HomeMy WebLinkAbout4.0 Resolution 2001-99I lllllrlllll 11111111111111111111111111' "\1111111111111
~93832 12/18/2001 10:~0A 81312 P~12 M ALSDORF
.1 of 5 R 0.00 D 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 Courthouse, in Glenwood Springs on Monday, the 17th
day of December A.D. 2001, there were present:
~Jo=hn~M~art~in~--------------' Commissioner Chainnan
=L=arrv~~M=c~C~o~wn~-------------' Commissioner
_,_W<->a,,_,lt,_,S"'t,.ow=e _______________ , Commissioner
""D_,,o=n-=D=e~F=o=rd~--------------' County Attorney
=M=il=d~re=d~Al~s=do=rf~-------------·· Clerk of the Board
=E=d~G=r~ee=n~---------------' County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNO. 2001-91
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN AMENDMENT TO AN EXISTING
SPECIAL USE PERMIT (RESOLUTION NO. 99-055) FOR A PLANT EXPANSION TO ADD A DECA-
HYDRA TE ADDITION.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from American Soda, LLP concerned with Amending an existing Special Use Permit to allow an
plant expansion to add a deca-hydrate addition on property located at 2717 County Road 215, Parachute,
CO, Garfield County;
WHEREAS, the Board held a public hearing on the 13th day of August 2001 upon the question of
whether the above-described Special Use Pennit 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:
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 and that all interested parties were
heard at that hearing.
3. That the application is in confonnance with the Garfield County Zoning Resolution of 1978, as
amended.
4. That for the above stated and other reasons, the proposed special and conditional use
pennits have been shown to be 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 Pennit be and hereby is approved to allow for expansion of an
existing facility, upon the following specific conditions:
I. That the existing Resolution Number 99-055, shall be replaced by a new Resolution of
approval containing all the original conditions found in 99-055, plus any new conditions of
approval deemed appropriate by the Board of County Commissioners, as follows;
2. 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.
3. As used herein the tenn "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.
4. 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.
5. That the applicant provide the following plans prior to issuance of a building
pennit:
a. A detailed drainage plan for the site including, including the 100 year flood way
bodund!UYl d.l d · d d · · · 1 h' hl'gh · · · f b. A etat e an scapmg an wee m1tigat10n p an, 1g 1 tmg ex1stmg areas o
noxious weed infestation and a plan for weeil 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.
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
henning as may be required in accordance with the special use penn supplemental
regulations.
J lllllt lllll llllll llll lllllll Ill lllllll 1u.lllll llll llll
!193832 12/18/2001 10:!10A 81312 Pt..-1 f'I RLSDORF
;3 of !5 R 0, 00 D 0. 00 GARFIELD COUNTY CO
6. 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 require by the
Road and Bridge Department.
7. The County shall retain, at American Sodas expense, an independent engineer for plan check
and an independent building inspector also determined by the County.
8. 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.
9. 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.
10. 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
11. 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.
12. The applicant shall re-submit for re-issuance ofa special use permit to allow the industrial
use as proposed in the Accelerated Action Plan.
13. The applicant shall paint all structures in accordance with the application as submitted prior
to occupancy.
14. The applicant shall provide to the County an 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.
15. 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.
16. 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:
I. Resolution #81-11
2. Resolution #81-100
3. Resolution #82-186
lllllll 11111111111111111111111111111111 ''' i111111111111
593832 12/18/2001 10:50A 81312 P51~ M ALSDORF
4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO
17. 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 (flLA, J 996a)
2. Inactive Basin; Final Clean Closure Plan Report for the Active and
Inactive Basins, Parachute Creek Shale Oil Facility (flLA, J 996a)
3. Temporary Basin No.I; Final Clean Closure Plan Report for the Temporary Basin Nos.
I and 2, Parachute Creek Shale Oil Facility (flLA, 1998b)
4. API Separator; Phase I Closure and Engineering Evaluation Report, t Active and
Inactive Basins Closure Project (flLA, 1996b)
5. Plant Effluent Lift Station; Phase I Closure and Engineering Evaluation Report, Active
and Inactive Basins Closure Project (flLA, l 996b)
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
(flLA No.416502)
18. American Soda shall assume all liability and responsibility for the Oily Water Sewer
remedjatjon as identified in flLA No.416502 and miike substantial progress of monitoring and
remedtatton
19. 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.
20. The applicant shall meet all requirements of Section 5. 08, Fiscal Mitigation Program, of the
Garfield County Zoning Resolution of 1978, as may be required during the construction or
operation of the facility.
21. Any substantial expansion of the use proposed shall require re-issuance of a special use
permit.
22. The applicant shall be responsible for inclusion and assigrunent of the plant site as a portion
of the Parachute/Battlement Mesa Recreation District within one year of the special use permit.
23.That all representations made by the applicant in the application for the deca-hydrate addition,
or at the public hearing, shall be conditions of approval, unless specified otherwise by the Board
of County Commissioners. Said representations mclude, but are not limited to:
a) Neither commuter nor truck traffic shall appreciably increase due to the deca-
hydrate addition.
b) The new addition shall be painted the same unobtrusive color as the existing
building.
c) No increased emissions of vapor, dust, smoke, glare or vibration, or other
emanations, shall occur as a result of the deca-hydrate addition so as to impact
adjacent lands. Equipment generating noise shall be enclosed within buildings.
The deca-hydrate addition shall not produce perceptible ground vibration at any
111~1111111111111111111111111111111r·' m 1111111111111 ~93832 '12/18/2001 10:S0A 81312 ~~16 M ALSDORF
S of S R 0.00 D 0.00 GARFIELD COUNTY CO
point along the property boundary. Smoke and particulate matter shall not be
produced. Emitted heat shall not be measurable in off site air or water resources.
24. That the deca-hydrate addition approval shall be valid until 8/13/02. If the applicant fails
to meet the conditions by 8/13/02, and subsequently the special use permit is never
issued, the approval shall be automatically revoked, unless an extension is granted by the
Board of County Commissioners.
Dated this 17th day of December
,: ,, ' ... ; ()·~ .. ::'."
··.'.' .. ·,· ~~-..... ~,,_. .... ~~
1 \ . • . ·. /\ ~··\-\\'·'.
'•;, ;;1H\1'-·
, AD. 2001.
GARFIELD COUNTY BOARD OF
OMMISSIONERS, GARFIELD COUNTY,
C LORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
STATEOFCOLORADO )
)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.O. 2001.
County Clerk and ex-officio Clerk of the Board of County Commissioners