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Home My WebLink About3.0 Resolution PC 2013-04liararcimmitelierfiecinwiNuMii 11111 Retsept ion#: 839413 • M1612013 12:04:32 PM Jean Alberico 1 of 4 Reo 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 Wednesday, the 14th day of August, 2013, there were present: Bob Fullerton John Kuersten Cheryl Chandler Michelle Foster Greg McKennis - absent Steven Damm Sean Martin Eric Rudd Greg Shaner Michael Sullivan - absent Carey Gagnon Becky Wheelersburg , Commissioner, Chair , Commissioner, Vice Chair , Commissioner, Secretary , Commissioner , Commissioner , Commissioner , Commissioner , Associate Commissioner , Associate Commissioner , Associate Commissioner , Assistant County Attorney , Clerk to the Planning Commission when the following proceedings, among others were had and done, to wit: RESOLUTION NO. PC 2013 - 04 A RESOLUTION CONCERNED WITH THE LOCATION AND EXTENT, PURSUANT TO C.R.S. § 30 -28 -110 FOR THE INSTALLATION OF A PRIVATELY OWNED PUBLIC UTILITY (COMPRESSOR STATION) ON 4.237 ACRES LOCATED WITHIN A 355.22 ACRE PROPER- TY OWNED BY THE J & S NIESLANIK, LLLP LOCATED NW1/4 NE3 /4 OF SECTION 3, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6111 PM, GARFIELD COUNTY, COLORADO. (CASE NO. LAEA 7617) PARCEL NO.: 21 87- 344 -00 -159 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. Pursuant to law, the Board of County Commissioners of Garfield County has ap- pointed the Garfield County Planning Commission. C. J & S Nieslanik, LLLP (the "Applicant ") has applied to the Planning Commission as Case No. LAEA 7617 (the "Petition ") for a location and extent review for the installation of a privately owned public utility (compressor station) on 4.237 acres located within a 355.22 acre property owned by the J & S Nieslanik, LLLP for a compressor station. The privately owned public utility is to be owned by Rocky Mountain Natural Gas, LLC. The affected property is more fully described and shown on the attached Exhibit A. 4 D. Pursuant to Section 4 -110 of the Garfield County Unified Land Use Resolution of 2008, as amended ( "ULUR "), and C.R.S. § 30- 28- 110(1)(a) the Planning Commission is re- quired to review the proposed location and extent of a public utility to determine whether the compressor station conforms with the County's Master Plan. E. In accordance with state law, the Planning Commission has adopted a Master Plan. The Master Plan applicable to this Petition is the Comprehensive Plan 2030, as amended ( "Comprehensive Plan"). F. The PIanning Commission opened a public hearing to consider the Petition on Au- gust 14, 2013. G. The Planning Commission closed the public hearing on August 14, 2013 to make a final decision. H. The Planning Commission, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. Proper notice of the public hearing on the Petition was provided as required by Table 4 -102 of the ULUR. 2. The Planning Commission determined that the project conforms to the Com- prehensive Plan. 3. The findings of the Planning Commission were communicated to the Appli- cant. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of Garfield County, as follows: 1. The foregoing Recitals are incorporated by this reference. 2. That portion of the location and extent is described and shown on Exhibit A attached hereto. 3. The location and extent request for the privately owned public utility (compressor station) is approved based on the Applicant's representations. DATED this /9'" day of /41 Uc5 T , 2013. PLANNING COMMISSION OF GARFIELD COUNTY, COLORADO Bob Fullerton, Chairperson 5 id 0 0 I- z 0 U a w OCE 4 N0 .0 a Q0 RC. -LL I-. ' 0 roa° ..NC o3a- NLL m E a =-.-" aocs ATTEST: 41/ A LL Chery �• an e , ems tary Garfield County Planning Commission 111111'f% f' �f 1'��f '41�N �I++ I��ti'I�14}1CII��Gi MI's 11 HI Reception#: 839413 08/16/2013 12:04:32 PM Jean Plberico 3 of 4 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: Bob Fullerton , Commissioner, Chair ay /nay John Kuersten , Commissioner, Vice Chair ayes nay Cheryl Chandler , Commissioner, Secretary —63 nay Michelle Foster , Commissioner aye ay Greg McKennis 1 ,:i eel t , Commissioner — aye /nay Steven Damm , Commissioner aejnay Sean Martin , Commissioner --((nay Eric Rudd , Associate Commissioner a /nay Greg Shaner , Associate Commissioner —may Garfield County Planning Commissioners 6 Exhibit A — Legal Description '111 70 AVON- COMP14BSSOR'SITE SON., TOWNRIHIP 7 gOCTITI, RANGE B8 W1 103T OPT HE 17114 P.M. • COU£ 7 r atAR gLO, STATE OF cOL MAt)rXApr 0.30a" -ao,o ,l A,PARCEL OF IAND. 8C[1JA1! iN 1HE NORTHEAST WARIER OF sratloei 3, 7 IStip 7 5Qt17H,.: RANGE RR YYEsT AF 9M'SIXIil PRINCIPAL eoI!N71' Df 8A 98LD OF CALOAADO; MD. 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