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Home My WebLink About2.0 Resolution 99-055:'�l��i�'�illll 111111111111 II 111111 IIII'A' III IIIII IIII IIII 545761 05/18/1999 03:29P 81130 P538 M ALSOORF 1 of 6 R 0.00 D 0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a special 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 -1 7 day of May A.D. 19 99 . there were present: Commissioner Chairman Commissioner Larry McCown Commissioner Don DeFord County Attorney Mildred Alsdorf Clerk of the Board Ed Green County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO.9 9- o 5 5 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION TO ALLOW FOR THE OPERATION OF AN INDUSTRIAL PROCESSING FACILITY FOR AMERICAN SODA LLP AND THE REPEAL OF RESOLUTIONS #81-11, #81-100 AND #82-186 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from American Soda LLP for a Special Use Permit to allow for the operation of an industrial processing facility at the site identified in the application: WHEREAS, the Board held a public hearing on the 6th day of Aori11999 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 0 111111 IIIII Illlil 111111 II 111111 !'"SII III IIIII IIII IIII 545761 05/18/1999 03:29P 81130 P539 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. For the above stated and other reasons, the proposed use is in 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 Permit be and hereby is approved to allow for the operation of an industrial facility at the site identified in the application, upon the following specific conditions: That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission, shall be considered conditions of approval. As used herein the term "applicant' shall apply to and bind any person, corporation, association or other entity of whatever nature which assumes ownership, responsibility or control over the proposed facility or any part thereof. 3. That the operation of the facility be done in accordance with any federal, state or local regulations governing the operation of this type of facility. 4. That the applicant provide the following plans prior to issuance of a building permit: a. A detailed drainage plan for the site including, including the 100 year floodway boundary. b. A detailed landscaping and weed mitigation plan, highlighting existing areas of noxious weed infestation and a plan for weed management at the site. C. A detailed lighting plan showing generally the type, number and location of on site exterior lighting. d. A detailed parking lot and internal circulation flow plan identifying automobile and truck traffic circulation, access, egress, loading and parking. e. A detailed signage plan outlining attached, detached or off -premise signage. aori iii rrirr ilii irri 545761 05/18/1999 03:29P B1130 P540 M RLSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO f A detailed transportation study and plan outlining the estimated impacts to County Road 215. g. A detailed noise study and plan outlining the estimated impacts to adjoining property owners. h. A detailed screening plan outlining the anticipated storage and operations screening or berming as may be required in accordance with the special use permit supplemental regulations. That the applicant provide a road bond covering other road deterioration or mitigation of impacts to County Road 215 as may be created by the applicant's activities or as required by the Road and Bridge Department. The County shall retain, at American Sodas expense, an independent engineer for plan check and an independent building inspector also determined by the County. The applicant shall obtain all necessary building permits as required by Garfield County and shall compensate the County for any and all extraordinary costs associated with the issuance of the special use permit. 8. Prior to mobilization and/or construction, the applicant shall obtain approval of all proposed crossings of County Roads from the Garfield County Road and Bridge Department including appropriate notification of the public as may be necessary for road closures or other activities as required. 9. Prior to mobilization and/or construction, the applicant or the applicant's contractor(s) shall obtain overweight vehicle permits from the Garfield County Road and Bridge Department 10. The applicant shall obtain all licences as may be required for vehicles used by the applicant and the applicant's contractor(s) from the Garfield County Clerk and Recorder. 11. The applicant shall re -submit for re -issuance of a special use permit to allow the industrial use as proposed in the Accelerated Action Plan. 12. The applicant shall paint all structures in accordance with the application as submitted prior to occupancy. 13. The applicant shall provide to the County a Emergency Preparedness Plan Draft prior to occupancy. Annual updates detailing compliance and readiness shall be provided annually from the date of issuance of the special use permit to the County. I IIIIII I'lll "IIII "'III II IIIIII �i��'I III'llll II'I I"I 545761"05/18/1999 03:29P B1130 P541 M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 14. The applicant shall obtain approval and provide to the County all permits listed on Page 32 of the Staff Report within thirty (30) days of the date indicated. Extensions to these deadlines may be granted at the discretion of the Board of County Commissioners without further public hearing. 15. Upon issuance of the special use permit the following, previously adopted Resolutions approving special use permits as apply to the 1,000 acre parcel described in this application, shall be repealed: 1. Resolution #81-11 Resolution #81-100 Resolution #82-186 16. The applicant shall provide to the County, closure reports for the following Correction Action Plans for remediation: 1. Active Basin; Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (HILA, 1996a) 2. Inactive Basin; Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (HLA, 1996a) 3. Temporary Basin No. 1; Final Clean Closure Plan Report for the Temporary Basin Nos. 1 and 2, Parachute Creek Shale Oil Facility (HILA, 1998b) 4. API Separator; Phase I Closure and Engineering Evaluation Report, Active and Inactive Basins Closure Project (HLA, 1996b) 5. Plant Effluent Lift Station, Phase I Closure and Engineering Evaluation Report, Active and Inactive Basins Closure Project (HLA, 1996b) 6. Underground Storage Tank- Maintenance Building; Environmental Site Assessment and Underground Storage Tank Closure Report (Chen Northern, 1993) 7. Upgrade Facility- Parachute Creek Shale Oil Facility (HLA No.416502) 17. American Soda shall assume all liability and responsibility for the Oily Water Sewer remediation as identified in HLA No.416502 and make substantial progress of monitoring and remediation 18. The applicant shall provide to the County a Site Rehabilitation Plan detailing basin closures and all required remediation to the satisfaction of the Board of County Commissioners prior to occupancy. 19. The applicant shall meet all requirements of Section 5.08, Fiscal Mitigation Program, of the Garfield County Zoning Resolution of 1978 aa. as may be required during the construction or operation of the facility. 11111111111111111111111 II 111111 III'"! III IIIII 1111 IN 545761 05/18/1999 03:29P B1130 P542 M ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 20. Any substantial expansion of the use as proposed shall require re -issuance of a special use permit. 21. The applicant shall be responsible for inclusion and assignment of the plant site as a portion of the Parachute / Battlement Mesa Recreation District within one year of the special use permit approval. Dated this 18 day of May , A.D. 1999 ATTEST: w n Clerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Res ' n was following vote: Commnissioner Chairman, John Martin, Aye Commissioner, Walt Stowe, Aye Commissioner, Larry McCown, Aye 5 fillll Itlll 111111111111 II 111111111111'."' IIIII IIII III $45764 05/18/1999 03:29P B1130 P543 M RLSDORF I of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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 the Board of County Commissioners 6