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Home My WebLink About6.0 Resolution 2018-22Ill HhIifi ltl ltt' il{ri r#rlitHNl}HI$1ht[h{ | Il IRcceotton#: 906479 O$lo,dlzole 01:40:36 Plt Jren Albcrtoo1 of 7 Reo Fac:30.00 Doo FG.:0.00 GnBFIELD COUNTY CO STATE OF COLORADO County of Garfield At a regulax 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, thel6th day of April A.D. 2018, there were present: John Martin . Commissioner Chairman Mike Samson . Commissioner TomJankovskv , Commissioner Tari Williams , County Attorney Kellv Cave , Assistant County Attomey Jean Alberico (ahsent). Clerk of the Board Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to-wit: REsolurtoxxo.AOK -2A A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERlVilT TO INCLUDE AII APPROXIMATELY 1 ACRE CONTRACTORS YARD, SMALL, WITH II\TDOOR AND OUTDOOR STORAGE, ON A 3.99 ACRE PROPERTY OWIYED BY JAIVIES TUNSTEN, LOCATED APPROXIMATELY 4 MILES EAST OF THE TOWN oF CARBOIYDALE OFF COUNTY ROAD lfi), algp KNOWIT AS 3627 COUNTY ROAD 100, IN LOTS 3 AttD 4 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE E7 WEST OF TITE 6TII P.M., GARFIELD COI.'NTY PARCEL NO# 239 I -3 t 2-00-004 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a call-up hearing by an adjacent property owner, Lions Ridge Homeowners Associatioq to review the Directors Determination regarding an Administative Review Land Use Change Permit to allow a Contractors Yard, Small, as further described in Exhibit A, Site Plan. B. James Funsten submitted an application for a Contractors Yard, Small on his prcperty to the Community Development Deparfrnent that was Approved with Conditions by the Director on February 9, 2018. On February 14, 2018, Tom Smith on behalf of the Lions Ridge Homeowners Association submiffed a letter requesting a Call-up to the Board for reconsideration ofthe Directors Determination. On March 12,2018, the Board scheduled the public hearing to review the Directors ) )ss ) 1 il HLmft?,|4' rFltr Sllhll lHlil# JItt]l #l,h[ ll ll IReoeotlonfl: 906479g5lof,'l201a 01 : rlo:36 Pt't Jsah nlb.rico2 ol 7 Qac F6.:30.40 Doc Fee:0.08 GnRFIELD CoUNTY C0 Determination for April 2018 following a Board site visit to the subject property. The Board conducted a site visit to the subject property on April 5, 2018. On April 16, 2018, the Board heard the call-up request in a noticed public hearing. C. The subject property is located within unincorporated Garfield County in the Rural zone district, approximately 4 miles east of Carbondale, Colorado accessed offCounty Road 100. D. Contractors Yard, Small may be permitted in the Rural zone district with an Administrative Review Land Use Change Permit. The Directors Determination of Approval with Conditions was modified by the Board in a noticed public hearing on April 16, 2018. E. The Board is authorized to approve, deny or approve with conditions an Administrative Review Land Use Change Permit that has been called up to the Board. The application then will result in issuance of a 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 16ft day of April, 2018 for eonsideration 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 of County Commissioners closed the public hearing on the 16s day of April, 2018 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 complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at a the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Funsten Contractors Yard, Smgll is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and waiver of Standards for Contractors Yard, Small, Section 7- 1 001 (B) - Setbacks. Section 7- I 00 I (C) - Concealing and Screening, and Section lll tllrl'lill!# i,?l'llll,ilr,l I dll I rtltl{ll!{lll* Srl Il ll IReceptlon$: 906479g5l0gl2ol0 Ol:40:36 Pl,l Jcan filberico3 ot 7 n.a Fee:to.o0 ooc Fae:o.0o GnRFIELD COUNTY co 7-10O1(DX3) - Storing Setbacks, the application has adequately rnet the requirements of the Garfield County Land Use and Development Code, as ametded. RESOLUTION NOW THEREFORX, 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 a Contractors Yard, Small, on aproperty located at3627 County Road 100 and owned by James Funsten, is hereby approrJd suUiict to compliance with the following conditions: , zr. lArY - ^_.r{t] l. The Applicant shall obtain a driveway permit from Road and Bridge and construct any 7')*li'-t,,, required improvements prior to issuance of the Land Use Change fermit. [n addition, the ..,r,,1," L{'z[" Applicant shall install a stop sign at the driveway for velicles entering Cn tOO."1tY'd Demonstration that the driveway permit was issued, stop sign was installed, and all' required improvements have been completed shall be iubmitted to the Community Development Department prior to issuance of the Land Use Change Permit. General Conditions 2. All representations ofthe Applicant contained in the application including the site plan and overall dimensions of the contractor's yard shall be considered condiiions of approval unless specifically modified by the Director Decision. 3. That the operation of the contractor's yard shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type oi'facility including but not Iimited to, fuel and hazardous materiais storage. 4. All activity and structures associate with the Contractors Yard, with exception to the access road, shall be contained within the area identified on the Site plan and -be at least 50 t-eet laclt from all property lines. The required 50' setback shall only apply to the area identified in the site plan to be used as the Contractor's Yard. Standard io*ty setbacks for the underlying zone district shall apply to all other uses outside the Contractors yard area and not associated with the Contractors yard use. 5. All indoor storage areas, covered parking, and garages associated with the Contractors Yard use must comply with all applicable building codi requirements and be located within the area identified on the Site Plan for the Contractors Yard and be at least 50 feet back lll trht']I|fiqfif 'HL l]'th\I!ll{lrillltlli+lill I lllReeeptlon$: 908479 OSlOgl2Ole 0l:40:36 Plt Jean nlb€rlco4 of 7 R€c Fea:30.00 Doo Fea:0.00 GflRFfELD COUNTY C0 7. 8. from all property lines. 6. The access roads from CR 100 shall be maintained to the standards outlined in Section 7- r07. No employees or other personnel shall be stationed onsite. AU lighting shall be the minimum necessary and shall comply with SectionT-304 of the Land Use and Development Code including and shall down casted, shielded, and directed inward toward the interior of the site. The operator acknowledges that Garfield County has the following standards for Industrial Uses as described in Section 7-1001 and as outlined or otherwise modified below: a. Materials shall be stored on the property in a form or manner that will not be transferred offthe property by any reasonably foreseeable natural cause or force. b. All products shall be stored in compliance with all national, State, and local codes. c. Petroleum and hazardous products shall be stored in an impervious spill containment area(s). d. AII industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. Flammable or explosive solids or gases and other hazardous materials including wastes shall be stored according to the manufacturer's standards and shall comply with the national, State, and local fire codes and written recommendations from the appropriate local fire protection district. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25. 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. Any activity that will generate noise, odors, or glare beyond the property boundaries shall be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft waming signal, 9, e. ob' h. ffi Hl[htfi'tir ury[ntrrF* !I [,t[?uilrt{t}&Id It II IReception$: 906479gilAglz01,e 0l:40:36 Pl'l Je.n nlb.rico5 ol 7 Pec Fee:tO.gO ooc Fidriti.O0 GmFIELO C0UNTY C0 and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. 10. All uses associated with the Contractor's Yard, Small are dictated by this approval and the Garfreld County Land Use and Development Code of 2013, as amended. Upon issuance of the land Use Change Permit for a Contractor's Yard, Small, the prior recognized legal non-conforming status of the uses on the property as identified within the letter from Mark Bean, Director of Garfield County Building, Sanitation and Planning Department and dated November 25,1987, are hereby terminated. I l. Total daily vehicle roundtrips for the Contractor's Yard, Small shall be limited to 10. 12. The indoor storage area associated with the Contractor's Yard, Small shall be limited to 2400 square feet. Dated tUs 'J & - day of % , A.D. zo-l-Q- . Y BOARD OF GARFIELD of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTTN , Aye COMMISSIONER MIKE SAMSON _ , Aye COMMISSIONER TOM JANKOVSKY , Aye n4. :r'\Tj sE4ij &1'... .......''' rlll ]illLffillf,id i{ht Sl,thtfflltf lfiUltYllrr htrl Il ll I Reoaotlon$: 9e8479(,6lodl2gla 01 ;46:36 Pll Jean Rlberloo6 of 7 3ec F..rto.Oo Doo Fae:0.00 GaBFIELO CoUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I, . County Clerk and ex-officio Clerk of the Board ofCounty Commissioners, in and for the County and State aforesaid, do hereby certifu that the annexed and foregoing Resolution is truly copied from the Records ofthe proceeding of the Boardof county commissioners for said Garfield county, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of saidCounty, at Glenwood Springs, this _ day of . A.D. 20 county clerk and ex-offrcio clerk of the Board of county commissioners llt ilhilnEt ls,:fiil Bfi tltH !l!hl[ J thJ{l,ld, ] ll I Rcceotlon*: 906479 0/6lodlzolA 0l:40:36 Pl! Jcan Alberioo7 of 7 Rrc F..:30"00 Ooc Ferr0.00 oARFIELo CoUNTY C0 - l'ri "+. l:;ii I:i5 E EXHIBIT A SITE PLAN Iogt a,)oB.'-tin,oac I I I 'l Iri --I o ii. F ,.r,< 'i, u l1to .: -" ll2P l'.iI tll )L rlro: r.:c F t..ad -.1Ztfii :t, l t \,\ e.s. h fla 1iI d f,