HomeMy WebLinkAbout5.0 Resolution 2003-391111111 nui nail mnuuii iuu mil iii nm ilii ini
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STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on
Monday, the 21st day of April, 2003, there were present:
John Martin
Larry McCown
Tresi Houpt
Don Deford
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2003-39
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR NATURAL RESOURCE EXTRACTION FORNORMAN A. CARPENTER.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from Norman A. Carpenter for a Special Use Permit to allow for the extraction of
natural resources from the site identified in the application; and
WHEREAS, the Board held a public hearing on April 21, 3002, upon the question of whether
the above described Special Use Permit should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions regarding the issuance 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:
1. That the public hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
parties were heard at the hearing.
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2. That the proposed special use conforms to the requirements of the Garfield County
Zoning Resolution of 1978, as amended.
3. That the proposed land use will be compatible with existing and permitted land uses in
all directions if appropriate conditions are attached to the permit.
4. That the proposed use will comply with all applicable standards contained in the
Garfield County Zoning Resolution of 1978, as amended, including, but not limited to
all standards in Sections 5.03.07 and 5.03.08.
5. That for the above stated and other reasons, the proposed special use is consistent
with the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Special Use Petnnit be and hereby is approved to allow for the
extraction of natural resources, upon the following specific conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, including the forestry plan, shall
be considered conditions of approval.
2. That all timber hauling on County Roads be on Monday through Friday, between the
hours of 6 a.m. to 6 p.m. Not included in the hauling hours are the trips in and out of
the property by loggers and unloaded trucks accessing the property before 6 a.m..
Any helicopter hauling will only occur between the hours of 7 a. m. to 5 p. m.,
Monday through Friday. Haul trucks will not travel in a convoy, they will be spaced
at least 10 minutes apart, before leaving the property.
3. That the forest management practices and revegetation will be monitored for
compliance with the conditions of approval contained in the resolution of approval, by
a consultant for the Board, agreed upon by the Board of County Commissioners and
the applicant, and paid for by the applicant.
4. A road bond will remain in place with the County to overlay 1.6 miles of CR 320 with
asphalt at the completion of the timber harvest.
5. The Special Use Permit, when issued, is subject to review for compliance or
noncompliance with performance requirements associated with the issuance of the
permit. The applicant shall submit a report one year from the date of issuance of the
permit, indicating the measures taken to comply with the performance requirements
of the permit. The Board of County Commissioners will review the report in a public
meeting within 30 days of receipt of the report and may determine that a public
hearing is necessary to consider suspension or revocation of the permit or that
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conditions of approval must be met before additional activities can occur on the
property.
6 All vehicles used in conjunction with logging operation must be properly licensed in
the State of Colorado and the appropriate documentation provided to the Garfield
County Clerk & Recorders Office verifying the licensing.
7. The hauling of logs will be discontinued during normal seasonal times for local
ranchers to move cattle up or down County Road 317, when requested by a local
rancher with grazing rights or property in the Beaver Creek drainage.
8 All revegetation of the site will be done with certified weed free seed mix.
9. The haul route will only be along CR 320 from the intersection of CR 320/317 to
Taugenbaugh Ave. in Rifle. Additionally, an overweight vehicle permit will be
acquired for each vehicle needing such permit.
10. Upon transfer of ownership of the property subject to the Special Use Permit issued in
accordance with this resolution, the new owner(s) shall meet with the Board at a
regularly scheduled meeting of the Board and published as an agenda item of the
Board.
11. Prior to the issuance of the Special Use Permit, the Fire Management Plan shall be
filed with the Garfield County Sheriff's office and the Rifle Fire Protection District.
12. Compliance with all terms and conditions of approval contained in any permit
issued to the applicant, its successors or assigns, by any local government, state or
federal agency, shall be deemed to be conditions of this Special Use Permit. A
violation of any of the terms, conditions or provisions of such permit( s) shall be
deemed to constitute a violation of the terms of approval of this Special U se
Permit. The applicants, their successors and assigns, shall notify the Garfield
County Board of Commissioners of notice of violation or violations of such
permits as issued by any local government or state or federal agency. The Garfield
County Board of Commissioners shall be notified within ten (10) calendar days of
any violation or notice of possible violation.
13. On or before October 1, 2003, the County's consulting forester, hired in accordance
with paragraph 3. above, will do an on site inspection of the site to review the
applicant's compliance with the conditions of approval in this resolution. A report
will be prepared for the Board of County Commissioners after the site review,
presenting the findings.
Dated this 2nd day of J, , A.D. 2003.
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ATTEST:
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ClerfC`of t1li$Qard
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Cha'
Upon motion duly made and seconded the foregoing
vote:
esolution w
adopted by t
following
COM •► : .e :UAL •.\ 114: ► ,Aye
COMMISSIONER TRESI HOU ,Aye
COMMISSIONER LARRY L. MCCOWN ,Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D.2003.
County Clerk and ex -officio Clerk of the Board of County Commissioners