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HomeMy WebLinkAbout1.0 ApplicationJAN 151616 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.corn LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review ❑ Limited Impact Review ❑ Major Impact Review ❑ Amendments to an Approved LUCP ;-LIR ❑MIR D SUP ❑ Minor Temporary Housing Facility ❑ Vacation of a County Road/Public ROW ❑ Location and Extent Review O Comprehensive Plan Amendment O Pipeline Development ❑ Development in 100 Year Floodplain ❑ Development in 100 -Year Floodplain Variance ❑ Code Text Amendment ❑ Rezoning ❑ Zone District❑ PUD ❑ PUD Amendment ❑ Administrative Interpretation ❑ Appeal of Administrative Interpretation ❑ Areas and Activities of State Interest ❑ Accommodation Pursuant to Fair Housing Act ❑ Variance O Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: 1g Aft Mailing Address: 6/e4000. 0 vo0X 3075 City: 4 �/�f SS State: CO Zip Code: glod 1- E -mail: '►rad 1 7 c, s fArprIY'.kc) / o 6 dcr Representative (Authorization Required) Name: M t K6 t—f ir) K(-0/ Phone: ( 970) 963-3(13.-C Mailing Address: Po 3co)( Q9 City: LE State: C U Zip Code: 6 2 3 PROJECT NAME AND LOCATION Project Name: 0112:1_ 1 Phone: ) 3709 E-mail: tyl 0 itcret ► r ACLS l c? . Coli') v✓1 Ty Assessor's Parcel Number: Z - 3 6 3 - 0 0 - 0 6 (3 Physical/Street Address: 1O 8 Co �,+r aeQ /DCS a r�0. Co g`623 Legal Description: 5?e a/-74-t6e Zone District: 4, vYtkot Property Size (acres): 3C, 311 /t5 PROJECT DESCRIPTION Existing Use: IV) V\ MarkiTt�r1„NcE R/-�c(Lcry Proposed Use (From Use Table 3-403): /MR= IM ✓'i w i 6Nmit)C6:” rfqct (r 7"y Description of Project: f �L r I � to s M t vl Or o A, t T .k ca. l ?art aft I t e, ...--4-(0,-, f 5 -Q- (as.CI\cong.e (Inn +o e FLysica.( S-{---rv<-_--fro,re or\ .y.—Fir\e. C_ch,-) {-1 J of9(oJeek per es-is"Hv5 (.0.‘,0C use prev(O s (/ aly,^ovc4X 6/ &,v---Fie4 Colin -e/ av-E tin cLcty c . REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a W. - o Standards per Section 4-118. List: Section: Section: Section: Section: I have read th correct an Si s above and have provided the required attached information which is the bes - y knowledge. roperty Owner OFFICIAL USE ONLY File Number: ✓ 1 - X i I Fee Paid: $ 30 • Co 1-7-16 Garfield County Community Development 108 8th street, Suite 401 Glenwood Springs, CO 81601 RE: MRI Maintenance Building 1058 County Road 100 Carbondale, CO 81623 Mr. Hartmann, MRI is requesting a minor amendment (administrative review) to our Land Use Change Permit at 1058 County Road 100 Carbondale, CO 81623. Attached are all documents required per Garfield County Land Use and Development Code 4-106. Amendments to an Approved Land Use Change Permit. The request is to modify the current 42,000 square foot building that contains both the maintenance facility and the transfer station/recycle center into two separate buildings. Buildings would remain on the current footers that have been in place since the 1960's. The use of the buildings would remain the same as approved in our land use change permit that was recorded 6-2-14. Visually, the new maintenance facility building will be shorter than current building and it will be constructed in a color that is consistent with the hillside. We believe that our application for the minor change clearly fulfills all 9 review criteria. Sincerely, Don Van Devander October 23, 20131 IRMW 7 PARCEL II PROPERTY DESCRIPTION A parcel of land situated in Lots 12, 14 & 15 of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian, Lots 15 & 24 of Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian, Lot 4 of Section 1, Township 8 South, Range 88 West of the 6th Principal Meridian and Lot 1 of Section 2, Township 8 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado. Said parcel of land being more particularly described as follows: Beginning at the northeast boundary corner of Government Lot 4, Section 1, Township 8 South, Range 88 West of the 6th Principal Meridian; monumented by a #6 rebar and 2" aluminum cap L.S. #28643 properly marked and found in place; thence S.02°14'44"E along the easterly boundary of said Government Lot 4, a distance of 86.29 feet to a point being the northeasterly boundary corner of that parcel of land described in Book 967 at Page 777 of the Garfield County records. thence along the northerly boundary of said parcel of land recorded in Book 967 at Page 777 the following four (4) courses: 1) S.89°36'52"W., a distance of 525.68 feet; 2) S.80°18'00"W., a distance of 1,201.66 feet; 3) N.88°27'01 "W., a distance of 360.00 feet; thence leaving said northerly boundary of said parcel of land recorded in Book 967 at Page777 N.38°15'00"E., a distance of 830.00 feet; thence N.86°00'00"W., a distance of 444.00 feet; thence N.45°00'00"W., a distance of 50.00 feet; thence N.90°00'00"W., a distance of 60.00 feet; thence N.78°00'00"W., a distance of 150.00 feet; thence N.83°30'00"W., a distance of 130.00 feet; thence N.78°00'00"W., a distance of 100.00 feet; thence N.76°25'00"W., a distance of 100.00 feet; thence N.72°30'00"W., a distance of 125.00 feet; thence N.15°15'00"E., a distance of 75.00 feet; thence N.70°00'00"W., a distance of 75.00 feet; thence N.77°00'00"W., a distance of 190.00 feet; thence N.44°55'59"W., a distance of 54.45 feet to a point on the southerly Right -of -Way of the Denver & Rio Grande Railroad -Aspen Branch as defined on the Carbondale Segment Railroad Right -of -Way Survey preformed by Farnsworth Group for the Roaring Fork Transit Authority; 1502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sorais ENGINEERING • LLC civil consultants thence along said southerly Right-of-Way S.87°34'42"E., a distance of 675.00 feet to a point on the southerly boundary line of a portion the J.W. Campbell & M.D. Campbell Claims (including Lots 12 & 13 of Section 35, and Lot 15 of Section 36, Township 7 South, Range 88 West of 6th Principal Meridian) also being a point on the northerly boundary of Government Lot 14, Section 35 &, Township 7 South, Range 88 West of the 6th Principal Meridian monuinented by a found #6 rebar and 3 1/4 inch aluminum (R.F.T.A. Right-of-Way) cap L.S. #16401; thence along said southerly boundary of said Claim lines N.89° 17'55"E., a distance of 1,637.67 feet to a point on the said southerly Right-of-Way monumented by a found #6 rebar and 3 1/4 inch aluminum (R.F.T.A. Right-of-Way) cap L.S. #16401; thence leaving the southerly boundary of said Claim lines N.88°52'34"E., along said southerly Right-of- Way a distance of 40.48 feet to a point on the westerly boundary of a parcel of land described in Book 913 at Page 635 of the Garfield County records; thence leaving said southerly Right-of-Way S.00°00'00"E., along the boundary of said parcel of land described in Book 913 at Page 635 a distance of 299.23 feet; thence continuing along the boundary of said parcel of land described in Book 913 at Page 635 S.52°2295"E., a distance of 713.38 feet to point being on the northerly boundary of Government Lot 4, Section 1, Township 8 South, Range 88 West of the 6th Principal Meridian; Thence continuing along the boundary of said parcel of land described in Book 913 at Page 635 and the northerly boundary of said Government Lot 4, S.89°31'59"E., a distance of 38.08 feet to the northeast boundary corner of said Governinent Lot 4, the point of beginning; Said parcel of land containing 35.314 acres, more or less. COUNTY OF GARFIELD STATE OF COLORADO 1111101101MEriiMMY,;til, :1 1FPANF111111 x,11111 Reception#: 870545 11/17/2015 03:44 14 PM Jean Rlbertco 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY (C.R.S. §38-30-172) CONFORMED COPY 1. This Statement of Authority relates to an entity named IRMW II, LLC. 2. The type of entity is a Limited Liability Company. 3. The entity is formed under the laws of the STATE OF COLORADO. 4. The mailing address for the entity is P.O. Box 2447, Glenwood Springs, Colorado 81601. 5. The name and position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of IRMW II, LLC is: Don VanDevander, Manager 6. The authority of the foregoing person to bind IRMW II, LLC is unlimited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. §38-30-172. Executed this 7th day of July, 2015. IRMW II, LLC, a Colorado limited li By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Don VanDevander, Manager The above and foregoing instrument was acknowledged before me this 7th day of July, 2015, by Don VanDevander as Manager of IRMW II, LLC, a Colorado limited liability company. Witness my hand and seal. My commission expires: ;jiff_ Notary Public aor. BRITT J. CHOATE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #1997400162017 My Commission Expires July W-U,rn +0 Lawrence R. Green P.O. Drawer790 Glenwood Sprirgs, CO 81 Mountain Waste Mountain Waste & Recycling was formed in May 2015 by the merger of M.R.I. and Intermountain Waste & Recycling. The new company, Mountain Waste & Recycling is owned by the prior members of M.R.I. & Intermountain Waste & Recycling that wished to remain in the solid waste and recycling business. Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") d R ni V� It "" Pfcpf r#r agree as follows:/ 1. The Applicant has submitted to the County an application for the following Project: infencivicet;17 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, 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: /h (k �� H r AK Phone: (g 70) 963-3"13-r Billing 63-3cf3.- Billing Contact Address: Po. `c')( 997, /USS Co,,, -1-7 Roc, 10O City: CSR 3 c��% L C State: CO Zip Code: 8/ 6 23 Billing Contact Email: �'' kc= • A' n L (e yg 0,0„ w4 s fee, C o#1-► Printed Name of Person Authorized to Sign: 01 I. 1(e �� I K LE Y (Signatu e �an✓ar� ! 2 of (Date) IRMW II/MOUNTAIN ROLL -OFFS INC MINOR MODIFICATION 1058 COUNTY ROAD 100 CARBONDALE, CO 81623 REVIEW CRITERIA 1)The Proposed modifications meet all requirements of the code. 2)The proposed modifications do not conflict with the Comprehensive Plan. 3)The proposed modifications do not change the character of the development. 4)The proposed modifications do not alter the basic relationship of the development to the adjacent property. We would make the case that the lower building height and the color of the new building blending into the natural colors of the nearby hillside are significant visual improvement. 5)The proposed modifications do not change the uses permitted. 6)The proposed modifications do not require amendment or abandonment of any easements or rights-of-way. 7)The proposed modifications do not increase the density. 8)The proposed modifications do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district. 9)The proposed modifications do not decrease the amount of dedicated open space; the size or change in locations, lighting, or orientation of originally approved signs, or any zone district dimension. Page 1 of 1 Glick on the Image below to download as a PC HARRISBURG BUS GARAGE 19,104 SQ. FT. ( HARRISBURG, SD FEATURES: Merle binding complex, portal frame bracing ROOF PANEL: Sierra Madre MSC (Mechanically Seamed Construction) WALL PANEL: Parchment AP (kcMechual Panel) IA/" S nlicriAr-e QUI Nr- http://www.chiefbuildings.com/assets/img/portfolio/vehicle/2011 %20-%20Gil%20Haugan... 7/24/2015 VIII naih, J» ri r lerVLCIN 11111 Reception#: 829910 01/14/2013 01:58:18 PM Jean Alberico 1 of --8 Rec Fee $0.00 Doc Fee:0.00 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 Administration Building in Glenwood Springs on Tuesday, the 11t day of December A.D. 2012, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Frank Hutfless Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ?013- 06 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A SOLID WASTE TRANSFER FACILITY AND A RECYCLING PROCESSING FACILITY ON A 35.3 ACRE PROPERTY OWNED BY IRMW II LLC, LOCATED AT 1058 COUNTY ROAD 100, IN SECTIONS 35 AND 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST AND SECTIONS 1 AND 2, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL #2393-363-00-063 Recitals A. The Board of County Commissioners of Garfield County, Colorado ("Board"), received a request for a Land Use Change Permit to allow for a Solid Waste Transfer Facility and a Recycling Processing Facility as further described in Exhibit A, SITE PLAN ("Facility"). B. The Facility is located within a 35.3 acre parcel of land owned by IRMW II LLC. The ownership of this property is described in a Warranty Deed found at Reception Number 819166 in the records of the Garfield County Clerk and Recorder. The application was filed in conjunction with the Facility operator, Mountain Roll -Offs Inc. ("MRI"). C. The subject property is located within unincorporated Garfield County in the Industrial (1) Zone District, at 1058 County Road 100, Carbondale, CO 81623, approximately 1 mile east of the Town of Carbondale. 1 111! NA. Mi la 1 �71 � ir�4'Mdr`I ;I ' 1i#1 '� 1111 Reception#: 8Z9910 01/14/2013 01:58:18 PM Jean Plberico 2 of 9 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO D. The application was deemed to be "technically complete" by the Building and Planning Department on July 27, 2012, thus the Garfield County Unified Land Use Resolution of 2008, as amended prior to August 13, 2012 ("ULUR"), applied to this application. E. "Solid Waste Transfer Facility" and "Recycling Processing Facility" are land uses which may be permitted in the Industrial Zone District with a Limited Impact review. F. The Board is authorized to approve, approve with conditions, or deny a Limited Impact application. Approval or approval with conditions may result in issuance of a Land Use Change Permit pursuant to the ULUR. G. On September 10, 2012 the Board conducted a site visit to the IRMW II parcel. H. The Board opened a public hearing on September 17, 2012, to consider whether the proposed Land Use Change Permit should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Board continued the public hearing to November 19, 2012, for the purpose of receiving additional information. I. The Board re -opened the continued public hearing on November 19, 2012, and took additional testimony and public input on the Application. The Board continued the public hearing to December 11, 2012, for the purpose of reviewing additional technical information. J. The Board again re -opened the continued public hearing on December 11, 2012, and took additional testimony and public input on the Application. The Board closed the public comment and evidentiary portions of the hearing on the 11th day of December, 2012 to deliberate and make a final decision. K. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing 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 hearing. 3. That for the above stated and other reasons the proposed Land Use Change Permit, Limited Impact Review for a Solid Waste Transfer Facility and Recycling Processing Facility submitted by IRMW II and located at 1058 County Road 100 is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 2 111 I ♦ ozfirmi IN 11111 Reception#: 829910 01!14!2013 01:58:18 PM Jean Alberico 3 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions, the application has adequately met the requirements of the ULUR. 6. That the proposed use is located in the Industrial Zone District and that with the adoption of conditions is found to be compatible with surrounding uses in accordance with ULUR Section 7-103. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Solid Waste Transfer Facility and Recycling Processing Facility requested by property owner IRMW II LLC, and operator MRI is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application, and at 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 operation of this facility and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including, but not limited to, permitting and review by the Colorado Department of Public Health and Environment ("CDPHE"). 3. The Applicant shall maintain compliance with the provisions of the Unified Land Use Resolution of 2008 including but not limited to 7-810, Standards for Industrial Uses including the screening of outdoor storage or demonstration of effective screening through topography and berms. 4. Prior to operation of the facility, the Applicant shall provide a weed inventory of the site and a weed management plan. The plan shall be reviewed and approved by the County's Vegetation Manager. 5. Heavy truck haul routes shall be limited to County Road 100, east of the facility, and access directly to Highway 82 in accordance with the County Road and Bridge referral comments. 3 1111 IIS' nit'Al#4,+,1411Mi ifillM I0MIlli 11111 Reception#: 829910 01/14/2013 01:58:18 PM Jean Rlberico 4 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO a. In order to mitigate the health, safety and welfare impacts posed by heavy trucks on the Catherine's Store County Road 100 Bridge, Applicant shall contribute 35% of $504,680 towards the realignment of the Bridge. This amount represents Applicant's proportional share of increased impact generated by Applicant's use in light of the Preliminary Engineer's Opinion of Probable Costs for widening the Bridge. Should the actual total project costs be less than $504,680, Applicant's contribution shall be 35% of the actual costs. This amount shall be paid at the time the County begins construction of improvements to the Bridge. b. Improvements at the existing access shall be required in accordance with the County Road and Bridge review reflected in their 8/30/12 referral comments including turning and acceleration lanes. c. An updated access permit from Road and Bridge shall be required and the final access plan shall be subject to RFTA approval regarding trail improvements and safety. Access approvals shall be finalized prior to issuance of the Land Use Change Permit. d. The Applicant shall be limited to a maximum of 5 heavy truck round trips per day, averaged on a weekly basis, until the Catherine Store Bridge is repaired or replaced. 6. The Applicant's Facility will only be open to MRI and MRI's subcontractors, and shall not be open to the public. 7. Prior to operation of the facility the Applicant shall provide documentation of compliance with all CDPHE Air Quality and Water Quality Regulations including Storm Water Management, Industrial Stormwater Discharge Permits, and Air Pollutant Emissions Notices (APEN) as may be required. Compliance shall include proper spill prevention and protection for all storage including waste water storage and fuel storage. 8. The Individual Sewage Disposal Systems shall be evaluated by the Garfield County Building and Planning Department and any upgrades or improvements required shall be installed prior to operation of the facility. Prior to operation of the facility the Applicant's Fire Protection Plan shall be reviewed and approved by the Carbondale Fire Protection District and the Garfield County Building Department. In addition, engineered plans for the installation of the fire protection tanks on the upper slope/bench shall be provided for review and approval by the county including outside consulting engineers as necessary. The main operations building shall be equipped with a fire suppression sprinkling system as required by the Building Code and subject to approval by the Garfield County 4 1111 re PTrib 'ilti Nk rif ik 11111 Reception#: 829910 01!1412013 01:58:18 PM Jean Rlberico 5 of 9 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO Building Department and Carbondale Fire Protection District. Plans shall provide adequate water storage for operation of the system including minimum water levels to be maintained and monitored in the fire suppression storage tanks at all times. 10. All improvements or modifications to existing buildings on the site shall be subject to obtaining all required Building Permits and compliance with all building code requirements. The Building permit review shall include additional engineering evaluation of the potential for building protection from rock fall and hyper - concentrated debris mud flows. All grading activity on the site shall require grading permits and revegetation in accordance with County Regulations. 11. Prior to the issuance of the Land Use Change Permit, the Applicant shall demonstrate that all utility relocations have been approved by Holy Cross Electric and any easements required for said relocations have been shall established and properly recorded. 12. Within 30 days of adoption of a Resolution of Approval and in any case prior to the issuance of the Land Use Change Permit the Applicant shall remove all non- compliant uses from the property or obtain appropriate building permits. The Applicant shall also demonstrate that the current uses including storage and servicing of portable toilets and the small scale recycling operation are currently in compliance with the County codes (ULUR) or will be permitted under the proposed Land Use Change Permits. 13. Hours of operation for the recycling processing equipment and operation of the solid waste transfer floor (i.e. emptying of trucks and loading of haul vehicles) shall be limited to 6:00 a.m. to 7:00 p.m. Monday through Saturday. Other maintenance operations may occur within the main operations building outside of those hours and days but shall be subject to compliance with State and County regulations on noise limits. Startup or idling of trucks prior to 6:00 a.m. or after 7:00 p.m. shall be limited to a total of 5 trucks at any one time. Other industrial activities on the site shall comply with operation and noise limits contained in the ULUR. 14. The site plan shall be updated with additional details on the location of the fueling operation and outside recycling storage areas. In addition the propane use proposed to remain on site needs to document that it is in compliance with all applicable State and Federal Regulations. Referral comments from the Carbondale Fire Protection District on the propane operation shall also be required. 15. The Applicant shall comply with the wildlife impact mitigation recommendations provided by the Applicant's Environmental Consultant ERO Resources Corporation. 16. The Applicant shall expand dust mitigation plans for the site with additional details on timing for application of magnesium chloride to the drivable surfaces. Dust 5 1111IiMi i .w Pi 11 Ili Reception#: 829910 01/14/2013 01:56:19 PM Jean A!berico 6 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO mitigation for areas of the site that have not been re -vegetated from previous grading activities shall also be provided. Re -vegetation and stabilization is a preferred option and shall be coordinated with the County Vegetation Manager. 17. The Facilities shall be limited to the areas of the site (dimensions) and capacities indicated in the submittals. Any expansion beyond the Application representations shall require submittal of an appropriate Land Use Change application for review by the County. The facility shall be limited to the traffic generation estimates contained in the Traffic Report and including an opening day estimate of 5 heavy truck waste transport round trips per day and a maximum of 10 such round trips at full capacity. Limitation on truck trips shall be averaged on a weekly basis. 18. The Applicant shall post a 4' x 8' sign with the Emergency Contact information, consistent with past practice of the Board, on the site to facilitate public communication should compliance issues occur. 19. Prior to issuance of the Land Use Change Permit, the Applicant shall demonstrate to the County that they have obtained all required permitting from the CDPHE for a Solid Waste Transfer Facility and Recycling Processing Facility. Further the Applicant shall demonstrate compliance with any conditions contained within said permits. The Applicant shall provide the County with copies of any notices of any violations, or remedial actions required by the CDPHE. The Applicant shall make the facility available for inspection upon request of the Garfield County Zoning Enforcement Officer. 20. The site shall be fenced and securely gated consistent with CDPHE standards and recommendations for site protection and control. 21. Prior to issuance of the Land Use Change Permit, the Applicant shall provide additional Application materials and documents, including updated operations plans, to demonstrate compliance with all CDPHE comments contained in the November 8, 2012, Detailed Review Letter from John O'Rourke, Solid Waste and Material Management Program. Written confirmation of compliance from the CDPHE shall be required. 22. Prior to the issuance of the Land tJse Permit, the Applicant shall update the drainage plan for the site to include the following: a. Engineered drainage plans for the facility entrance to ensure that drainage does not impact the County Road. b. Engineered drainage plans for the drainage detention and outfall east of the main building to ensure that it does not result in discharge of sediment or debris off-site. 6 11111111KKIIIIVAINC,Klifillifflallkiilirl 1111 Reception#. 829910 01/14/2013 01:58:18 PM Jean Rlberico 7 of 9 Rec Fee$0.00 Doc Fee:0.00 GARFIELD COUNTY CO c. A plan for improving the current condition of drainage facilities to acceptable operational conditions including cleanup, stabilizing slopes, re -vegetation and weed removal, and locating and cleaning out culverts. d. Update the Operations Plan to include a long term maintenance plan to ensure that the drainage facilities will be maintained and operated as designed. Said plan shall document IRMW II's right to access and maintain the drainage across IRMW I property. 23. Representations contained in the Application and Operation Plan shall be conditions of approval including, but not limited to, representations regarding all dumping and transfer of trash will occur in the load -out building, implementation of odor suppression systems, pest control, site maintenance, covered and sealed vehicles for transportation of waste, use of white noise back-up alarms, removal of trash within 24 hours, any trash stored overnight shall be covered, floor drain systems, washing of vehicles within the building, and installation of a concrete floor system covering the entire floor of the operations building. 24. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the facility, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 25. Notice to the County of a pending sale or a change in ownership shall be required and shall immediately trigger the filing of a report by the new ownership to confirm that all representations of the current Applicant shall be complied with including the Operations Plan and all CDPHE permitting. The operations plan shall be reviewed and approved by the Board of County Commissioners at a public meeting, prior to operation by the new owner. Dated this j ATTEST: day of QiA,c,3,_ , A.D. 20 / 3 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY OLO'•DO rk of the Board 7 ■1111$ AINJ; CPN IO ,0151 14 ICH 1 Reception#: 829910 01/14/2013 01:58-18 PCI Jean Alberico 6 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 1, , 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 8 rlll KI rel , INAVC 11111 Reeeptiont%. 829910 01114/2013 01:5818 PM Jean Albericc 9 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" - SITE PLAN A Full Size Copy of the Site Plan Exhibit is on File with the Garfield County Building and Planning Department 9 111114tilikrdy4,1u,61 1.flkiiiiil k11.14 11111 Receptions# : 849875 06104i2014 11.06 28 PM Jean Rlberico 1 of 5 Rec Fee -$D 00 Doc Fee:0.00 GARFIELD COUNTY CO LAND USE CHANGE PERMIT for A Parcel of Land Owned by IRMWII LLC, located approximately 1 mile east of the Town of Carbondale, at 1058 County Road 100, in Sections 35 and 36, Township 7 South, Range 88 West and Sections 1 and 2, Township 8 South, Range 88 West, of the 6th P.M. and Legally Described in a Warranty Deed found at Reception Number 819166 in the records of the Garfield County Clerk and Recorder. (Assessor's Parcel No. 2393-363-00-063) In accordance with and pursuant to provisions of the Garfield County Unified Land Use Resolution of 2008, as in effect at the time of the Application, and Resolution No. 2013- 06 of the Board of County Commissioners of Garfield County, State of Colorado, the following activity is hereby authorized by Land Use Change Permit: Solid Waste Transfer Facility and a Recycling Processing Facility (LIPA —7280) This Land Use Change Permit — Limited Impact Review is issued subject to the conditions contained in Resolution No. 2013-06 and set forth in Exhibit "A" and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008 as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, 3ARFIELD CO TY, COLORADO )Date erk of the Board ■III MIP.rR1144' I1.d41ttliiirkAl,f04940, . 1,1 1i4 111111 Recept.ion4: 849875 08;0112014 11.0628 AM Jean Alberico 7 o' 5 Rec. Fee $0 00 Doc Fee : 0 00 GPRF IELD C01lNTv •00 Exhibit A (page 1 of 4) 1 That all representations made by the Applicant in the application, and at 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 operation of this facility and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including, but not limited to, permitting and review by the Colorado Department of Public Health and Environment ("CDPHE"). 3. The Applicant shall maintain compliance with the provisions of the Unified Land Use Resolution of 2008 including but not limited to 7-810, Standards for Industrial Uses including the screening of outdoor storage or demonstration of effective screening through topography and berms. 4. Prior to operation of the facility, the Applicant shall provide a weed inventory of the site and a weed management plan. The plan shall be reviewed and approved by the County's Vegetation Manager. 5. Heavy truck haul routes shall be limited to County Road 100, east of the facility, and access directly to Highway 82 in accordance with the County Road and Bridge referral comments. a. In order to mitigate the health, safety and welfare impacts posed by heavy trucks on the Catherine's Store County Road 100 Bridge, Applicant shall contribute 35% of $504,680 towards the realignment of the Bridge. This amount represents Applicant's proportional share of increased impact generated by Applicant's use in light of the Preliminary Engineer's Opinion of Probable Costs for widening the Bridge. Should the actual total project costs be Tess than $504,680, Applicant's contribution shall be 35% of the actual costs. This amount shall be paid at the time the County begins construction of improvements to the Bridge. b. Improvements at the existing access shall be required in accordance with the County Road and Bridge review reflected in their 8/30/12 referral comments including turning and acceleration lanes. c. An updated access permit from Road and Bridge shall be required and the final access plan shall be subject to RFTA approval regarding trail improvements and safety. Access approvals shall be finalized prior to issuance of the Land Use Change Permit. d. The Applicant shall be limited to a maximum of 5 heavy truck round trips per day, averaged on a weekly basis, until the Catherine Store Bridge is repaired or replaced. I% NI,11rftil'i' 1Y','Y1i1NE 1! fI� Reception#: 849875 06/04/2014 11:06:28 GM Jean Rlberico 3 of 5 PPC PPP'$0 00 Doc Fee 0 CO GRRFIFI_D COLAVY 00 Exhibit A (page 2 of 4) 6. The Applicant's Facility will only be open to MRI and MRI's subcontractors, and shall not be open to the public. 7. Prior to operation of the facility the Applicant shall provide documentation of compliance with all CDPHE Air Quality and Water Quality Regulations including Storm Water Management, Industrial Stormwater Discharge Permits, and Air Pollutant Emissions Notices (APEN) as may be required. Compliance shall include proper spill prevention and protection for all storage including waste water storage and fuel storage. 8. The Individual Sewage Disposal Systems shall be evaluated by the Garfield County Building and Planning Department and any upgrades or improvements required shall be installed prior to operation of the facility. 9. Prior to operation of the facility the Applicant's Fire Protection Plan shall be reviewed and approved by the Carbondale Fire Protection District and the Garfield County Building Department. In addition, engineered plans for the installation of the fire protection tanks on the upper slope/bench shall be provided for review and approval by the county including outside consulting engineers as necessary. The main operations building shall be equipped with a fire suppression sprinkling system as required by the Building Code and subject to approval by the Garfield County Building Department and Carbondale Fire Protection District. Plans shall provide adequate water storage for operation of the system including minimum water levels to be maintained and monitored in the fire suppression storage tanks at all times. 10. All improvements or modifications to existing buildings on the site shall be subject to obtaining all required Building Permits and compliance with all building code requirements. The Building permit review shall include additional engineering evaluation of the potential for building protection from rock fall and hyper - concentrated debris mud flows. All grading activity on the site shall require grading permits and revegetation in accordance with County Regulations. 11. Prior to the issuance of the Land Use Change Permit, the Applicant shall demonstrate that all utility relocations have been approved by Holy Cross Electric and any easements required for said relocations have been shall established and properly recorded. 12: Within 30 days of adoption of a Resolution of Approval and in any case prior to the issuance of the Land Use Change Permit the Applicant shall remove all non- compliant uses from the property or obtain appropriate building permits. The Applicant shall also demonstrate that the current uses including storage and servicing of portable toilets and the small scale recycling operation are currently in compliance with the County codes (ULUR) or will be permitted under the proposed Land Use Change Permits. 1111 fii!'1 11111 Reception#: 849875 06104/2014 11.06 28 AM Jean Alberioo 4 of 5 Rec Fee:$0 00 Doc Fee -0 00 GARFIELD COON -v CO Exhibit A (page 3 of 4) 13. Hours of operation for the recycling processing equipment and operation of the solid waste transfer floor (i.e. emptying of trucks and loading of haul vehicles) shall be limited to 6:00 a.m. to 7:00 p.m. Monday through Saturday. Other maintenance operations may occur within the main operations building outside of those hours and days but shall be subject to compliance with State and County regulations on noise limits. Startup or idling of trucks prior to 6:00 a.m. or after 7:00 p.m. shall be limited to a total of 5 trucks at any one time. Other industrial activities on the site shall comply with operation and noise limits contained in the ULUR. 14. The site plan shall be updated with additional details on the location of the fueling operation and outside recycling storage areas. In addition the propane use proposed to remain on site needs to document that it is in compliance with all applicable State and Federal Regulations. Referral comments from the Carbondale Fire Protection District on the propane operation shall also be required. 15. The Applicant shall comply with the wildlife impact mitigation recommendations provided by the Applicant's Environmental Consultant ERO Resources Corporation. 16. The Applicant shall expand dust mitigation plans for the site with additional details on timing for application of magnesium chloride to the drivable surfaces. Dust mitigation for areas of the site that have not been re -vegetated from previous grading activities shall also be provided. Re -vegetation and stabilization is a preferred option and shall be coordinated with the County Vegetation Manager. 17. The Facilities shall be limited to the areas of the site (dimensions) and capacities indicated in the submittals. Any expansion beyond the Application representations shall require submittal of an appropriate Land Use Change application for review by the County. The facility shall be limited to the traffic generation estimates contained in the Traffic Report and including an opening day estimate of 5 heavy truck waste transport round trips per day and a maximum of 10 such round trips at full capacity. Limitation on truck trips shall be averaged on a weekly basis. 18. The Applicant shall post a 4' x 8' sign with the Emergency Contact information, consistent with past practice of the Board, on the site to facilitate public communication should compliance issues occur. 19. Prior to issuance of the Land Use Change Permit, the Applicant shall demonstrate to the County that they have obtained all required permitting from the CDPHE for a Solid Waste Transfer Facility and Recycling Processing Facility. Further the Applicant shall demonstrate compliance with any conditions contained within said permits. The Applicant shall provide the County with copies of any notices of any violations, or remedial actions required by the CDPHE. The Applicant shall make the facility available for inspection upon request of the Garfield County Zoning Enforcement Officer. 20. The site shall be fenced and securely gated consistent with CDPHE standards and recommendations for site protection and control. ■![! El'al It11,H1i, 'Nl 'ifiril I h'lIGrill& It II Reception4: 849875 05:04r201a 11 08.28 AM Jean Alberico 5 of 0 Rec Fee:$0 00 Doo Fee:O 00 GARFIELD COUNTY CO txnrait A (page 4 of 4) 21. Prior to issuance of the Land Use Change Permit, the Applicant shall provide additional Application materials and documents, including updated operations plans, to demonstrate compliance with all CDPHE comments contained in the November 8, 2012, Detailed Review Letter from John O'Rourke, Solid Waste and Material Management Program. Written confirmation of compliance from the CDPHE shall be required. 22. Prior to the issuance of the Land Use Permit, the Applicant shall update the drainage plan for the site to include the following: a. Engineered drainage plans for the facility entrance to ensure that drainage does not impact the County Road. b. Engineered drainage plans for the drainage detention and outfall east of the main building to ensure that it does not result in discharge of sediment or debris off-site. c. A plan for improving the current condition of drainage facilities to acceptable operational conditions including cleanup, stabilizing slopes, re -vegetation and weed removal, and locating and cleaning out culverts. d. Update the Operations Plan to include a long term maintenance plan to ensure that the drainage facilities will be maintained and operated as designed. Said plan shall document IRMW II's right to access and maintain the drainage across IRMW I property. 23. Representations contained in the Application and Operation Plan shall be conditions of approval including, but not limited to, representations regarding all dumping and transfer of trash will occur in the load -out building, implementation of odor suppression systems, pest control, site maintenance, covered and sealed vehicles for transportation of waste, use of white noise back-up alarms, removal of trash within 24 hours, any trash stored overnight shall be covered, floor drain systems, washing of vehicles within the building, and installation of a concrete floor system covering the entire floor of the operations building. 24. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the facility, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 25. Notice to the County of a pending sale or a change in ownership shall be required and shall immediately trigger the filing of a report by the new ownership to confirm that ail representations of the current Applicant shall be complied with including the Operations Plan and all CDPHE permitting. The operations plan shall be reviewed and approved by the Board of County Commissioners at a public meeting, prior to operation by the new owner. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-363-00-063 DATE: 1/7/16 PROJECT: IRMW2 Solid Waste Transfer and Recycling Processing Facility Minor Amendment OWNER: IRMW2 REPRESENTATIVE: Don Vandevander PRACTICAL LOCATION: 1058 County Road 100, Carbondale, CO 81623 TYPE OF APPLICATION: Amendment to a Limited Impact Review Land Use Change Permit I. GENERAL PROJECT DESCRIPTION Applicant is planning to request a modification to the plans/site plan for their approved Solid Waste Transfer Facility and Recycling Processing Facility (LIPA-7280). The approved site plan calls for the existing building to remain in place with the east end of the building being remodeled/upgraded for maintenance and related support uses. The Applicant's amendment request is to allow a portion of the east end of the building to be removed and replaced with a new metal building to house the maintenance and related support uses. The plans call for the footprint of the building to remain the same or be reduced slightly to accommodate a separation between the new building and the remaining existing building. Access and circulation around the building will remain consistent with the approved plans. No changes are anticipated for any technical plans including drainage, surfacing, utilities and infrastructure. No changes to the existing conditions of approval for the Limited Impact Review Land Use Change Permit are proposed. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The Applicant shall be required to address applicable provisions of the Garfield County Land Use and Development Code, as amended (LUDC) outlined as below: • Section 4-106: Amendments to an Approved Land Use Change Permit • Table 4-102: Common Review Procedures and Required Notice • Section 4-101: Common Review Procedures (noticing information) • Table 4-203 and Section 4-203: Application Submittal Requirements • Any Applicable Section of Article 7, Standards. The Applicant's proposal will be reviewed with the Director of the Community Development Department and the Planning Manager. In accordance with Section 4-10(B)(1) the Director will make a determination whether the Application meets the criteria for a Minor Modification. The criteria is found in Section 4-106(C) and is attached. Section 4-106(B)(1) indicates that the Director's Decision will be made following receipt of all necessary information. The Director will be consulted once an initial submittal is received to determine if additional information is needed in the submittal. In addition, if the request is determined to be substantial modification, Section 4-106(B)(1)(b)(1) indicates that the Director shall determine the contents of the application submission requirements and provide this information in writing to the Applicant. An initial outline of submittal requirements for the determination of whether the request meets the Minor Modification criteria is included in the pre -application summary under Section V. III. REVIEW PROCESS A. Pre -application Conference. B. Application Submittal and assessment whether all necessary information has been provided. C. Director Determination as to whether the Application meets the criteria for Minor Modification D. Application submittal and Completeness Review. E. Application needs to be submitted with 3 hard copies and one electronic .pdf format copy on a CD, memory card or similar removable storage device. F. Directors Decision for approval, approval with conditions, or denial. G. Notice of the decision will be provided to the BOCC and Applicant. It will become final after a 10 day call-up period provided no request for call-up is received. H. Issuance of the Land Use Change Permit will occur once all conditions have been met and after the expiration of the call-up period. I. If determined to be a Substantial Modification a new application will be required. Additional submittal information may be required, additional copies of the application may be needed and a Public Hearing before the Board of County Commissioners (BOCC) with appropriate notice would be scheduled. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. X None (if determined to be a Minor Modification) Planning Commission X Board of County Commissioners (if determined to be a Substantial Modification) Board of Adjustment If determined to be a minor modification referrals typically are not required unless a specific issue or concern is identified. Referrals to the County Attorney's Office is anticipated. V. SUBMITTAL REQUIREMENTS This following is a preliminary listing of submittal requirements based on the initial discussions with the Applicant and provided that the request is determined to be a minor modification. A. General Application Materials including application forms, agreement to pay form, authorizations to represent, proof of ownership, payment of application fees, copy of the pre -application meeting summary. B. Narrative description and details on the proposed modification to the plans for the maintenance portion of the building. C. Updated site plan if there are any changes. D. Copies of the existing approvals (Resolution No. 2013-06). E. Explanation on how the proposed modification would be consistent with and in compliance with the existing conditions of approval. F. Explanation on how the proposed modification would be consistent with the review criteria for a minor modification. G. Any changes to the outside of the building including signage. H. Any changes to fire protection or safety requirements based on the change in the building (including fire suppression sprinklering). I. Any changes to the water and wastewater systems serving the new portion of the building. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 (Amendment Request) $ tbd (Additional Staff time charged at hourly rate of $40.50) Referral Agency Fees: $ (N/A) Total Deposit: $ 300 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. This Pre -Application summary shall be valid for a period of 6 months. Disclaimer 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 Summary Prepared by: 75i 71�fL- Glenn Hartmann, Senior Planner /717/6 Date REVIEW CRITERIA FROM THE LAND USE AND DEVELOPMENT CODE C. Review Criteria. Minor Modifications are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Land Use Change Permit, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 1. Do not conflict with the Comprehensive Plan; 2. Do not change the character of the development; 3. Do not alter the basic relationship of the development to adjacent property; 4. Do not change the uses permitted; 5. Do not require amendment or abandonment of any easements or rights-of- way; 6. Do not increase the density; 7. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and 8. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201. Approximately 1 month if submittal is complete D. Section 4-106 Amendment to an Approved Land Use Change Permit Garfield County Amend an Approved Land Use Change Permit (Section 4-106) Step 1: Pre -application Conference •Submission of information pertaining to the requested amendment •Applicant has 6 months to submit application •Within 10 days the Director will make one of the following determinations: Minor Modification Step 3: Application Submittal Step 4: Completeness Review •10 business days to review •If incomplete, 60 days to remedy deficiencies Step 5: Evaluation by Director Step 6: Director's Decision •Call-up Period - within 10 days of Director's Decision •Applicant has 1 year to meet any conditions of approval BOCC Determination If needed to determine substantial or minor modification Step 3: BOCC Decision •ata public meeting •If BOCC determines it to be a minor modification - proceed with Administrative Review for Minor modifications •If BOCC determines it to be a Substantial Modification, proceed with new application Substantial Modification Step 3: New land Use Change Application •see process for Land Use Change Permit 133 11WDJ3d 03113 39 Ol SV321 ) MRI PARR G R IF RD COUNTY, CLRAD REVEGETATION PLAN EXHIBIT 3IVJS 3IHdV?I0 So RIS ENGINEERING, LLC. 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