HomeMy WebLinkAbout4.0 Resolution 99-0541111111 11111111111 11111111111111 11111111111111111111111
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STATE OF COLORADO )
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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 9 9 there were present:
--"Jo..,,h.u.n,_,M""'a..,.rtuin'--------------• Commissioner Chaitman
-~W~a=l~t ~St~o~w~e~-----------• Commissioner
-~L,.ar._.ry.1--'-'M~c~C.,,o,_,w.un..__ __________ , Commissioner
-=D~o=n~D~e=F~o~rd~-----------' County Attorney
-~M..,i,,lducre=d~A'-""ls,,d"'orf...._ __________ , Clerk of the Board
-~E=d~Gr~e=en~------------· County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 99 osa
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR AMERICAN SODA LLP & UNION OIL COMPANY TO ALLOW FOR
OPERATION OF A RAIL SPUR AND REPEAL OF SPECIAL USE PERMIT #81-281
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received a1rnlication from American Soda LLP and Union Oil Company for a Special Use Permit
to allow for the operation ofa-rail·spur in·conjunction-with·an·ii1di1striaI:processin~fadlity arthc·
site identified in the application:
WHEREAS, the Board held a public hearing on the 6th day of Apri 1 19 9 9 .
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
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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 publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
2. That tlie licariilg before tlic Board of County Conunissioners was eKtensive and
complete, that all pe11inen1 facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. That the applica1 ion is in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
4. !'or 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, HE 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 a rail spur in conjunction with an industrial facility at the site identified in the
application, upon the following specific conditions:
l. 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.
2. 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 tlie applicants obtain necessarycTossing·permits prior to-the Grossing. of any. public.
road prior to construction.
5. That Resolution 81-281 be repealed simultaneously with the adoption of this Resolution
6. That the applicant provide a new legal description of the railroad right-of-way.
7. That the applicant provide to the County a Rail Spur Transportation Plan detailing
lighting, noise and alignment.
8. Prior to mobilization and/or construction, the applicant shall obtain approval of all
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proposed crossings of C. >linty Road' from the Garfield County Road and Bridge
Department including appropriale notification of the public as may be necessary for road
closures or other activiti·)S as required.
9. Prior to mobilization ancl/or construction, but no later than issuance of the special use
permit, the applicant or 1he applicant's contractor(s) shall obtain overweight vehicle
permits from the Garfield County ltoad and Bridge Department
10. The applicant shall obtain all licences, as may be required for vehicles used by the
applicant and the applic11nt' s contractor(s), from the Garfield County Clerk and Recorder.
I l. The applicant shall responsible for the conditions of approval as provided in the special
use permit.
12. That the applicant provide documented approval from Exxon for use of those portions of
the rail easement to be utilized by the applicant.
Dated this 18 day of.cM'-'a,_,yc_ ______ , AD. 192.2__
. 'ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY. COLORADO
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Upon motion duly made and seconded the foregoing R olut' adopted by the
following vote:
COMMISSIONER CHAIRMAN JOHN F. MARTIN , Aye
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WAL I ER A. S !OWE • Aye
-~~--~~~~~~~~~~~~~~~~~~~~-~·Aye
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ST A TE 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 trnly 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. 19 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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