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HomeMy WebLinkAbout1.0 ApplicationNARRATIVE REGARDING REQUEST In 2008, Applicant filed an application for a Special Use Permit to allow for a contractor’s yard on his property located at 0918 County Road 352. Resolution 2008-93 granting the approval is included in this application packet. Resolution 2008-93 included several conditions including condition #10 which reads: “This Special Use Permit is a personal permit, shall only be valid and in effect only while the subject property is owned by J. Bruce and Ann Dee Snode. Upon conveyance of the subject property to another party, this Special Use Permit shall be null and void, expiring on its own terms without revocation by the BOCC or relinquishment by the Applicant. This SUP does not ‘run with the land’.” This condition is inconsistent with the standard of the Garfield County Land Use Code at the time of the approval and continues to be inconsistent with the current Land Use and Development Code effective July 15, 2013. Section 2-106 states that the permit runs with the land. Minutes from the July 21, 2008 public hearing before the Board of County Commissioners reflect the following conversation: “Carolyn asked, as you all know the special use permit runs with the land, they are not personal to this owner….Commissioner McCown stated; and I can add a last condition which would be number (10) that this particular special uses permit would only be enforced as long as it is operated the owner that applied for it today.” Condition #10 was not included in the staff report prepared by David Pesnichak and was added at the public hearing by Commissioner McCown although it was inconsistent with the Land Use Code at the time. The minutes do not reflect the reasoning behind the addition of that condition. It is unclear why this unusual condition was set by Commissioner McCown. It is not consistent with Code or general practice of the County. Applicant desires to have the ability to sell his property with the benefit of the Special Use Permit continuing for a subsequent owner. The property is in an industrial area and such use is not inconsistent with the surrounding properties. The BOCC previously found that the Special Use Permit was in conformance wit the Garfield County Land Use Code and was in the best interest of the health, safety and welfare of the citizens of Garfield County. Applicant is not requesting any other amendments to the Special Use Permit. He intends to continue using the property consistent with and in compliance with the conditions of the Special Use Permit. He is not requesting any expansion of the use. Garfield County Community Development Department 108 81 " Street, Suite 401 Glenwood Springs, CO 81601 {970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM I TYPE-OF APPLICA_Tl_O_N __ ___ ., ______ ---------·-·-·-~·-~ I D Administrative Review D Development in 100-Year Floodplain : -------·~--I Developme_nt in 100-Year Floodplain Variance 1 !!ii Limited Impact Review D D Major Impact Review D Code Text Amendment ~ I D Amendments to an Approved LUCP D Rezoning I OLIR OMIR OsuP D Zone DistrictO PUD D PUD Amendment ; D Minor Temporary Housing Facility I D Administrative Interpretation ~ I D Vacation of a County Road/Public ROW D Appeal of Administrative Interpretation Location and Extent Review J D Areas and Activities of State Interest -j Comprehensive Plan Amendment I D Accommodation Pursuant to Fair Housing Act -1 1 D Major D Minor D Pipeline Development [ D Variance -J [ ___ D Time Extension (also check type of original application) I / INVOLVED PARTIES ----------... ----~--~--~·-- Owner/Applicant Name: J. Bruce and Ann Dee Snode Phone: ( 970 ) 618-1075 I Mailing Address: 918 County Road 352 City: Rifle State: CO Zip Code: 81650 E-mail: hogbackbs@hotmail.com Representative (Authorization Required) Name: Julie Hanson, Beattie, Chadwick & Houpt, LLP Phone: ( 970 )945-8659 Mailing Address: 932 Cooper Ave. City: Glenwood Springs State: CO Zip Code: 81601 E-mail: jhanson@bch-law.com PROJECT NAME AND LOCATION Project Name: Amendment of Special Use Permit -Contractor's Yard I Assessor's Parcel Number: 217J!__ __ -184 -00 -418 -------- Physical/Street Address: 918 County Road 352, Rifle, CO 81650 Legal Description: Legally described on Warranty Deed included in this application. I ! ' I Zone District: _R_u_r_a_I -----------Property Size (acres): 6.69 acres ! ------------.. -·-------------------------... ---------------------------------------- PROJECT DESCRIPTION ---1 ____ ,, _____________ _ Existing Use: The property !s currently used as a single family residence and contractor's yard pursuant to previous Board of County Commiss-lo~ approval of a Special Use Permit -Resolution 2008-93 which is included in this application. Proposed Use (From Use Table 3M403): Continued existing use of single family residence and contractor's yard pursuant to 2008-93. Description of Project: Applicant desires to amend the Special Use Permit granted by Resolution 2008-93 to delete condition #10 - "This Special Use Permit is a personal permit, shall only be valid and in effect only while the subject property is owned by J. Bruce and Ann Dee Snode. Upon conveyance of the subject property to another party, this Special Use Permit shall be null and void, expiring of its own terms without revocation by the BOCC or relinquishment by the Applicant. This SUP does not 'run with the land'.'' ~----------------·-------------------------- REQUEST FOR WAIVERS Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section:--------------Section:---------------- Section: Section:---------------- Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section:---------------- Section: Section:---------------- have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. \.·. ", •. l\" ' ·. \ \) CJ· \ "'" r"~-,cy_y ' ' <-=:::::> Signature of Property Owner Date I OFFICIAL USE ONLY I File Number: ___ _ Fee Paid: $ _________ 1_ August 26, 2013 Garfield County Building & Plmrning Department 108 8tl' Street, Suite 401 Glenwood Springs, CO 81601 Re: Application for Amendment to Special Use Permit -0918 County Road 352, Rifle Parcel Number: 217918400418 (the "Prope1ty") Dear Planning Department: I, J. Bruce Snode, authorize Julie S. Hanson, of Beattie, Chadwick & Houpt, LLP, to act on my behalf with regard to a request for m1 amendment to special use permit in Gat"field County, Colorado. Very truly yours, ''-1 (~__)~'·\ lt~&~ J. Bruce Snode Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") J. Bruce Snode and Ann Dee Snode agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ Amendment of Special Use Permit 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person .. ·_ J_._B_r_u_ce_S_n_o_d_e ________ Phone: ( 970 ) 618-1075 Billing Contact Address: 0918 County Road 352 City: Rifle State: CO Zip Code: _8_1_6_5_0 __ _ Billing contact Email: hogbackbs@hotmail.com Printed Name of Person Authorized to Sign: _J_._B_r_u_c_e_S_n_o_d_e ______________ _ \ \) "'-·· l~ ~)\\ \ tR \~~ce& \ (Signature) (Date) =G Garfield County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .garfield-co unty.com TAX PARCEL NUMBER: 2179-184-00-418 PROJECT: Snode Contractor's Yard OWNER/OPERATOR: J Bruce and Ann Dee Snode DATE: June 6, 2013 REPRESENTATIVE : Julie Hanson, Beattie, Chadwick & Houpt, LLP PRACTICAL LOCATION : 0918 County Road 352 ZONING: Rural TYPE OF APPLICATION: Substantial Modification resulting in a new application and reviewed as a Limited Impact Review Amendment I. GENERAL PROJECT DESCRIPTION The Applicant wishes to remove condition 10 memorialized in Resolution 2008-93 in order to allow future owners of his property to use it as a contractor's yard. As per Section 4-106 (B), if " .... Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered substantial." A substantial modification requires the Applicant to submit a new application and the contents of this application are determined by the Planning Director, see Section IV of this letter. Ill. REVIEW PROCESS 1. Pre-application Conference. 2 . Application. 3. Determination of Completeness. 4 . Schedule Public Hearing. 5. Evaluation by Director/Staff Review 6. Schedule Board of County Commissioners Public Hearing. 7 . Review and Action by the Board of County Commissioners . IV. SUBMITIAL REQUIREMENTS The following materials are required : 1. Narrative what you are proposing and justification of why you want to make this change. 2. General Application Materials: • Application Form • Fee • Statement of Authority • Letter of Authorization • Payment Agreement Form • Pre-Application Conference Summary • Deed of Ownership • List of the name and mailing addresses of adjacent property owners within 200 feet of the subject parcel and mineral owners of the subject parcel for public notification 3. Site Plan 4. Vicinity map 5. Copy of Resolution 2008-93 Submit three paper copies and one CD. Additional copies will be requested upon determination of completeness. See the land use code for additional submittal requirements. V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review = Planning Commission _X_ Board of County Commissioners = Board of Adjustment May include Garfield County Road and Bridge Department, Fire Protection Districts, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, Colorado Parks and Wildlife VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300.00 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit . Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval,. approval with conditions, or denial to the appropriate hearing body. The pre-application meeting summary is only valid for si x (6) months from the date of the written summary. Dis laimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate . This summary does not create a legal or vested right . Pre-application Summar}' Prepared b~ 1111111 111111111111111111111111111111111111111111111111 104814 08/22/2006 11:15A 81833 P966 M ALSDORF 1 of 2 R 11.00 D 40.00 GARFIELD COUNTY CO WARRANTY DEED RECORD $11.00 THIS DEED, made this I 8th day of August, 2006, between Michael Sugar of the said County of Garfield and State of Colorado, Grantor, and J. Bruce Snode and Ann Dee Snode whose legal address is: 2730 Grand Avenue, Glenwood Springs CO 81601 of the said County of Garfield and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of j DOC FEE $40. 00 j ( $10.00) Ten dollars and Zero cents, the receipt and sufficiency of which is ' hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confinn, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: A parcel of land situated in the SW1/4SE1/4 of Section 18, Township 6 South, Range 92 West of the 6th P.M., more particularly described as follows: BEGINNING at the SW comer of said Section 18, thence along the South line of said Section 18, North 88°22'36" East I ,620.91 feet to the North/South centerline of said Section 18 the TRUE POINT OF BEGINNING; thence along the North/South centerline of said Section 18 North 00°27'29" West 57.88 feet to the Southerly right of way of proposed I 00.00 foot road; thence along the southerly and easterly right of way of said road along the arc of a curve to the left 286.95 feet, said curve having a radius of 450.00 feet and a chord which bears North 40°36'!3" East 284.00 feet; thence North 22°12'3 I" East 5 I .12 feet; thence leaving said right of way South 90°00'00" East 905.01 feet; thence South 00°00'00" West 289.41 feet to the South line of said Section 18; thence along said South line of said Section 18 South 88°22'36" West 1,109.15 feet to the TRUE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO also known by street and number as: 918 County Road 352, Rifle, CO 81650 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, • sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except ~ "general taxes for the year 2006 and subsequent years; and those spedfic exceptions described by reference to recorded documents : as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review) of the Contract to Buy and .j Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically ) described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by j Grantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section Be (Survey Review} of the Contract ) to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; ) ) and, the benefit and burdens of any declaration and party wall agreements, if any." The grantor s nd will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable essi n of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or a y part ereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be plicab to all genders. WHEREOF, th~antor has,6.ccutcd this deed on the date set forth above. Stewart Title of Colorado~ Glenwood Spring.s Division Fiie Number: ?1101.n,c;.,., Nn. ()11.A -lu~---· "--- RETURN TO: J. BRUCE SNODE 918 CNTY RD 352 RIFLE, CO 81652 1111111111111111111111111111111111111111111111111111111 704814 08/22/2006 11:15A 81833 P967 M ALSDORF 2 of 2 R 11.00 D 40.00 GARFIELD COUN.TY CO STATE OF Colorado. COUNTY OF Garfield ) ) SS. ) The foregoing instrument was aclmowledged before me t~y of August, 2006, by Michael Sugar My commission expires: March 14, 2010. Witness myAjaa ~ Stcwn.rt Title of Colorado -Glenwood Springs Division File N.unhor• ?oor.nr.-.,., No. 07 I A -u 1 .. ---· .... - ADJACENT PROPERTY OWNERS Parcel No. 217713400205 Board of County Commissioners Garfield County 108 8th Street, Suite 213 Glenwood Springs, CO 81601-3363 Parcel No. 217724300398 Airport Land Partners Limited 312 AABC Suite A Aspen, CO 81611-2568 Parcel No. 217918400419 Patricia L. Lee 1000 County Road 352 Rifle, CO 81650 Parcel No. 217919100511 Scot t W. & Linda S. Brynildson 1831 Railroad Ave. Rifle, CO 81650-3203 Parcel No. 217919200608 Strategic One Financial, Inc. 217919200717 P.O. Box 1476 217919200718 Rifle, CO 81650 Parcel No. 217919200609 EDE Investments LLC 6540 County Road 319 Rifle, CO 81650 MINERAL RIGHTS OWNERS Richard T. Dever P.O. Box 33712 P.O. Box 638 Northglenn, CO 80233-0712 Glenwood Springs, CO 81601 Dorothy Dever 99 S. Downing St. #502 Denver, CO 80209 Dever Family Minerals, LLC 99 S. Downing St., #502 Denver, CO 80209 MAP99A-MGD, a Texas Nominee Partnership C/O Chase Bank P.O. Box 660197 Dallas, TX 75266-0197 William W. Whitley 255 South Milwaukee Street Denver, CO 80209 Barret D. Baker 717 Seventeenth Street, Suite 1545 Denver, CO 80202 Kristine M. Peterson 2525 South Wadsworth Boulevard, Suite 303 Denver, CO 80227-4346 0' 100' 200' ---I INCH • 100 FEET HOUSE DETAIL I• " 1!0 • FOUND REBAR AND CAP LS 27~13 N oo·oo•oo· E uos.01' e-\/ELL 0 -CISTERN s 88'22'36" w 1109 .15' Cf/8 AOORESS: -COUNTY ROAD 352 STEWART TITLE GUARANTY CO. TITLE COMMITMENT ORDER NUMBER• 20060622 LEGAL DESCRIPTION• A PARCEL Of LAND SITUATED IN THE S\ll/4SEl/4 Of SECTION 19 , TOWNSHIP 6 SOUTH, RANGE 92 WEST Of THE 6TH ~ H., HORE PARTICULARLY DESCRIBED AS fOLLO\IS• . BEGINNING AT THE Sii CORNER Of SAID SECTION 19, THENCE ALONG THE SOUTH LINE Of SAID SECTION 19. NS8'22 '36•E 1.620. 91 fEET TO THE NORTH/SOUTH CENTERLINE or SAID SECTION 18 THE TRUE POIN T or BEGINNING) THENCE ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 19 N00'27'29'\I 57.89 fEET TO THE SOUTHERLY RIGHT or llAY Of PROPOSED 100.00 fOOT ROADJ THENCE ALONG THE SOUTHERLY ANO EASTERLY RIGHT or WAY or SAlD ROAD ALONG THE ARC OF A CURVE .TO THE LEFT 296.95 FEET, SAID CURVE HAVING A RADIUS Of 450. 00 fEET AND A CHORD llHICH BEARS N40'36' l3'E 294.00 FEETi THENCE N22'12'31'E 51, 12 fEETi THENCE LEAVING SAID RIGHT Of llAY S90'00'00'E 905,01 f£ET1 THENCE soo·oo•oo·w 299. 41 fEET TO THE SOUTH LINE Of SAID SECTION 181 THENCE ALONG SAID SOUTH LINE Of SAID SECTION 18 S89'22'36'W I, 109. IS fEET TO THE TRUE POINT or BEGINNING. COUNTY or GARFIELD STATE Of COLORADO IMPROVEMENT LOCATION CERTIFICATE I HEREB Y CERTlfY THAT THIS IMPROVEMENT LOCATION CERTlflCATE WA S PREPARED UNDER HY DIRECT SUPERVISION roR BRUCE AND ANN SNODE/ STEWART TITLE GUARANTY CO,, THAT THIS IS NOT A LAND SURVEY PLAT OR IMPRO VEM ENT SURVEY PLA l AND THAT IT IS NOT TO BE RELIED UPON fOR THE ESTABLISHHtNT OF FENCE BUILDING OR OTHER fUTURE IMPROVEMENT LINES . ' ' I FURTHER CERTifY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE. JULY ee. 2006. EXCEPT UTILITY CPNNECTIDNS, ARE ENTIRELY WITHIN THE BOUNDARIES Of THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMEN TS UPON THE DESCRIBED PREMISES , EXCEPT AS INDICATED, . AND THAT THERE IS NO APPAREN T EVIDENCE OR SIGN OF ANY EASEMENT SING :: ~:EN?~? or /l//ARCEL, EXCEPT AS NOTED. ~ R€ i<s' DA~Lsaf-~ COLORADO REGISTERED P. L.S. • 3~595 "" E'R tm!!1i':'f pre. l>orfd C NlobollaD .I.&-----~~~ Z , @] /1.1· I ,,.. '?/ .. ~ r:.. ) _:: . ,--,.. _,,,,../ , I -- Q \t· Q -' '.'( mi ' ,/ I t I I ,.. 1. I I . •' .. . . ·.' . . _[;( "' . .. Bru <-e ._5/,7cJ d e_ -·-1 G o ~[e earth feet 1i1-------------4000 km .................................... 1 1 1 \ Snode Property 918 County Road 352, Rifle, CO 2 Garfield County Airport and Operations Center, Garfield County Offices, Garfield County lnteragency Fire Station, AV Tech, Zulu Golf Aviation, Preferred Limousine, Preferred Aircraft Detail, Atlantic Aviation, Skye Gryphon Hanger, Heliport 3 Well pad site 4 Evaporation Pit 5 1 Elder Trucking 6 Industrial area including: Tubular Repair Pipe Yard, Rifle Park Industrial, Western Colorado Freight and Storage, Fat Dog Foam 7 Ga rfield County Sher r iff, Garfield County Ro ad and Bridge, Garfield County Community Corrections 8 Tri-State Generation & Transmission Association, Rifle Generating Station ** Boundaries are for location purposes only and are not exact .. Goog le Maps G oLglc .111 ·, \\ I CB l1MI v. 11 1:.1 https://maps.google.com/maps Page I of I To see all the details that are visible on the screen, use the "Print" link next to the map. t3ruc...JV O n ode_ (1ai1) (:mi) l4~fil m) jn9J [@ jnol I 4~tl j 1'!5 ! Intl 111<>! (I ii ~) C~J I folio '" (~J \h·'·' Hill1• t I ' w 0 1:i~11 fr opc1rfy La cc.d;:( D 11 (J i ii 9/10/2013 I 1 I I I I J 11 I ®@©©©® ~ ' I I I I ii I I I I I i ©©©©© ~ i j i j ; ©®@@© iii ii ®@®®@ ~~ 0 0 I I '~®@® ~ ~ i l i l . ~~~ l I I J @©@@ ~---------- Ill\ WI. l'l'X\IJl,M!Uliil ,1'L'1,Wl~lflir-M.'l't\\ IJW', ~·~ 11111 ReceplionH: 753641 OS/0612009 10: 19:43 AM Jean Alb•rico 1 of 5 Rec F•e:$0.CO Ooo Fea:0.CO GARFIELD COUNTY CO STATE OF COLORADO ) )ss County pf Garfield • · , ) At a' regular meeting of the Board of Co~ty Commissione;sfor Garfield County, Colorado, held in the Commissioners' Meeting Roo111, Garfield County Courthouse, in Glenwood Springs on, Monday, the2lst day of July A.D. 200S, there were present: ,.,Jo,,.hn...._,_M~artJ,.._.,_'n.,_ __________ ~, Commissioner Chairman ~Lam=~M=cC=own=----------'' Commissioner ~T=re=s~i H=ou~p=t~<A~b=s=tain='=e=d~l ________ , Commissioner ~C.,ar..,occlYD'-"-'D""ahl=gr=en"---------~· Deputy County Attorney "'Je.,an!!LI:Al"'-"'be"'n,,· "'------------~ Clerk of the Board ~Ed=Gr=ee~n~-----------~• County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2008-93 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PERSONAL SPECIAL USE PERMIT TO ALLOW A CONTRACTORS YARD WITHIN THE AGRICULTURAL RESIDENTAL RURA[, DENSITY (ARRD) ZONE DISTRICT ON A PROPERTY OWNED BY J. BRUCE AND ANN DEE SNODE, DESCRIBED AS 0918 COUNTY ROAD 352, RIFLE, GAFIELD COUNTY AND OPERA TED BY HOGBACK TRUCKING PARCEL NO# 217918400418 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Bruce Snode for a Personal Special Use Pennit ("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 21" day of July, 2008 upon the question of whether the above described Personal SUP should be granted or denied, at which bearing 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.) That proper public notice was provided as required for the hearing before the Board 1 _, 1111 Wi. l'MllJl,Nl!,l'lilr,r"'lll,l~t-1\(!W\'Ur\l,IM: ~·~ 11111 Recepl iontt: 753647 • CB/CSl2CD8 10:19:43 RM Jean Alberico 2 of 5 Rec Fee:$0.00 Doc Fee:iL00 GARFIELD COUNTY CO of County Commissioners; 2.) That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting; 3.) The Application is in conformance with Garfield County Zoning Resolution ofl 978, as amended; 4.) That for the above stated and other reason, the proposed Special Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Personal Special Use Permit to allow a Contractor's Yard on property owned by Bruce Snode and operated by Hogback Trucking 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 WI. ~l~1rJ1,Mll.\l.lll.lllj1l,H11'11ifMMll 'lllll. l!NI ~I~ 111111 Receptjon": 753647 09/06/~GB 10:19:43 Pl'\ Jean Alberico 3 of 5 Rer:i Fee,$0.00 Doc Fee.:0.00 GARFIELD 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. 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. h. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. i. Any storage area for uses not associated v.ith natural resources shall not exceed ten (10) acres in size. j. 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. At no time shall the total number of vehicle storage associated v.ith this Contractor's Yard exceed five (5) tractor trailer semi trucks and seven (7) "Bobtail" trucks. All vehicle storage shall occur within the identified 21,000 square foot storage area at all times. 4. The total area to be used for vehicle storage shall not exceed 21,000 square feet and shall occur within the area identified by the Applicant in the Special Use Permit. 5. The Applicant shall obtain and abide by all access or driveway permits from the Garfield County Road and Bridge Department. 6. In order to control dust, the Applicant shall periodically treat the driveway and storage area with an approved dust suppressant. 7. All vehicles associated with this Special Use Permit must be licensed and in compliance with State and Federal requirements .. 8. As neither a plan for handling water runoff from vehicle washing nor a demonstration of adequate water rights have been submitted, no vehicle washing shall occur as a permitted use associated with this Special Use Permit. 9. The Applicant shall submit an updated site plan to reflect the representations as made to the Board of County Commissioners on July 21, 2008. This site plan shall identify the specified 21,000 square foot vehicle storage area to replace the previously represented 3 111111 Wl,~'.i«iPJl,Mll.~1.~1.Wl':!ol!l~N'l~lla'Mofl~ ~·y 11111 Rece~tiontt: 753647 OB/06/2000 10:19:43 An Jean Alberico 4 of 5 Rec Fee:SC.00 Doc Fea,0.00 GP,qFlELD COUNTY CO 7500 square foot vehicle storage area. This site plan shall be submit1ed for review by the · Planning Department prior to issuance of the Special Use Permit. 10. This Special Use Permit is a personal permit, shall only be valid and in effect only while the subject property is owned by J. Bruce and Ann Dee Snode. Upon conveyance of the subject property to another party, this Special Use Permit shall be null and void, expiring of its own terms without revocation by the BOCC or relinquishment by the Applicant. This SUP does not "run with the land". • A.D. 2008 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO•llt'JJt>"- k of the Board Upon motion duly made and seconded the foreg following vote: --- ""C~O~MMJ"""~S=SI~O~N~E~R~C~H=AIR~~JO=HN...,~F~.MAR~~T=IN~------~'Aye =C=O=MMJ==S=SI=O~NE=R~L~ARR=,=-Y~L=·~M=C=C~O~WN~--------~' Aye. ,,,C,,O,,,MMJ""""S"'S,,_IO""N~E.,,R"-TRE~,,.S~I ~H~O""U._PT,___ _________ ~. (Abstain) STATEOFCOLORADO ) )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 4 1111111 Ml'l.~'~lf/l,Mll.llVll,llVll ,W(.l~~M'r 'l'ii\1,\1!~ ~·~ 111111 Receplion~: 153647 08/0612008 10:19:43 AM Jean Albarico S of S Rec Fee:$0.00 Doo Fee:0.GO GARFJELD COUNTY CO Commissioners for said Garfield County, now in my office. IN WI1NESS 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