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Home My WebLink About6.0 Resolution 2013-06.pdfno irk PJ"rli iIi 11111 Reception #: 829910 01/1412013 01.58:18 PM Jean Alberico 1 of- -O 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 Tuesday, the 11t day of December A.D. 2012, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Frank Hutfless Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 /3- 06 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A SOLID WASTE TRANSFER FACILITY AND A RECYCLING PROCESSING FACILITY ON A 35.3 ACRE PROPERTY OWNED BY IRMW II LLC, LOCATED AT 1058 COUNTY ROAD 100, IN SECTIONS 35 AND 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST AND SECTIONS 1 AND 2, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL #2393 - 363 -00 -063 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 Solid Waste Transfer Facility and a Recycling Processing Facility as further described in Exhibit A, SITE PLAN ( "Facility "). B. The Facility is located within a 35.3 acre parcel of land owned by IRMW II LLC. The ownership of this property is described in a Warranty Deed found at Reception Number 819166 in the records of the Garfield County Clerk and Recorder. The application was filed in conjunction with the Facility operator, Mountain Roll -Offs Inc. ( "MRI "). C. The subject property is located within unincorporated Garfield County in the Industrial (I) Zone District, at 1058 County Road 100, Carbondale, CO 81623, approximately 1 mile east of the Town of Carbondale. 1 VIII 1POJ' IV.14h14160WWICIiiili k 1I III Reception*1: 829910 01/14/2013 01:58:18 PM Jean Rlberico 2 of 9 Rec Fee•$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. The application was deemed to be "technically complete" by the Building and Planning Department on July 27, 2012, thus the Garfield County Unified Land Use Resolution of 2008, as amended prior to August 13, 2012 ( "ULUR "), applied to this application. E. "Solid Waste Transfer Facility" and "Recycling Processing Facility" are land uses which may be permitted in the Industrial Zone District with a Limited Impact review. F. The Board is authorized to approve, approve with conditions, or deny a Limited Impact application. Approval or approval with conditions may result in issuance of a Land Use Change Permit pursuant to the ULUR. G. On September 10, 2012 the Board conducted a site visit to the IRMW II parcel. H. The Board opened a public hearing on September 17, 2012, to consider whether the proposed Land Use Change Permit should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Board continued the public hearing to November 19, 2012, for the purpose of receiving additional information. I. The Board re- opened the continued public hearing on November 19, 2012, and took additional testimony and public input on the Application. The Board continued the public hearing to December 11, 2012, for the purpose of reviewing additional technical information. J. The Board again re- opened the continued public hearing on December 11, 2012, and took additional testimony and public input on the Application. The Board closed the public comment and evidentiary portions of the hearing on the 1 1th day of December, 2012 to deliberate and make a final decision. K. 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. 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 hearing. 3. That for the above stated and other reasons the proposed Land Use Change Permit, Limited Impact Review for a Solid Waste Transfer Facility and Recycling Processing Facility submitted by IRMW II and located at 1058 County Road 100 is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 2 ■III Iii Pnivii ANA Rol • III Reception #: 829910 01/14/2013 01:58:18 PM Jean Rlberlco 3 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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, the application has adequately met the requirements of the ULUR. 6. That the proposed use is located in the Industrial Zone District and that with the adoption of conditions is found to be compatible with surrounding uses in accordance with ULUR Section 7 -103. 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 Solid Waste Transfer Facility and Recycling Processing Facility requested by property owner IRMW II LLC, and operator MRI is hereby approved subject to compliance with the following conditions: 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 operation of this facility and any future amendments 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, permitting and review by the Colorado Department of Public Health and Environment ( "CDPHE "). 3. The Applicant shall maintain compliance with the provisions of the Unified Land Use Resolution of 2008 including but not limited to 7 -810, Standards for Industrial Uses including the screening of outdoor storage or demonstration of effective screening through topography and berms. 4. Prior to operation of the facility, the Applicant shall provide a weed inventory of the site and a weed management plan. The plan shall be reviewed and approved by the County's Vegetation Manager. 5. Heavy truck haul routes shall be limited to County Road 100, east of the facility, and access directly to Highway 82 in accordance with the County Road and Bridge referral comments. 3 no In PJ' it SInI' M,miari 1 ialtim 11111 Reception #: 829910 0111412013 01:58:18 PM Jean Rlherico 4 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO a. In order to mitigate the health, safety and welfare impacts posed by heavy trucks on the Catherine's Store County Road 100 Bridge, Applicant shall contribute 35% of $504,680 towards the realignment of the Bridge. This amount represents Applicant's proportional share of increased impact generated by Applicant's use in light of the Preliminary Engineer's Opinion of Probable Costs for widening the Bridge. Should the actual total project costs be less than $504,680, Applicant's contribution shall be 35% of the actual costs. This amount shall be paid at the time the County begins construction of improvements to the Bridge. b. Improvements at the existing access shall be required in accordance with the County Road and Bridge review reflected in their 8/30/12 referral comments including turning and acceleration lanes. c. An updated access permit from Road and Bridge shall be required and the final access plan shall be subject to RFTA approval regarding trail improvements and safety. Access approvals shall be finalized prior to issuance of the Land Use Change Permit. d. The Applicant shall be limited to a maximum of 5 heavy truck round trips per day, averaged on a weekly basis, until the Catherine Store Bridge is repaired or replaced. 6. The Applicant's Facility will only be open to MRI and MRI's subcontractors, and shall not be open to the public. 7. Prior to operation of the facility the Applicant shall provide documentation of compliance with all CDPHE Air Quality and Water Quality Regulations including Storm Water Management, Industrial Stormwater Discharge Permits, and Air Pollutant Emissions Notices (APEN) as may be required. Compliance shall include proper spill prevention and protection for all storage including waste water storage and fuel storage. 8. The Individual Sewage Disposal Systems shall be evaluated by the Garfield County Building and Planning Department and any upgrades or improvements required shall be installed prior to operation of the facility. 9. Prior to operation of the facility the Applicant's Fire Protection Plan shall be reviewed and approved by the Carbondale Fire Protection District and the Garfield County Building Department. In addition, engineered plans for the installation of the fire protection tanks on the upper slope/bench shall be provided for review and approval by the county including outside consulting engineers as necessary. The main operations building shall be equipped with a fire suppression sprinkling system as required by the Building Code and subject to approval by the Garfield County 4 1111 Ira p:rmireimni pri. ' wokyierviel.wi IN 1111 Reception #: 829910 01/14/2013 01:58:18 PM Jean Rlberico 5 of 9 Rec Fee.$0.00 Doc Fee :0.00 GARFIELD COUNTY CO Building Department and Carbondale Fire Protection District. Plans shall provide adequate water storage for operation of the system including minimum water levels to be maintained and monitored in the fire suppression storage tanks at all times. 10. All improvements or modifications to existing buildings on the site shall be subject to obtaining all required Building Permits and compliance with all building code requirements. The Building permit review shall include additional engineering evaluation of the potential for building protection from rock fall and hyper - concentrated debris mud flows. All grading activity on the site shall require grading permits and revegetation in accordance with County Regulations. 11. Prior to the issuance of the Land Use Change Permit, the Applicant shall demonstrate that all utility relocations have been approved by Holy Cross Electric and any easements required for said relocations have been shall established and properly recorded. 12. Within 30 days of adoption of a Resolution of Approval and in any case prior to the issuance of the Land Use Change Permit the Applicant shall remove all non- compliant uses from the property or obtain appropriate building permits. The Applicant shall also demonstrate that the current uses including storage and servicing of portable toilets and the small scale recycling operation are currently in compliance with the County codes (ULUR) or will be permitted under the proposed Land Use Change Permits. 13. Hours of operation for the recycling processing equipment and operation of the solid waste transfer floor (i.e. emptying of trucks and loading of haul vehicles) shall be limited to 6:00 a.m. to 7:00 p.m. Monday through Saturday. Other maintenance operations may occur within the main operations building outside of those hours and days but shall be subject to compliance with State and County regulations on noise limits. Startup or idling of trucks prior to 6:00 a.m. or after 7:00 p.m. shall be limited to a total of 5 trucks at any one time. Other industrial activities on the site shall comply with operation and noise limits contained in the ULUR. 14. The site plan shall be updated with additional details on the location of the fueling operation and outside recycling storage areas. In addition the propane use proposed to remain on site needs to document that it is in compliance with all applicable State and Federal Regulations. Referral comments from the Carbondale Fire Protection District on the propane operation shall also be required. 15. The Applicant shall comply with the wildlife impact mitigation recommendations provided by the Applicant's Environmental Consultant ERO Resources Corporation. 16. The Applicant shall expand dust mitigation plans for the site with additional details on timing for application of magnesium chloride to the drivable surfaces. Dust 5 1111 1 1'1 C014410 I4'14I ?I+ '4iliMi 11111 Reception #: 829910 01114/2013 01:59 19 PM Jean Rlberico 6 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO mitigation for areas of the site that have not been re- vegetated from previous grading activities shall also be provided. Re- vegetation and stabilization is a preferred option and shall be coordinated with the County Vegetation Manager. 17. The Facilities shall be limited to the areas of the site (dimensions) and capacities indicated in the submittals. Any expansion beyond the Application representations shall require submittal of an appropriate Land Use Change application for review by the County. The facility shall be limited to the traffic generation estimates contained in the Traffic Report and including an opening day estimate of 5 heavy truck waste transport round trips per day and a maximum of 10 such round trips at full capacity. Limitation on truck trips shall be averaged on a weekly basis. 18. The Applicant shall post a 4' x 8' sign with the Emergency Contact information, consistent with past practice of the Board, on the site to facilitate public communication should compliance issues occur. 19. Prior to issuance of the Land Use Change Permit, the Applicant shall demonstrate to the County that they have obtained all required permitting from the CDPHE for a Solid Waste Transfer Facility and Recycling Processing Facility. Further the Applicant shall demonstrate compliance with any conditions contained within said permits. The Applicant shall provide the County with copies of any notices of any violations, or remedial actions required by the CDPHE. The Applicant shall make the facility available for inspection upon request of the Garfield County Zoning Enforcement Officer. 20. The site shall be fenced and securely gated consistent with CDPHE standards and recommendations for site protection and control. 21. Prior to issuance of the Land Use Change Permit, the Applicant shall provide additional Application materials and documents, including updated operations plans, to demonstrate compliance with all CDPHE comments contained in the November 8, 2012, Detailed Review Letter from John O'Rourke, Solid Waste and Material Management Program. Written confirmation of compliance from the CDPHE shall be required. 22. Prior to the issuance of the Land Use Permit, the Applicant shall update the drainage plan for the site to include the following: a. Engineered drainage plans for the facility entrance to ensure that drainage does not impact the County Road. b. Engineered drainage plans for the drainage detention and outfall east of the main building to ensure that it does not result in discharge of sediment or debris off -site. 6 11111 A 11 CIf iffiIln1ifiVli X1+0,10 11 11 1 Reception #. 829910 01/1412013 01:58:18 PM Jean aiberico 7 of 9 Rec Fee$0.00 Doc Fee:0.00 GARFIELD COUNTY CO c. A plan for improving the current condition of drainage facilities to acceptable operational conditions including cleanup, stabilizing slopes, re- vegetation and weed removal, and locating and cleaning out culverts. d. Update the Operations Plan to include a Iong term maintenance plan to ensure that the drainage facilities will be maintained and operated as designed. Said plan shall document IRMW II's right to access and maintain the drainage across IRMW I property. this I 23. Representations contained in the Application and Operation Plan shall be conditions of approval including, but not Iimited to, representations regarding all dumping and transfer of trash will occur in the load -out building, implementation of odor suppression systems, pest control, site maintenance, covered and sealed vehicles for transportation of waste, use of white noise back -up alarms, removal of trash within 24 hours, any trash stored overnight shall be covered, floor drain systems, washing of vehicles within the building, and installation of a concrete floor system covering the entire floor of the operations building. 24. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the facility, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 25. Notice to the County of a pending sale or a change in ownership shall be required and shall immediately trigger the filing of a report by the new ownership to confirm that all representations of the current Applicant shall be complied with including the Operations Plan and all CDPHE permitting. The operations plan shall be reviewed and approved by the Board of County Commissioners at a public meeting, prior to operation by the new owner. 1/41A- Dated day of Pi- , A.D. 20 i 3 . ATTEST: /rk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY OLO DO 7 ■ii11i��Nhi� ��Fl i1 l MAIM( WM 11111 Reception #. 829910 01/14/2013 01:58:18 PM Jean Alberioo 8 of 9 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 STATE OF COLORADO )ss County of Garfield , Aye , Aye Aye 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, 1 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 8 ■Ill Il iIITrial A r* WC rid inigligli16.10. ROI 11111 Reception##. 829910 05/1412013 01:59,18 PM Jean Alberico 9 of 9 Rec Fee:$0,00 Doc Fee.0,00 GARFIELD COUNTY CO EXHIBIT "A" - SITE PLAN A Full Size Copy of the Site Plan Exhibit is on File with the Garfield County Building and Planning Department 9