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Home My WebLink About3.0 Resolution 2010-79.pdf1111 w~ r:rflllJ.\MU, MoL~ ~fI\I'l+1':lr\l, ~ '~'" 11111 Receptlon~: 792490 H1I0412010 04:05:15 PM Jean Alberico 1 or 5 Ree Fee:$0.00 000 Fee:0.00 GRRFIELD 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 Courthouse, in Glenwood Springs on, Monday, the 20th day of September AD. 2010, there were present: John Martin . Commissioner Chairman Mike Samson , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk to the Board Ed Green (absent) . County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2010-79 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMlT, LIP A 6428, FOR STORAGE; SUPPLIES, MACHINERY, EQUIPMENT, OR PRODUCTS, LOCATED OFF OF COUNTY ROAD 211, AND APPROXIMA TLEY 16.5 MlLES NORTHWEST OF THE TOWN OF DEBEQUE, AND WlTHIN A PROPERTY OWNED BY CHEVRON USA INC., GARFIELD COUNTY PARCEL NO# 2137·321·00·008 A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Land Use Change Pennit to allow for Storage: Supplies, Machinery, Equipment, and Products. B. The 7.38·acre site is located off of County Road 211, approximately 16.5 miles northwest of the Town of DeBeque, CO, and within property owned by Chevron USA Inc. e. The 7.38-acre site is described in the application documents and located v,!ithin the parcel described in the attached Exhibit A and incorporated by this reference; D. The subject property is contained within the Resource Land/Gentle Slope zoning district and a Land Use Change Pennit for Storage: Supplies, Machinery, Equipment, and Products requires approval ora Limited Impact Review Process by Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Pennit for Storage: Supplies, Machinery, Equipment, and Products pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of2008, as amended. F. The Board of County Commissioners opened the public hearing on the 20th day of September, 2010 upon the question of whether the Land Use Change Pennit application, LIPA 6428, for Storage: Supplies, Machinery, Equipmen~ and Products, should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 20th day of September, 2010 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing. has made the following determinations of fact: I. 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: Supplies, Machinery, Equipmen~ and Products is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, will be in confonnance with the applicable Sections of the Garfield County Unified Land Use Resolution of2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOL YED 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, LIP A 6428, to allow for Storage: Supplies, Machinery, Equipment~ and Products is hereby approved subject to compliance with the following conditions: 2 district and a Land Use Change Pennit for Storage: Supplies, Machinery, Equipment, and Products requires approval of a Limited Impact Review Process by Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for Storage: Supplies, Machinery, Equipment, and Products pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of2008, as amended, F. The Board of County Commissioners opened the public hearing on the 20th day of September, 2010 upon the question of whether the Land Use Change Permit application, LIPA 6428, for Storage: Supplies, Machinery, Equipment, and Products, should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 20th day of September, 2010 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following detenninations of fact: 1. 1bat proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the bearing 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 Pennit for Storage: Supplies, Machinery, Eqnipment, and Products is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens ofGarlie1d COllllty. 4. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOL YED 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, LIP A 6428, to allow for Storage: Supplies, Machinery, Equipment, and Products is hereby approved subject to compliance with the following conditions: 2 1111 WJl'j,f:rrII~J.\I'III,I'·H~~lft"'W.I~·~h \,l,lj.H 11111 Receptlon~: 792490 10/0412010 04:05: 15 PM Jean Alberico 3 of 5 Ree Fee:$0.00 Doc Fee:0,00 GARFIElO COUNTY CO 1. TImt 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 Conunissioners. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility and adherence to these regulations throughout the life of this land use. 3. Vibration generated: the facility shall be so operated that the ground vibration inherently and recurrently generated is not perceptible. without instnunents, at any point of any boundary line of the property on which the use is located. 4. Emissions of smoke and particulate matter: the facility, generator, pwnp, or related driveway and parking area shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards, including CDPHE APCC Regulation I for dust. 5. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 6. All equipment and structures associated with this pennit shall· be painted with nonreflective paint in neutral colors to reduce glare and mitigate any visual impacts. 7. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 8. The Applicant shall adhere to and implement the Best Management Practice (BMP) for stonnwater pollution prevention identified in the Stonn Water Management Plan -Skinner Ridge Field Permit (dated September 2005). 9. The storage yard shall not store any ha7.ardous, flarrunable, or explosive, solid, gases or liquids and that no fabrication, service, andlor repair shall be done on-site. 10. Any straw or hay bales used in erosion shall be certified weed free. 11. Prior to the issuance of Land Use Change Pennit, the Applicant shall reseed by November 1, 2010 the 3: 1 slopes utilizing the seed mix( es) as specified in the permit and application. 12. In one year from the date of the Resolution, County staffshall conduct a site visit to review the vegetative growth on tbe 2: I slopes and if necessary the Applicant shall remedy the stabilization of these slopes through seeding and/or other erosion control methods. 3 1111 WJI'~ r:rlllrJliM~lifo.NI"'Ir+rlftlll~IIQ\'Ii\~, ~,~ 11111 Rllceptiol"l1*: 7924ge . 10/041201004:05:15 PM JFe"n.,".b00"Gl~FIELD COIJNTV CO 4. of 5 Rae Fee:$0.00 Doc oil'" ~ Dated this L day of «&J.. /v..L ,A,D,20~, ATTEST: GARFIELD COUNTY COMMISSIONERS, BOARD OF GARFIELD COUNTY, ORADO Upon motion duly made and seconded the foregom following vote: opted by the ~C~OlliMlliil~iliSS~I~ON~ER~C~HnA~~~J~O~H~NF~,~MAR~~T~m~ _____________ ,AyE ",CO",MMill!!",IS.",S",I"ONE,=R,:,-,:,M",IK,?E":,,SAM~,=SO,:N,-,-_________________ .~ AYE ~CO~MM~IS~S~I~ONErr8R~T~RE~'S~I~} ~IO~U~P~T ______________________ ,AYE STATE OF COLORADO ) )ss County of Garfield ) I, ,County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this ___ day of , AD, 20 ___ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4 11111 Wolo r:l'W.llill~J~~fl.Hi'r.I~rrftllIHl:I~~Ia\n, ~,~ 11111 ReccpUClI'\1t: 792490 . f0/04/2010 04: 05,: 15"'"0 J·F~ ',lb,.,C,'i"'FIELD COUNT'!' CO 4 of 5 Rec Fee:$. oc 810 .. Dated this 'i f:: day of (()d~ /w... ,AD, 20 10. ATTEST: GARFIELD COUNTY COMMISSIONERS, COUNTY, ORADO BOARD OF GARFIELD Upon motion duly made and seconded the foregom following vote: ~CO~MMI~~S~S~IO~N~E~R~ C~HA~~~J80~HN~F~'EMAR~~Tm~ _____________ ,AYE ~CO~MMI~~S~SliIo~NE~R~Ma~KE~~SAM~~So~N~ __________________ ~,AYE ~CO~MMI~~S~S~IO~NE~R~TRE~·S~IuH~o~up~T _____________________ .,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 I now in my office. m WITNESS WHEREOF, I bave hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this ___ day of , AD. 20 ___ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4 1111 Wj,f:lWIiI~U,M~ 1't~.h;i'I'r-M"~'I'~iIW.~'~ 11111 Reception": 792490 101041201004:05: 15 PM Jo;o;;jn Alberico 501 5 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO EXHIBIT A PROPERTY OWNER: CHEVRON USA INC. PARCEL NUMBER: 2137-321-00-008 LEGAL DESCRIPTION The legal descriplion of the subject 4.311.69-acre parcel is as follows: SECT. lWN. RNG: 1-13-98 DESC: TR 51 SECT.lWN.RNG:10-13-98DESC:TR48B.TR49.TR50.LOTS1 (32.86).3(7.14).4(40.0) SECT.lWN.RNG:11-6-98 DESC: TR 56. TR 57 SECT.lWN.RNG:15-6-98 DESC: TR 72. TR 73 SECT.lWN.RNG:2-6-98 DESC: TR 37. TR 54 SECT.lWN.RNG:3-13-98 DESC: TR 58. TR 38. LOT 5 (47.05) SECT.lWN.RNG:31-5-97DESC: NE. N2SE. LOTS10 (39.54. 11(39.54) SECT.lWN. RNG: 32-5-97DESC:N2. N2S2. LOTS 1 (39 60).2(39.59).3(39.58).4(39.57 ) SECT.lWN.RNG:33-5-97DESC:N2.N2S2.LOTS4(39.60).5(39.60).6(39.60).7(39.60) SECT.lWN.RNG:36-5-98 DESC: TR 103. TR 104 SECT.lWN.RNG:4-6-98DESC:TR39B (140). LOTS 5(31.90) AKA TR 107. 6(39.52)TR108 SECT.lWN.RNG:9-6-98 DESC: TR 40. TR 44 DESC: AKA: CLEAR