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HomeMy WebLinkAbout5.0 Resolution 93-060:RECORDED AT /'SSS' O C1OCx .M. JUL 1 3 1993 REC # vompt MILDRED ALSDORF9 COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield Knox 868 pAGF4' 86 At a regular meeting of the Board of County Commissioner for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Knnelmy , the 3 2t -h day of Jill y A.D. 19 g3 there were present; Blwer (Bucket') Arbaney , Commissioner Chairman Jr i a n I. Smith Conor missioner Arnold L. Mackley Commissio , DonDeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Ihenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-060 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT.:.; APPLICATION FOR EASTSIDE COAL COMPANY, INC. WHEREAS, anapplication has been submitted by Eastside Coal Company, Inc. for a special use permit for the purpose of operating a coal mine and associated facilities in compliance with the Garfield County Zoning Resolution of 1978, as wended, and under the authority granted under Section 30-28-101, etR..._ �., C.R.S.3.1973, .as mended, on propertyfull described legally in Appendix A in the Supplemental Application for amendments to Resolution No. 90-083; and WHEREAS, the Board of County Commissioners conducted a public hearing as required -by the Zoning Resolution of 1978, asamended, on June 3,1993 and continued said public hearing to June 15, 1993, June 22, 1993 andJuly 6, 1993, in the Garfield County Courthouse, Commissioners' Meeting, Room, regarding the question of whether thel use spesaa permit application should be granted, and,. if granted, whether any conditions should be imposed on such special use permit, and, during the public hearing received extensive testimony and other evidence from the applicant andinterested parties. NOW, THEREFORE, pursuant to the foregoing provisions, be it resolved by the Board of County Commissioners as follows: 1. The Board of County Commissioners hereby fmds as follows: A. The applicant has substantially; complied with all proceduraland notice requirements set forth in the Garfield County Zoning Resolution of 1978, as amended, with regard to special use permit applications, and this proceeding is properly before this Board; B. That, except as hereinafter noted, the application and all required submittals at this time are substantially complete, and the applicant has paid the fee required by Sections 5.03, 9.01 and 9:03 of the Garfield County Zoning Resolution of 1978, as amended; 800K 868pAGi48 C. After review at the public hearing beginning June 3, 1993 and, subject to the conditions set forth below, the applications, supporting information and testimony before the Board of County Commissioners demonstrates compliance with Sections 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; D. Under the conditions set forth below, the health, safety, welfare and uses of the neighborhood will be protected; E. Subject to the conditions set forth below, there was substantial competent evidence presented that the proposed land use activities, all facilities and buildings proposed in connection with the Eastside Coal's application ae in conformance with the uses allowed by Garfield County for special use permits in the Agricultural/Residential/Rural Density Zone District regulations; G. That the. Board must, for the purpose of analyzing the subject application, in accordance with the applicable provisions of the Garfield County Zoning Resolution of 1978, specifically Sections 5.03 and 5.03.11, establish the neighborhood which may be affected by the possible granting of the proposed special use permit and, further, the Board has determined that, except as otherwise noted herein, such affected neighborhood is that area of Garfield County, Colorado, consisting of properties adjacent to the proposed coal mine site of the applicant, and property adjacent to the proposed coal truck haul route; H. The general character of the affected neighborhood of:the tract proposed to be subject to thespecial use permit is agricultural, residential and recreational. The subject property of the coal mine is zoned in accordance with Section 3.02 of the Garfield County Zoning Resolution of 1978, as amended. ` Properties zoned pursuant to Section 3.02 are classified as Agricultural/Residential/Rural ` Density. The industrial extractive operation proposed by the applicant for the subject parcel is not a use by right within the zone classifications and is a special use in the Agricultural/Residential/Rural Density Zone. Competent evidence was presented at the public hearings that the subjectproperty ofthe applicant was previously permitted for a coal mine and associated facilities. Such previously permitted activities were allowed under different circumstances and significantly different levels of activity. I.Provided certain conditions are met street improvements are made, the haul route used will be adequate to accommodate the traffic volume generated and will not create any: hazards or nuisances to areas elsewhere in the County. 2. The Board of County Commissioners hereby grants the request of Eastside Coal Company, Inc. for property described in Attachment A, attached hereto, subject to the following conditions of approval: That all verbal and written representations of the applicant shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners; B. That the proposed extraction activity be limited to no more than 20,000 tons per year; C. In the event that litigation is initiated against Garfield County, the Board of County Commissioners of Garfield County, any members of the Board of County Commissioners . of Garfield County in their individual capacity, or as a Board, any agents or emploYees of the foregoing, the applicant or any other. governmental entity regarding the specific provisions of this Resolution or the process by which either of those Resolutions were adopted, such litigation shall suspend all time limits specified anox 868:1G:488 in this Resolution and the Garfield County Zoning Resolution of 1978, as amended, until final disposition of that legal action. The foregoing suspension of time periods shall apply only if the subject action is initiated by a party other than those set forth in the previous sentence. If action is initiated against any other governmental entity, other than Garfield County, its officers, agents or employees, concerning permitting of the property that is the subject of this Resolution, the time limits set forth in this Resolution shall be suspended until final disposition of that action. An enforcement or regulatory action taken by a governmental entity, including Garfield County, shall not suspend the time limits set forth in this Resolution and the Garfield County Zoning Resolution of 1978, as amended. If legal action has been initialed as indicated above, the applicant may, at its own risk, request issuance of and shall receive any land use permit authorized by this Resolution provided all conditions of this Resolution have been satisfied; D. Coal hauling shall only occur between the hours of 7:00 a.m. to '1:00 p.m., Monday through Friday, except that the applicant may haul on an emergency basis on Saturday, three (3) times a quarter and subject to notifying and receiving approval from the Road and Bridge Department Director or his assigned substitute. E. Prior to any local haulage, Eastside will pay for the following safety traffic improvements to correct existing safety deficiencies: 1. Centerline stripe will be painted along the haul route. The last edge of the curve on County Road 237 will be marked with delineator posts at the rock outcrop at the south end of Harvey Gap; 2. Delineation of the improvements to be made to the intersection of County Roads 233 and 227 as agreed by the Board of County Commissioners and shown on documents submitted by Eastside, titled "Intersection Design Road 227-233", dated 6/2/93, subject to Road and Bridge Department review; 3. Road signs as agreed by Road and Bridge Department and Eastside and submitted to the Board of County Commissioners as "Proposed Road Signs, Sheets 1-8", dated 6/2/93. F. Eastside will be responsible for six (6) percent of the annual cost of maintenance of those portions of County Roads 227, 233, and 237 used for a coal haul route. Based on estimates of anticipated expenditures for maintenance established by the Board, Eastside will place $2,000 in escrow with the County for their proportionate share of the maintenance cost, prior to issuance of a Special Use Permit. At the end of each year, thereafter, Eastside will place funds in escrow with the County for the amount necessary to have $2,000 in the account at that time, unless the amount is modified in accordance with provisions contained in this resolution. The County will transfer funds from the account to the County Road and Bridge Fund at the end of each quarter based on six (6) percent of .the actual costs incurred, up to $2,000.00 per year, unless adjusted as noted below. The proportionate share of six (6) percent shall be valid until one (1) year from the date of approval of this resolution, after which the proportionate share may be adjusted annually if the cost of maintenance is shown to be substantially different than originally estimated during the Public Hearings to review this application. Substantial change will be defined as a variance of twenty (20) percent of the cost of maintenance for the subject roads, which was identified as $33,300.00 per year, which is the baseline maintenance cost. Maintenance of the road may include, but is not limited to the construction of discrete sections of the road to alleviate soils and drainage problems or other enhanced gnnx 8 8 489 maintenance efforts required to maintain the road. If, after a preliminary analysis, it is determined that the may be a substantial change, a public hearing will be held to establish a new proportionate share of the road maintenance cost, after notice is published 15 days in advance in a newspaper of feral circulation in the County at the expense of the party proposing the change. The proportionate share may be changed if a traffic analysis is presented to establish a different level of impact. The annual amount escrowed may be changed if the Road and Bridge Department provides documentation of the actual cost for maintenance that would justify a higher or lower assessment. Impacts due to increased need for additional safety measures may be included in the review, and a basis for Eastside having to make additional improvements to the road, at their expense. Failure to comply with this section shall result in revocation of this permit. G. Eastside will not run more than ten (10) round trips (coal haul trips) per day. Trucks will not leave the mine site at intervals of less than five (5) minute apart. Each haul truck will be equipped with a CB radio for the purpose of notifying the mine and other truck drivers of road damage, accidents, livestock movements or other obstacles that could result in impeding smooth traffic flow. Should a truck notify the mine that there are obstacles on the road stopping traffic, no haul truck will leave the mine site until the preceding truck(s) are moving forward on the haul route. H. There may be climatic conditions that would result in the Road and Bridge Supervisor having to close the roads to certain weight vehicles. At such times, Eastside's trucks will comply with the weight restrictions. I. Prior to the issuance of the Special Use Permit, an emergency plan for the mine will be filed with the Burning Mountain Fire District, Clagett Memorial Hospital and Garfield County Emergency Preparedness Office. Dated this 12th day of July , A.D. 19 93 . ATTEST: vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following Ulmer (Buckey) Arbaney Marian I. Smith ,Aye Aye Arnold L. Mackley , Aye affix 868nr.490 STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of tb Board of County Commissioners