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Home My WebLink About4.0 Resolution 2010-71COI Li IC I# I I IYVONi SIM Receptionp: 791797 09/22/2010 01:23:08 PPI Jean Rlberlco 1 of 6 Pee Fee:$0,00 Doc Fee:0.00 GRRFIELD 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, Tuesday, the 7th day of September A.D. 2010, there were present: John Martin Trtsi Houpt Mike Samson Carolyn Dahlgren Jean Alberico Ed Green (absent) Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010-71 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR "STORAGE: SUPPLIES, MACHINERY, EQUIPMENT OR PRODUCTS" ON A 8.6 - ACRE AREA WITHIN A 645 -ACRE PARCEL OWNED BY 5 -MILE RANCH, LLC LOCATED ON STATE HIGHWAY 6 SOUTHWEST OF THE TOWN OF PARACHUTE, APPROXIMATELY 2.5 MILES WEST OF THE INTERSECTION WITH CR 300, GARFIELD COUNTY PARCEL NO# 2447-064-00-057 Recitals A. The Board of County Commissioners of Garfield County, Colorado (the Board), received a request for a Land Use Change Permit to allow for the continued use of an 8.6 -acre storage yard originally approved through a Pipeline Development Permit. A condition of that permit required the storage yard to be reclaimed upon completion of construction of the pipeline. B. The Storage Facility is located within a 645 -acre parcel of land owned by 5 -Mile Ranch, LLC as described in a Special Warranty Deed recorded at Reception Number 260403 in the office of the Garfield County Clerk and Recorder. C. The subject property is contained within unincorporated Garfield County in the Rural Zone District southwest of the Town of Parachute on State Highway 6, approximately 2.5 -miles west of the intersection of CR 300. 1 is ■III PinifrURIV IVIC1VIk,Ni'i 51111 Reception#: 791797 09/22/2010 01:23;06 PM Jean Plber too 2 of 6 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. `Storage: Supplies, Machinery, Equipment or Products' requires a Land Use Change Permit through a Limited Impact Review in the Rural Zone District of Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board opened a public hearing on the 7th day of September, 2010 for consideration of whether the proposed Land Use Change Permit 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 closed the public hearing on the 7th day of September, 2010 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. 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 at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for an 8.6 -acre Storage Yard, as indicated in attached Exhibit A, is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION 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 Land Use Change Permit for `Storage: Supplies, Machinery, Equipment or Products' is hereby approved subject to compliance with the following conditions: 2 III tib'inninhaiNt 111 Reception#: 791797 09/22/2010 01:23:08 PM Jean nlberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1. That all representations made by the Applicant in the application and at the public hearing before the Board of County Commissioners, shall be conditions of approval unless specifically altered by the Board of County Commissioners. 2. The storage facility if for use by a single lessee within the 8.6 -acre area. 3. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 4. Industrial activities shall be required to comply with the following standards: A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. B. 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. C. All outdoor storage facilities for raw materials and products shall be screened by natural topography or enclosed by a fence or wall adequate to conceal such facilities from adjacent property. 1) All outside storage abutting or facing a lot in a residential or commercial zone shall be screened by natural topography or enclosed by a site - obscuring fence to obstruct the storage area from view. The fence shall be of material and design that will not detract from adjacent residences. D. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. E. The volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. F. 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. G. Every use shall be so operated that it does not emit heat, glare, radiation 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 3 111 VI MitrihAEMONliii 11111 ReceptionP: 791797 09/22/2010 01:23:08 PM Jean Rlberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO requirements for safety or air pollution control measures shall be exempted from this provision. 5. An amendment to the Land Use Change Permit for this Storage facility shall be required if a new or revised State Highway Access Permit would be required by CDOT. 6. No flammable or explosive solids or gases shall be stored at this facility. 7. No hazardous material or waste shall be stored at this facility. 8. No materials or wastes shall be deposited on the property in a form or manner that may be transferred off the property by any reasonably foreseeable natural cause or force. 9. All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road and Bridge Department. All vehicles applying for these permits shall have on file with Garfield County Road and Bridge Department a letter or e-mail stating said vehicles can obtain oversize/overweight permits under their road bond on file with Garfield County. Dated this cZOtt day of Ey' fa niha ATTEST: , A.D. 20 /O . COUNTY BOARD OF RS, GARFIELD RADO Upon motion duly made and seconded the fore following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER TRESI HOUPT COMMISSIONER MIKE SAMSON , Aye , Aye Aye 4 III MICIAlhlifIrffi I 111 Receptionti: 791797 09f22/2010 01:23:08 PM Jean Rlberico 5 of 6 Rec Fee:60.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )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. Di 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 5 1 - co 00 X w