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Home My WebLink About4.0 Resolution 2008-4411!11 F1III!(\FLl,C Llt,f1111T1111 Wi1.1dri Hi 1I III Reception#: 746342 04/11/2008 08:51:10 RM Jean Alberico 1 of 5 Roo Fee:$0.00 Doc Fee:0.00 GRRFIELO 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 Courthouse, in Glenwood Springs on, Monday, thel7t day of March A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-44 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CONTRACTORS YARD WITHIN THE AGRICULTURAL RESIDENTAL RURAL DENSITY (ARRD) ZONE DISTRICT ON A PROPERTY OWNED BY WAYNE POLLARD, DESCRIBED AS 6448 COUNTY ROAD 233, SILT, GAFIELD COUNTY AND OPERATED BY JACHIE'S PORTA POTTIES PARCEL NO# 21 79 042 00 713 WHEREAS, the Board of County Commissioners of Garfield County, Colorado (`Board"), has received an application from Wayne Pollard for a Special Use Permit ("SUP") to allow a Contractors Yard on the subject property within the Agricultural Residential Rural Density (ARRD) Zone District; and WHEREAS, the Board held a public hearing on the 17th day of March, 2008 upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 5 1111 11111iii'I 1111,111111 4.1111 t1111ilig.116,1C‘ IIh 111111 Recept ionf: 746342 04/11/2008 08:51:10 RM Jean Rlberioo 2 of 5 Rec Fee:$0.00 000 Fee:0.00 GARFIELD COUNTY CO 2. The meeting 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. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 2.02.1555, 5:03, 5.03.07, and 5.03.08) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit to allow a Contractor's Yard on property owned by Wayne Pollard and operated by Jackie's Porta Potties is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations 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. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire 2 1111 iFF!IV,\4I,I4G!,MtiMilelli tbbIIS'JIl' 11111 Reception#: 746342 04111/2008 08:51:10 AM Jean Rlberloo 3 of 5 Reo Fee:50.00 Doc Fee:0.00 GRRFIELD COUNTY CO codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening shall include sight obscuring wood fencing. h. 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 during the hours of 8 a.m. to 6 p.m., Mon. -Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. j• Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 3. The "mixing tank" shall include an impervious secondary containment system designed to contain the full amount of the contents of the mixing tank (1,550 gallons) in the case of a leak or spill. In addition, all chemical must be stored in a sealed, air tight container to eliminate the emission of fumes, reduce the possibility of spillage and further prevent the chemicals from being available to wildlife. 4. At no time shall wastewater or other solid waste be transported to or stored at the permitted site. 5. All portable toilets and the mixing tank (including secondary containment) shall be stored either within the fenced area and completely obscured from site of the general public or indoors. In addition, all pumping trucks must either be stored within the fenced area identified within this Special Use Permit and completely obscured from site of the general public or within another structure or garage which similarly obscures the site of these vehicles from the general public. 6. At no time shall the total number of pumping trucks or other vehicles associated with this Contractor's Yard stored on the site exceed five (5) vehicles. 3 1iu fN!IVAli.1411, IC11' Y "1I4 N W 11111 Reception#: 746342 04/11/2008 08:61:10 RM Jean Rlberioo 4 of 5 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 7. The Applicant shall obtain any necessary access or driveway permits from the Garfield County Road and Bridge Department. 8. In order to control dust, the Applicant shall periodically treat the driveway with an approved dust suppressant. 9. Since no wastewater treatment system is proposed for this use and that no water is proposed to be used in conjunction with this Special Use Permit, the Applicant shall not install any restroom facilities and shall not wash any trucks in association with the approved use. 10. Specific to water use in conjunction with the approved Special Use Permit, the Applicant shall not wash or clean any portable restrooms on the premises; trucks or other vehicles shall not be washed an the permitted site; and any water used to mix chemicals shall not come from any water rights associated with the Subject Property. The Applicant has represented that no water will be used from water rights belonging to the Subject Property in conjunction with the Special Use Permit. 11. The Applicant shall construct an eight (8) foot tall, completely obscuring, wood privacy fence in the area identified within the Special Use Permit to screen the portable restrooms, mixing tank and any vehicles associated with this Special Use Permit from the view of the general public. This fence shall have a lockable gate to prevent entrance by wildlife into the storage area. 12. All vehicles associated with this Special Use Permit must be licensed and in compliance with State and Federal requirements. 13. Prior to issuance of the Special Use Permit, the Applicant shall provide evidence that all buildings to be used in conjunction with this Special Use Permit have obtained a Garfield County Building Permit. If it is found that a building which is to be used in conjunction with the Special Use Permit has not obtained a Building Permit, then the Applicant shall obtain a Building Permit for that building prior to issuance of the Special Use Permit. 14. The total area to be used for the Contractor's Yard shall not exceed one (1) acre. 4 ■IIIIii+iFIRIVARIPARriJiN'Mt?r+s*11111 Recept long: 746342 04/1112008 08:51:10 AM Jean Albericc S of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ry IA - Dated this I day of (Jr lLtn , A.D. 2008 A11EST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORAD Upon motion duly made and seconded the foregoi I g Resolution w' opted by th= ollowing vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , Aye , Aye , Aye 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. 2008. County Clerk and ex -officio Clerk of the Board of County Commissioners 5