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Home My WebLink About11.0 Resolution 81-165STATE OF COLORADO County or Garfield IS. ma rya g.qId,r , meetfng of the Beard or County Commissioners for Gufieid County, Colorado, held fit fhe Ceurt House in Glenwood Springs on.. Tue,s.day the 2.6.1:11 day of MAY A. D. f 4..,faa. „... , there war presrnt: 14t1717 VOI.WAiltl, Z Commissioner Chairman 11ygfl.,,,a., Ce.><.taaa Commissioner .....,,E,i7.eene . r "tT,1-Jfl” 17.r.ir Ahau.ae Commissloner t1Z.tr,hl,i ,,. r.n,...Alui ,.CinA R 4-47X',n County mtorney crAi,gry,],.,..STr.,.,.4 4e , Pe+ ?,#Y Clark of the Beard when the toIlowing proceedings, among others wire had and done, to.Mt: RESOLUTION NO. 81- 165 RESOLUTION CONCERNED WITII THE CONDITIONAL APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY SIEVERS RANCH AND DEVELOPMENT COMPANY. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Sievers Ranch and Development Company for a special use permit for industrial operations limited to processing of natural resources using an asphalt batch plant on the following described tract of land: A parcel of land consisting of that part of the Eh SW4, SA NE;, SEA NWk, and NW: 8E1 of Section 18, Township 7 South, Range 88 West, and part of the Eh NEB, and the NEh 8E4 of Section 13, Township 7 South, Range 89 West, of the 6th Principal Meridian, Garfield County, Colorado, said parcel being bounded on all sides as follows: Commencing at the NW corner of Lot' 1, Section 13 (being the NW corner of said property); thence along the East boundary line r•f said parcel Southerly along a line which is 5 feet Westerly of, and parallel to, the West bank of the Robertson Ditch; thence con- tinuing along the East boundary of said parcel, Southerly along a line which is 5 fees. Westerly of, and parallel to, the high water line of the West bank of the Roaring Fork River to the intersection of said line with the East line of Lot 17, of said Section 18; thence Southerly along the East line of said Lot 17 to its inter- section with the South boundary line of said Section 18; thence Westerly along the Southerly boundary of said parcel, being the South line of said Section 18 to the intersection of said line with the Easterly right of way line of the old Colorado Midland Railroad right of way; thence Northerly along the West boundary line of said parcel, being the Easterly right of way line of the old Colorado Midland Railroad right of way (now abandoned) to the Southwest corner of Lot 6 of said Section 13 (as defined by the line of an existing fence along the West boundary of said Lot 6); thence continuing along the Westerly boundary of said parcel North along said fence line to its intersection with the point of beginning; EXCEPTING from the above the following parcel: A tract of land situate in Lots 1 and 6 of Section 13, Town- ship 7 South, Range 89 West of the 6th Principal Meridian being mere particularly described as follows: Beginning fit rt point on the East line of said Section 13 whence the Nortfu'.tst corner of said Section 13 bears N. 00 °49'00" E. 817.28 feet; th4'nco S. 00 °49'00" W. 518.32 foot along said East lino of Section 13; thence N. 62 °43'30" W. 824.08 feet; thence N. 01 °27'35" 1. 515.47 feet; thence S. 62 °43'30" E. 817.61 feet to tho point of begiiuiintj; Cttlt!t'. ntivi 114.21 .'Iri''S, m(^s T';? er lase. WEEREAS, pursuant to required public notice, the Board conducted public hearings on the 30th day of March and the • 20th day of April, 19 "a1, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has considered said application and the technical reports contained therein, and the testimony and other evidence presented at said public hearings; and based thereon, the Board of County Commissioners hereby makes the following findings of fact in respect to said application, to -wit; 1. That Seivers Ranch and Development Company has paid $25.00 of the required fee of $500.00, and its application is otherwise complete in all respects. 2. That all procedural requirements and notice require- ments set forth in the Garfield County Zoning Resolution in respect to this special use permit application have been met and this procedure is properly before the Board. 3. That the proposed use is compatible with the uses existing and permitted in the district in which it is to be located, and the proposed use will not have a significant adverse impact upon other existing uses, provided that certain hereinafter contained conditions be complied with. 4. That a substantial amount of traffic will be generated by the proposed industrial operation, much of which will require access to and from the north across Garfield County Road 109 and the Hardwick Bridge, which road will be under increased pressure for improvement as a result of the proposed industrial operation. 5. That the traffic impact of the proposed industrial operation will have approximately the same impact as five resi- dential units and that the impact upon County Road 109, requiring mitigation which will be satisfied by the payment of $1,000.00, which will be used at a future time and applied toward the improvement of County Road 109 in a manner alleviating the pressures caused by the proposed industrial use. 6. That the question of whether the proposed use has sufficient physical separation in terms of distance from other existing uses in the area depends upon the location of the proposed use upon the described 114 acre tract, and that such sufficient physical separation will exist only if the proposed use is located at least 500 feet from the west property line, at least 1300 feet from the east property line, and between 600 and 900 feet from the north property line. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that a special use permit be and hereby is authorized permitting the use of the above described tract of land for industrial operations limited to the processing of natural resources by an asphalt batch plant, upon the following specific contitions: 1. That the use of the tract of land comply with all present and future regulations of Garfield County and the zone district in which the property is now or may later be located. 2. That, prior to the issuance of the authorized special ucc permit, the applicant shAl1 nay to Garfield County the balance of $475.00 due on its application fee and $1,000.00 to be applied to the planning and reconstruction of Garfield County Road 109, including the Hardwick Bridge, in order that the impact associated with the proposed project may be mitigated to the extent possible consistent with the ability of the project to assume responsibility for such mitigation. 3. That the project be located within the area delineated by the provisions of paragraph 6 of the above findings of fact. 4. That the conditions prerequisite to the requested special use permit shall be satisfied, and the permit issued, within six months of the adoption of this Resolution, unless otherwise extended by the Board within the said period of time, or the authority granted by this Resolution shall terminate and be of no effect. ATTEST; Deputy C1 -rk Of e Board, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Upon motion duty made and seconded the foregoing Resolution was adopted by the following vote: Larry Y9 Ay. STATE OF COLORADO County of Garfield ....�..��a�ir,�� .��a. �� • •'iT.Tf�C4r15MM Flayep s?,t . X ere Eugene "PIA" Ar,i,z�i�llouse Aye Ayer tt Commissioners I' , County Clark and exwffIcio Clerk of the Board of County Commissioners to and for the County and State arorraatrl rim h +..tier a.t,.,..w..y. the Proceedings of the Board of County Commissioners for said Garfield County, now in my1officecr Is truly copied from the Records of IN WITNESS WHEREOF, I have hereunto sat my hand and affixed the seal of sold County, at Glenwood Springs, this day of A. b 19 Count} Clerk and ex-officio Clerk of the Board of County Commissioners,