Records ofthe Proceeding ofthe 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 A.D.20_. Corurty Clerk and ex-officio Clerk of the Board of County Commissioners .Yi sper ! . l'.......r'i .gtiio9 ittt llltrrmn n H(hlllrlhlrH#l/i''lffi r,h'Jrt+t rl tll Reception$:891728 6412712017 @1:46,34 PItl J..n Alborloo6 ol 6 Rec F..:3O.00 Doc F.6:0.00 GARFIELD C0UNTY C0 EXHIBITA SITEPLAN