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Home My WebLink About4.0 Resolution 2007-271111 ri UAMHILI L Wh lefilerV+gM 11 III Reception#: 719284 03/20/2007 11:02:44 RM 8:1903 P:0987 Jean Rlberlco 1 of 5 Ree Fee:$0.00 Doc Fee: 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 Plaza Building, in Glenwood Springs on Tuesday, the 20th day of February, 2007, there were present: John Martin Larry McCown Trisi Houpt Don DeFord Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 7 - 27 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR PROCESSING AND MATERIAL HANDLING OF NATURAL RESOURCES ON A PROPERTY LOCATED ON COUNTY ROAD 113 OWNED BY 3P PROPERTIES, LLC WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for "PROCESSING AND MATERAIL HANDLING OF NATURAL RESOURCES" submitted by WESTERN SLOPE CONSULTING, LLC to operate a stone yard; and WHEREAS, the subject property contains approximately 4.0 acres, situated in Lot 5 of Section 17, Township 7 South, Range 88 West of the 6th Principal Meridian and is practically located off of County Road 113, in the Agriculture/Residential/Rural Density Zone District: WHEREAS, the Board of County Commissioners opened a public hearing on the 20th day of February, upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and 1111 In I' J+ Wl WOVIIIRWENNMid Pi Reception#: 719284 03/20/2007 11:02:44 RM B:1803 P:0988 Jean R16erioo 2 of 5 Rec Fee:SO.00 Doe Fee: GARFIELD COUNTY CO WHEREAS, the Board of County Conunissioners closed the public hearing on the 20th day of February, 2007 notifying the Applicant a decision would be reached within fifteen days pursuant to Section 9.03.04 of the Garfield County Zoning Resolution of 1978, as amended; and WHEREAS, the Board of County Commissioners notified the Applicant of their decision during a special public meeting on the 28th day of February, 2007; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners. 2. That the public hearing before Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The proposed special use permit conforms to Sections 3.02.03, 5.03, and 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended. 4. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of' Garfield County, Colorado, that based on determination of facts set forth above, the SUP request for "Processing and Material Handling of Natural Resources" is approved with the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless altered by the Board; 2. Business hours of outdoor operation: 7:00 a.m. to 5:30 p.m., Monday thru Friday and 8:00 a.m. to 1:00 p.m. on Saturday; 3. Unlimited operation hours shall only apply to administrative activities conducted indoors and unmanned operation of indoor Architectural Stone Fabrication saws. Manned operation of the indoor saws will be restricted to hours of outdoor operation; 4. A maximum number of 75 daily round trips, Monday through Friday and 20 daily round trips on Saturday, shall be allowed and apply to all vehicles associated with this use including employees, wholesale customers, stone delivery and all other operation activities; 1111HILIANIt' SINCE MIN 11111 Reception#: 719264 03/20/2007 11:02:44 AM B:1903 P;0888 Jean Rlberico 3 of 6 Rao Fee40.00 Doo Fee: GARFIELD COUNTY CO 5. No retail sales shall be permitted, wholesale sales will be allowed under this resolution; 6. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended; 7. The Applicant shall comply with all State and Federal regulations and standard's, such as Noise Abatement, Water and Air Quality; 8. Groundwater resources shall be protected at all times. In the event of potential violations with respect to water pollution, the Applicant shall provide proof of compliance with applicable Federal, State and County laws, regulations and standards; 9. Food waste that is created shall be housed within a bear -proof garbage receptacle and disposed of accordingly; 10. All deliveries shall be conducted during outdoor operating hours Monday through Saturday; 11. The Applicant shall comply with the Industrial Performance Standards identified in Section 5.03.08 of the Garfield County Zoning Resolution; 12. All lighting shall be directed inward and downward towards the interior of the property; 13. The proposed building envelope may be utilized for uses approved under this resolution; 14. The subject property shall comply with the dimensional requirements defined in Section 3.02 of the Garfield County Zoning Resolution, including without limitation lot coverage; 15. The Applicant shall place and maintain a stop sign at the exit of the property. 16. The Applicant shall provide Garfield County with a drainage plan demonstrating the ability to manage surface run-off from the property so that it does not adversely affect Cattle Creek or adjacent properties prior to the issuance of this Special Use Permit, the plan must be certified by a Registered P.E.; 17. All repairs to equipment shall take place during the designated outdoor operating hours; 18. Storage of flammable fluids will comply with all regulations of the Carbondale Fire Protection District; 1l11M I IWAL 1410Cletilf1401410111111 Reception$: 719264 03/20/2007 11:02:44 AM 9:1903 P:0990 Jean Rlberico 4 of 6 Rec Fee:$0.00 Doo Fee: GARFIELD COUNTY CO 19. Prior to the issuance of any new building permits the Applicant shall provide written approval of the Carbondale & Rural Fire Protection District's ability to provide fire protection for the proposed use. 20. This Special Use Permit shall not be issued until all conditions of approval have been met. 21. Should the Colorado Department of Transportation (CDOT) find that the increase of traffic generated by this operation requires a state highway access permit, it will be responsibility of the Applicant to comply with all requirements and complete any improvements deemed necessary by CDOT as a result of this use. 22. Any violations of the terms, interpretations or agreements made or represented to Garfield County by the Applicant pertaining to or included in this special use permit, shall be considered a breach of the terms of conditions, further the Applicant shall cease and desist all activities which may result in a revocation of the special use permit, until the issue is remedied. Dated this J9 ` day of /11ataw- , A.D. 2007. Clerldbf the Board GARFIELD COUNTY BOARD OF COMM SIONERS, COUNTY, Upon motion duly made and seconded the foregoin the following vote: John Martin , Aye Larry McCown Aye Trrsi Hount No 1111PM 111.111,111111 NO,1011f4lt'1Pi 11111 Receptlon$t: 719264 03/20/2007 11:02:44 RM 8:1903 P:0991 Jean Rlberlco 5 of 5 Rio Fee:E0.00 Doo Fee: GARFIELD COUNTY CO 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. 2007 County Clerk and ex -officio Clerk of the Board of County Commissioners