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Home My WebLink About4.0 Resolution 2013-08.pdfno III♦ Iii1.IN.1111 II Reception #: 829963 01/14/2013 04:39:59 PM Jean Alberico 1 of 6 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 Monday, the 7th of January A.D. 2013, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Carey Gagnon Andrew Gorgey Jean Alberico (absent) , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , County Manager , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. c20 i 3 - D ' A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR STORAGE: MATERIAL, EQUIPMENT AND SUPPLIES WITH ACCESSORY USES TO INCLUDE MAINTENANCE AND AN OFFICE IN A FACILITY TO BE KNOWN AS THE SHADY ACRES STORAGE YARD LOCATED ON ±1.5 -ACRES OF A 995.3 -ACRE PARCEL OWNED BY ENCANA OIL & GAS (USA) INC. AND LOCATED 11 MILES NORTH OF PARACHUTE IN SECTIONS 25, TOWNSHIP 5 SOUTH, RANCH 96 WEST AND SECTION 30, TOWNSHIP 5 SOUTH, RANGE 95 WEST OF THE 6T11 P.M., GARFIELD COUNTY PARCEL NO# 2171- 041 -00 -021 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (the Board) received a request for a Land Use Change Permit to allow for Storage: Material, Equipment and Supplies with accessory uses to include maintenance and an office on ±1.5 -acres legally and graphically described on attached Exhibit A. B. The storage facility is located within a 995.3 -acre parcel of land owned by Encana Oil & Gas (USA) Inc. with the ownership of this property is described in a Quit Claim Deed recorded at Reception Number 655348 in the office of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands (Gentle Slopes /Lower Valley Floor) zone district, north of the terminus of County Road 1 1111 ii llnilahli1MI IIV,W410:l ii4 1 rIillli 11 111 Reception #: 829963 01/14/2013 04:39:59 PM Jean R1bericc 2 of 6 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO 215 approximately 11 miles north of the Town of Parachute. D. Storage may be permitted in the Resource Lands (Gentle Slopes /Lower Valley Floor) zone district with Limited Impact review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 7th day of January, 2013 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 7th day of January, 2013 to make a final decision. L 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. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for Storage — Material, Equipment and Supplies may be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. 4. That, with the adoption of recommended conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 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. 2 U111 rri+hiiV,F14Vaii+0111:1 C1 +,1iiali C1 Reception #: 829963 0-111472013 04:39 59 Pm Jean Plbericc 3 of 6 Rec Fee,$0.00 Doc Fee,0.00 GPRFIELD COUNTY CO B. The Land Use Change Permit for Storage: Material, Equipment and Supplies with accessory uses to include maintenance and office 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. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 3. Industrial activities shall be required to comply with the following standards: A. Residential Subdivisions. Industrial Uses shall not occupy a lot in a platted residential Subdivision. B. Setbacks. All activity associated with these uses shall be a minimum of 100 feet from an adjacent residential property line, unless the use is on an industrially zoned property. C. Concealing and Screening. All storage facilities, including outdoor storage, fabrication, service, and repair operations shall be conducted within an enclosed building or have adequate provision to conceal and screen the facility and/or operations from adjacent property(s). Screening shall be at least 8 feet in height and obscure the facility and/or operation from view at the same elevation. All screening shall be maintained. D. Loading and Unloading. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right -of -way. E. Storing. All products shall be stored in compliance with all national, State and local codes and shall be a minimum of 100 feet from an adjacent property line. In addition, petroleum, and hazardous products shall be stored in an impervious spill containment area(s). F. Hours of Operation. Any activity requiring that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision - making authority. 3 1111 rii 10 MA IA4Cfi' Li7L+0.L1il,kii 11 II Reception #: 829963 01/14f2013 04:39:59 PM Jean Rlberico 4 of 6 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO G. Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. H. Noise. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, as amended, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rule 802, Noise Abatement. 1. Ground Vibration. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. J. Interference, Nuisance, or Hazard. 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 signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. 4. No flammable or explosive solids or gases shall be stored at this facility. 5. No hazardous material or waste shall be stored at this facility. 6. No materials or wastes shall be deposited on the property in a form or manner that may be transferred off the property by any reasonably foreseeable natural cause or force. 7. All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize /overweight system. All vehicles requiring oversize /overweight permits shall apply for them at Garfield County Road and Bridge Department. All vehicles applying for these permits shall have on file with Garfield County Road and Bridge Department a letter or e-mail stating said vehicles can obtain oversize /overweight permits under their road bond on file with Garfield County. 8. No fluids are proposed to be stored on site, therefore a site specific Spill Prevention, Control and Countermeasure Plan (SPCC) with information regarding containment of fluids was not provided for the site. An amendment to this land use permit would be required if aboveground tanks were proposed to contain more than 1,320 gallons or underground tanks greater than 42,000 gallons at this storage facility. 9. This facility is for sole use by Encana Oil & Gas (USA), Inc. and sub - contractors working on projects managed or owned by Encana Oil & Gas (USA), Inc. 4 ■11111g111hiir 11 111 Reception #: 829963 01/14/2013 04:39:59 PM Jean Rlberico 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 10. Maintenance of vehicles or mobile machinery is prohibited within 100 feet of the East Fork of Parachute Creek pursuant to Section 7 -204 (D) of the ULUR. Emergency Maintenance may be conducted until the vehicle or machinery can be moved from outside of the 100 foot setback. 11. The request for vault and haul is adequate to provide water and wastewater service for a .6 FTE employee on the site. Expansion of the facility as currently approved will require additional review and approval through an amendment to this land use change permit. Dated this i `f day of J C� ,LD 600i0`o ATTEST: rk of the Board , A.D. 20 13 . RFIELD COUNTY BOARD OF MISSIO► GARFIELD TY, DO Upon motion duly made and seconded the for following vote: COMMISSIONER CHAIR JOHN MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY on was adopted by the , Aye , Aye , 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. 20 . County Clerk and ex- officio Clerk of the Board of County Commissioners 5 :.�554318455 558575 SEErv45 CAP 56 5.O BRA55 L000 084.=9' 057944 :41 AFIC C,19 /11SR1 INC,. •nX5'Er4@Wr SCALE.' 1 "= 30' �� 0007091 /NIFR ✓AL - f' `C `--.. '89'56'02 E 053.36 CERTrFiCATE OF SURVEYOR �txEbl- cT=",.x remSruxava6 upE 84 5,39E4 s4cs 5t WV 00 u. CmEC,L. & cx5,'Z'caRnExCCRr E8IS11NG 59110190 HEIGHTS (NCT TO SCALE) EUILOING k3 BUILDING 42 BLUING EUILDIN(; 58 BUILDING 59 48991 PROPOSED BUILDING HEIGHTS (1804'0 KALE; crk FROPOSID i4F 0083400 6L00 !n76RMAOOf, TABLE 1014L &TE AREA '.443 ACRES 7412154. 88540400 04505 FLOOD ZONE OES'C'+4 51012, uNCEIFF,MED BY FEN 10r4L 48EA P' 841445+0 4011 J4800 ▪ ROPOS. 63L33171G. 529 SO. F wnSTF w4!E4 ..5791096' SEPRC r450, CvIJ8449 r 149.E8 5082Flr. 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FOR449 CLNCH & CIRCLE 00r GULCH. 901 OPA00 Encana Oif & Gas (USA) Inc. tumverrm Shady Acres Yard Existing Site Plan Located In Section 25, T5S, R96 W & Section 30, T5S. R95W, 69)P M. Garfield County. Colorado If.99,712 12.44.5«5 3S490,044.5 FEr 1 of 7