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HomeMy WebLinkAbout4.0 Resolution 2009-17VIII���i�l�Ll� I IIX 11111 Recept1onU: 765027 1 o! 4 Reo Fee :SO.00RDocJFee10.00erGARFIEL© COUNTY CO STATE OF COLORADO County of Garfield )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 2nd day of September, 2008, there were present: John Martin , Commissioner Chairman Larry McCown_ _ _ , Commissioner Tres' Houpt , Commissioner Deborah Quinn , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009- 17 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A CONTRACTOR'S YARD ON A 20 -ACRE PARCEL OWNED BY DANIEL AND JACQUE GARDNER LOCATED AT 134 COUNTY ROAD 303 (GARDNER LANE) IN THE ARRD ZONE IN GARFIELD COUNTY, PARCEL NO# 2407 - 202 -00 -048 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 2nd day of January, 1979, the Board adopted Resolution 79 -01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all the provisions of the Zoning Resolution. D. The Board held a public hearing on the 2nd day of September, 2008, 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 special use permit. ®111101.1711FANKINVO,I4X101416 ifti 11111 Receptionil: 765027 43!20170139 11:6 &;13 AM Jean A1berlco 2 of 4 Rec Fee:$0,00 Doe Fee:0,00 GRRFIEED COUNTY CO E. The Board of County Commissioners closed the public hearing on September 2nd, 2008, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit is approved based on the following findings: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended, was provided as required by law for the hearing before the Board of County Commissioners. C. An application for a special use permit was made consistent with the requirements of Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended. D, The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. E. The proposed Special Use Permit is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. F. The proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. G. The Special Use Permit for the Contractor's Yard proposed by Daniel and Mark Gardner, shall require that the following conditions be satisfied: 1. That all . representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and sound generated shall comply with the standards set forth in the Colorado Revised State Statute 25 -12 -103, any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors (screened area) during the hours of 8 am to 6 pm, Mon. -Fri. 3. The Applicant shall comply with all performance standards identified in §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution of 1978, as RecepUon#i: 765027 03/20/2009 11;65:13 AM Jean Rlberion 3 of 4 Rea Fee;$0.00 Doc Feet0.00 GARFIELD COUNTY CO amended, with the exception of 5.03.07(5) calling for Contractor's Yards to be separated from existing residences by. 300 feet, whereby that of the owner /applicant's residence shall be excepted from this requirement. 4. The metal stockpile and parking area shall be adequately screened; the stockpile with a solid -board 8' fence to be completed within 90 days of permit, which shall comply with Garfield County requirements including standards as to setbacks, height and sight distance, and the parking area shall be screened with fence or vegetation. 5. No materials and wastes shall be deposited upon the property in such way that they may be transferred off the property by any reasonably foreseeable natural causes or force. 6. The Applicant shall prepare and submit a Hazardous Materials Spill Containment and Management Plan to utilize Best Management Practices. 7. Storage of flammable material shall be conducted so as to meet all applicable regulations utilizing the practices identified in the Hazardous Materials Spill Containment and Management Plan and meet all local, County, State, and Federal regulations and comply with CRS 30 -20 -115. 8. The applicant shall have safety equipment in place, develop and implement a plan developed with the fire protection service provider to safeguard persons on or near the property. These measures shall include the safety to animals and wildlife. The plan shall be reviewed to the satisfaction of the fire protection service provider prior to the issuance of the Special Use Permit. 9. Periodic mitigation measures to address fugitive dust and gravel onto the County Road shall be performed to maintain the driveway at an acceptable level, no less than once a year. Dated this 1(vil- day of 'Y(itc h....,, , A.D. 2009. ATTEST: t. hr lerk of the Board GARFIELD COUNTY BOARD OF COMMISSI • .i RS, GARFIEL ri CO TY, COLO Upon motion duly made and seconded the foregoing NM Fnilb It,1iih 141.1411.10Nt RUN ®I111 Reception #: 765027 03!20!2003 11:56:13 AM Jean AIberto° 4 of 4 Rec Feel$0.40 Doc Fee :0.00 GARFIELD COUNTY CO the following vote: John Martin , Aye David `Mike' Samson , Aye Trsi Haupt , Aye STATE OF COLORADO )ss County of Garfield ) , 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. 2009 County Clerk and ex- officio Clerk of the Board of County Commissioners