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Home My WebLink About3.0 Resolution 2019-32■ifl EPA'YIViYRIN II liellieirma 1V1 1111 Reception#: 920620 05/22/2019 09:50:07 AM Jean Alberico 1 of 5 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 Administration Building, in Glenwood Springs, on Monday, the 6th day of May, 2019, there were present: John Martin Mike Samson Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , County Manager z County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 7,0t9 - 32 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN ADMINISTRATIVE LAND USE CHANGE PERMIT FOR A RETAIL GENERAL — STONE YARD ON AN APPROXIMATELY 1.25 ACRE PORTION OF A 35.308 ACRE PROPERTY OWNED BY CRC LLC LOCATED AT 87 COUNTY ROAD 103, CARBONDALE, CO 81623, IN SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2393-264-00-007 Recitals A. An application for a Retail, General — Stone Yard facility was submitted by CRC LLC on property located at 87 County Road 103, Carbondale, CO 81623 approximately 1.4 miles east of the Town of Carbondale (File No. GAPA-01-19-8704). The property is approximately 35.308 acres in size and the leased acreage is approximately 1.25 acres. Ownership of the property is described in an exemption plat filed for record at Reception No. 870370 in the office of the Garfield County Clerk and Recorder. B. The Property is located within unincorporated Garfield County in the Rural (R) Zone District approximately 1.4 miles east of the Town of Carbondale, accessed by County Road 103. 1 ■1111ed141 11AIVItHEtlwlillaihwifiNg 11111 Reception#: 920620 05/22/2019 09:50:07 RM Jean Rlberlco 2 of 5 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO C. A Retail, General -- Stone Yard may be permitted in the Rural (R) zone district with an Administrative Land Use Change Permit. D. The Application was referred to the Board of County Commissioners by the Director of the Community Development Department by a Technically Complete Letter dated March 22, 2019. The decision to refer the Application to the Board for a decision was in accordance with Section 4-103(B)(4)(b) and Section 4-112 of the Garfield County Land Use and Development Code, as amended. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit, pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board opened a public hearing on the 6th day of May, 2019 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 of County Commissioners closed the public hearing on the 6th day of May, 2019 to make a final decision. H. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, 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. 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 that meeting. 3. That for the above stated and other reasons the proposed Retail, General — Stone Yard application submitted by CRC LLC 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 waivers from Section 7-104 and 7-105, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 1111Ww#1417C��41�M��4� 'i�� E��+l�l� ��i��h 11111 Reception#: 920620 05/2212019 09:50:07 AN Jean Alberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 a Retail, General — Stone Yard Ranch is hereby approved subject to compliance with the following conditions: 1. All representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the Board of County Commissioners. 2. The operation of the Stone Yard shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility, including, but not limited to OSHA requirements. 3. The applicant shall be permitted to use handicap accessible portable toilets, arid/or a vault and haul system, for wastewater management on the site for a period of 3 -years from the date of the issuance of the Land Use Change Permit. a. Prior to the expiration of this 3 -year period, the applicant shall either provide an alternate long-term water and wastewater system including an OWTS, acceptable to the Community Development Department and obtain all required permits for the facility or the applicant shall discontinue the use. b. If permanent connections to sewer and water services are available before the expiration of the 3 -year period, the applicant shall be required to connect to those services at the time they are available. 4. The applicant shall be permitted to use a 5 -gallon tank for potable water on the site. Potable water shall be available at all times for the employees on the site and the public. 5. Prior to the operation of the facility, the applicant shall have required provisions for potable water and wastewater management in place, including a hand wash station. 6. Prior to the operation of the facility, the applicant shall have concrete barriers and fencing in place around the border of the facility. 7. The applicant shall obtain any Building Permits as required by Garfield County, including for the office, gazebo, and tool shed. The operation of the site does not require that those facilities are in place prior to operation, however, under no circumstances may a structure be built or installed without obtaining required Building Permits. 3 111111F011110,1JILliN 0411illitilai 11111 Reception$: 920820 05/22/2019 09:50:07 RM Jean Albert= 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 8. The applicant shall designate additional parking spaces for employee parking. 9. The drive aisles, access to the site, and parking areas shall have a durable all-weather surface made of materials that are suitable for the proposed uses. 10. Any lighting on the site shall be compliant with Land Use and Development Code standards. 11. If an irrigation ditch is later located on the property, in the area of the Stone Yard, the applicant shall maintain compliance with Section 7-201 (E) of the Land Use and Development Code of 2013, as amended. 12. The applicant shall comply with any Reclamation requirements for the gravel pit. 13. The applicant shall maintain receipts for the purchase/delivery of hauled water and provide the receipts to the local water commissioner upon request. Dated this off- day of rit tut 2019. ATTEST: GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD r erk of the Board COUNTY OLO '+' DO Chai 4 1111NIFJ IK' MU 1111 Reception#: 920620 05/22/2019 09:50.07 AM Jean llberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye_ , Aye_ , Nay_ 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. IN 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