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HomeMy WebLinkAbout4.0 Resolution 80-176STATE OF COLORADO ss. County of Garfield continued At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on WeunesudV , the 30th day of July A. D. 19 80 there were present: Richard C. Jolley , Commissioner Chairman Larry Velasquez , Commissioner Arthur A. Abplanalp, Commissioner J r , County attorney Nancy Sprick Page, Deputy , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-17C RESOLUTION CONCERNED WITH THE APPLICATION OF ANSCHUTZ COAL COMPANY FOR EXTENSION OF TIME FOR OPERATION OF A TEMPORARY COAL LOADING FACILITY. WHEREAS, the Board of County Commisisone_rs of Garfield County, Colorado, by its Special Use Permit No. 134, dated the 13th day of September, 1976, as extended by Special Use :Permit No. 147 dated the 12th day of June, 1978, approved the application of Anschutz Coal Com- pany for operation of a temporary coal loading facility upon conditions more fully set forth in said special use permit, which conditions were to have been satisfied by the 31st day of July, 1980, and included ex- piration of the special use permit of the 31st day of July, 1980; and WHEREAS, the Board has been requested by Applicant to extend said date for a period of one year; and WHEREAS, the Board is satisfied that progress is being made toward the satisfaction of the aforesaid conditions, but that satisfaction thereof may not occur within the period originally limited; and WHEREAS, the Board is satisfied that an extension of the limita- tion heretofore established will not be inconsistent with the purposes for which the limitation was included and will not -violate any concerns expressed at the hearing previously held by this Board; NOW, THEREFORE, BE IT RESOLVED by the Board of County Comlllissione s of Garfield County, Colorado, that the said special use permit numbered 134, as previously extenc:.ed by this Board/be and hereby is extended to the 31st day of July, 1981, and issuance of a special use permit consistent herewith is hereby authorized. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO i f.l LSU / / -7 Deputy r' of the hoard Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez Aye Aye Coraziissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners to r•_I Ont• t e r`p'..+ty anri data ,fnrosnlri `in herohv nortifv that tho annov.vi anri fn7crtninrt (1.r1ns is troy the Proceedings 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. 2. That said application and impact statement are complete in all respects except as hereinafter noted, in accordance with the provisions and requirements of Section 5.03.07 and Section 9.03.02 of said resolution, and.the applicant has paid the required fee in the sum of $500.00 3. That the proposed facility and all buildings and structures proposed in connection therewith are in compliance with all applicable zoning, subdivision, building, health and sanitation regulations except for excessive height over the limit imposed by Section 3.02.07 of the Garfield County Zoning Resolution and except for approval of a special use, as required by Section 7.03.03 of the Garfield County Zoning Resolution. 4. That the Board must, for purposes of analyzing the subject application against the provisions of the Garfield County Zoning Resolution, establish the neighborhood which may be affected by the possible granting of the proposed special use permit, and further that the Board has determined that, except as otherwise noted herein, such neighborhood is that area of Garfield County, Colorado, South and East of the intersection of Colorado State Highway 82 with Garfield County Road 114, and North and West of the intersection of Colorado State Highway 82 with Garfield County Road 106. 5. That the general character of the neighborhood of the tract proposed to be subject to the special use permit is agricultural and residential, with some limited commercial uses, the only operations which may be construed as industrial being sand and gravel operations, with an associated concrete batch plant and a railroad line, all of which are operated in compliance with all applicable zoning, subdivision, building health and sanitation regulations, whether under special use permits or in the status of a non-conforming use. 6. That landowners adjacent to and in the area of the subject p_operty and the other citizens of Garfield County have indicated concern regarding the affect of the proposed coal- laading_.facility operations on the agricultural and residen- tial nature of the neighborhood., upon the value of adjoining properties and other properties in the area, and upon other sectors of the economy of the County if limitations regarding height, location, and use of the subject property are not . imposed. 7. That a structure for the handling and/or storage of natural resources greater than fifty-five feet in height would create an impact injurious in terms of property values, the economy, and aestheics upon the character of the neighbor- hood would require that the alternative design for a 220-to- 225-foot high coal loading facility and a 170-to-175-foot high coal loading facility be disapproved, but that applicant's proposal for a loading structure no more than fifty-five feet in height to be located on the subject property may be permitted without endangering the health, safety, and welfare of the population and uses of the neighborhood or zone district if certain conditions more fully stated herein are complied with by the applicant. The proposal of the applicant presented at the Board's public hearing on the 14th day of April, 1980, and employing a loading structure not exceeding fifty-five feet in height together with an associated truck dump, conveyor, railroad trackage, and associated uses, shall hereinafter be referred to, to the exclusion of applicant's proposals for facilities in excess of fifty-five feet in height, as "the facility". -2- 8. That the protection of the health, safety and wel- fare of the population and uses in the neighborhood require that limitations be imposed upon the location and use of the subject property and coal ' oadout -F''-'144-y, by li mitinq the effect of the special use permit to the lands herein- above described, by specifying the exact location of the im- provements to be constructed, and by prohibiting further in- dustrial uses upon the subject property until such time as the additional industrial use does not adversely effect the character of the neighborhood, exclusive of the subject property. 9. That the impact of the proposed use would require denial thereof, due to impact upon the uses and value of ad- joining properties in the neighborhood, upon the economy of eastern Garfield County (which the Board considers to be the affected neighborhood for the purpose of analyzing the economic impact of the proposed use), and upon traffic volume and safety caused by increased employment at the mine whose production will be increased with the availability of the proposed loadout facility. 10. That the impact of the proposed use upon the health, safety and welfare of the population and uses in the neighbor- hood requires the imposition of certain conditions relating to landscaping, screening, location of the use, assurance of water availability to the proposed use and the water quality of other affected water users, agreement of the owner of the property upon which the p.roposed-use is to be located to the conditions imposed by this permit, road construction, housing availability, and the limitation of further industrial uses on the subject property. 11. That the impact of the proposed use upon the health, safety and welfare of the population and other uses in the neighborhood as a whole requires that the proposed use, including but not restricted to the loading structure railroad trackage and rolling stock, the proposed engine repair shed, truck dump and conveyor system be -screened from view of adjoining landowners and other persons in the neigh- borhood, in accordance with the presentation made to this Board of the 14th day of April, 1980. • ' 12. That the impact of the proposed use upon the health, safety and welfare of the population and uses of the neighborhood and Agricultural/Residential/Rural Density Zone District, due to increased employment created by the expansion of operations at the mine associated with the proposed use, and the critical shortage of moderate -income housing in the area of the proposed use, requires that the applicant cooperate with Garfield County and municipalities in the vicinity to assure the availability of housing for the individuals and families -whose presence in. eastern Garfield County will be caused by or related to the proposed facility. 13. That the impact of the proposed facility upon the health; safety and welfare of the population and other uses in the neighborhood as a whole depends upon specificity of the exact location of the proposed facility, necessitating definition of the area of the subject property to be used for the proposed facility consistent with the presentation to the Board of the 14th of April, 1980, and more specific than the description of the entirety of the property presently before the Board. 14. That the impact of the proposed facility upon the health, safety and welfare of the population and other ,.,�.,_ , 1.1:?e:= in the 11; ...�..i�JJ,. h���.`.�• reciuires _hat c.: -e uYr--i%t.:.i, u-._ monstrate certainty of water supply prior to the time the facility is placed.in operation, and that this Board continue to be concerned with the affect of the proposed facility upon the quality of water which might be affected by the operation of the proposed facility. 15. That the impact of the proposed facility upon the health, safety and welfare of the population and other uses in the neighborhood as .a.whole depends upon the agreement to the conditions herein imposed by the property owner of the subject property, believed .to be Anschutz Coal Company, which might otherwise object to the imposition of the herein con- tained conditions upon its property. 16. That the impact of the proposed facility upon traffic volume and safety would require denial of the appli- cation, in accordance with the provisions of Section 5.03.11 and 5.03.12(1), unless the applicant improves and maintains that portion of Garfield County Road 108 and the Pitkin County road also'known as the Thompson 'Creek Road, to be traversed by traffic between the Applicant's Thompson Mine and the truck dump which is a part of the proposed facility, as a - minimum, in accordance with GarfieldCounty Road specifications, as may from time to time be instituted by this Board, but in no event less than adequate to serve the traffic generated by the applicant's transportation of coal from its mine to the truck dump site and unless, upon the determination by this Board, subsequent to public hearing at which the applicant is provided the opportunity to present evidence, that traffic generated by the applicant's Thompson Creek mine has created a hazard to traffic safety necessitating mass transportation for its employees from a designated location in the Carbondale area to its Thompson Creek mine applicant provides such transportatioi 17. That the impact of the proposed use upon the established character of the neighborhood, upon the adjoining population, and the protection of the health, safety and welfare of adjoining property owners and population, and the uses of the neighborhood as a whole would require denial of the subject application unless no further industrial uses are permitted upon the subject property until the character of the neighborhood changes substantially (exclusive of the effect of the proposed facility), in a manner which would eliminate the adverse impact of additional industrial uses upon the health, safety and welfare of the population and uses and upon the established character of the neighborhood. 18. That the special use permit process contained in the Garfield County Zoning Resolution was not intended to, nor does it, permit the Board of County Commissioners to override restrictions contained in that Resolution relating to uses on lands in Garfield County, but rather was intended to, and does, permit this Board to permit specified types of uses upon conditions which the Board determines to be necessary in order to "protect the health, safety and welfare of the population and uses of the neighborhood or zone dis- trict". 19. That the height of several structures included in the facility which the Applicant desires to construct ex- ceed at several points the height limitation of twenty-five feet applicable in the Agricultural/Residential/Rural Density Zone District, in which the subject property is located, and that such structures may only be constructed upon the determina- tion by the Garfield County Board of Adjustment that the Applicant is entitled to a variance from the aforesaid height limitations. -4- NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, Section 1. That the issuance of a Special Use Permit for the handling and storage of natural resources be and hereby is authorized upon the above-described lands, to be issued and effective upon and during compliance with the conditions more fully set forth herein; Section 2. That prior to the issuance of the subject special use permit the following conditions shall be satisfied: a. Applicant shall submit to the Board a specific description of the portions of the subject lands upon which the proposed facility is to be located; b., Applicant shall submit to the Board evidence of its agreement, and the agreement of the owner of the subject lands., to the conditions contained herein; c. Applicant shall submit to the Board evidence of variance granted by the Garfield County Board of Adjustment to permit the construction of any structures greater than the height otherwise allowed in the Agricultural/Residential/Rural Density Zone District; d. Applicant shall submit to the Board a clearing,grading, sedimentation... and landscaping plan consistent with the applicant's presentation.of the 14th of April, 1980, which will adequately safeguard concerns related to the health, safety and welfare of the population and other uses in the neighbor- hood referred to above; e. Applicant shall submit to the Board evidence of itr permit from the Colorado Mined Land Reclama- tion Board, together with all other permits referred to in the applicant's "impact statement" submitted on the 14th of April, 1980; Section 3. That prior to the commencement of coal - loading operations using the facility, the following condi- tions shall be satisfied: a. Applicant shall improve to at least Garfield County Road standards that portion of Garfield County Road 108 and, the public road in Pitkin County over which its vehicles will travel between the appli- cant's Thompson Creek Mine and the truck dump pad which is a part of the proposed facility, provided, however, that the portion of this pro- vision related to Pitkin County shall not be effective if objected to by the Board of County Commissioners of Pitkin County; b. Applicant shall install visual screening and paint the visible portions of the facility in a manner consistent with its presentation on the 14th of April, 1980, and with the plan required by the provisions of Section 2.d. above on the subject lands, and, with the consent of adjoining land- owners, upon the lands of adjoining landowners Oxenburg, Chuc, and Burry; c. Applicant shall provide evidence of its right to use no less than 0.1 cubic feet of water -5- per second, and nine acre feet of stored water per year, consistent with the plan of augmentation recommended by the Wright Water Engineers submit- ted by the applicant on the 14th of April, 1980. Section 4. That during the duration of the operation of the facility, the following conditions shall be satisfied: a. Applicant shall keep in repair the road surface of the portions of Garfield County Road 108 and the Pitkin County road known as the Thompson Creek Road, over which its vehicles will travel between the applicant's Thompson Creek mine and the truck dump pad which is a part of the proposed facility, provided, however, that the portion of this provi- sion related to Pitkin County shall not be effective if objected to by the Board of County Commissioners of Pitkin County; b. Applicant shall maintain those measures located on the subject lands intended to mitigate the visual impact of the facility, in the nature of painting and screening, among others, in accordance with applicant's presentation of the 14th of April, 1980, • and with the plan referred to in Section 2.d. above; c. Applicant shall cooperate with Garfield County avid local municipalities in mitigating the impact on housing of additional employees residing in eastern Garfield County due to the coal operations conducted as a result of applicant's increased ability to handle, store, and transport coal using the proposed facility; d. Applicant shall prevent the degradation of water quality in the Glenwood Ditch and the Roaring Fork River as a result of its operations using the pro- posed facility; e. The applicant shall institute mass transportation for its employees upon determination by the Board, subsequent to public hearing at which the applicant shall be provided the opportunity to present evi- dence, that traffic generated by the applicant's Thompson Creek mine has created a hazard to traffic safety necessitating mass transportation for its employees from a designated location in the Carbon- dale area to its Thompson Creek Mine. Section 5. That the special use permit shall also be subject to the following conditions: a. The term "applicant" as used herein shall apply to and bind any person, corporation, association, or other entity of whatever nature which assumes owner- ship, responsibility or control over the proposed facility, or any part thereof; b. The operation of the facility shall be in all ways consistent with the commitments contained in appli- cant's impact statement submitted the 14th day of April, 1980, unless otherwise specifically instructed or directed by this Board; c. No further industrial uses shall be permitted upon the subject lands unless the character of the neigh- borhood chances substantially, exclusive of the effect of the proposed facility, in a manner which -6- would eliminate the adverse impact of additional industrial uses upon the health, safety and welfare of the population and iiges and upon the established character of the neighborhood; d. That no structure, other than the proposed conveyor system and support crossing the Roaring Fork River, shall exceed fifty-five feet in height, and no structure whatever shall exceed the limits imposed by Section 3.02.07of the Garfield County Zoning Resolution without the authorization of a variance by the Garfield County Board of Adjustment; e. Applicant's compliance with the conditions of this Resolution and any special use permit issued pursuant hereto shall be monitored through the Board's review thereof every six months, in accordance with the provisions of Section 9.03.05 of the Garfield County Zoning Resolution, or such other method as the Board may direct; f. That the effective date of this Resolution shall be the 12th day of May, 1980, prior to which time the Board may consider any request for clarification made by the applicant, and provide for such clari- fication by amendment hereto. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO L rk of th'e( Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Aye Aye STATE OF COLORADO County of Garfield Larry Velasquez Commissioners I , County Clerk and ex -officio Clerk of the Board of County Commissioners ..nd fc_ tho Co _rt^ _^d' oa_ ,r,. _ r i'.. ' ' .tie ... . "'i ..^d! s,•.e;:i g ^:dc: i t: 'ly -:pi^i fro... the Recc:ds of the Proceedings 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.