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Home My WebLink About4.0 Resolution 2004-128I llllll lllll lllllll llll llll llll llllllll Ill lllll llll llll 665758 12/22/2004 12:15P B16~0 P88 M RLSDORF 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 Plaza Building, in Glenwood Springs on Monday, the 20th day of December, 2004, there were present: .-J ..... o=hn=--M=a=rt=i"=-----------------• Commissioner Chairman _L~a~nx~M--..-cC .... o~w ........ n _______________ , Commissioner -'T~r=es=i""H.:.:o ... u~pc:...t ----------------• Commissioner =D_o=n~D~e=F~o~rd=----------------•CountyAttorney -.M~i_,ld.._re=d._.A:.-::l=s=do=rf...__ _____________ , Clerk of the Board -=E__,d;..G-=--re_.e=n ________________ , County Manager when the fo1lowing proceedings, among others were had and done, to-wit: RESOLUTION NO. 2004-128 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR THE OPERATION OF AN INDUSTRIAL PROCESSING FACILITY FOR AMERICAN SODA LLP AND THE AMENDMENT OF RESOLUTION NO. 99-055. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Am~rican Soda LLP. concerned with a Special Use Permit to allow for an Industrial Processing Facility; WHEREAS, the Board held a public hearing on the 17th day of August, 2004, 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 Pennit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following detennination of fact: 1. That proper publication and public notice were provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, I llllll lllll lllllll llll ll\l llll llllllll Ill lllll llll llll 665758 12/22/2004 12:15P 81650 P89 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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 compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. 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 Countyl Colorado, that the Special Use Pennit be and hereby is approved to allow an Industrial Processing Facility, upon the following specific conditions: 1. All proposals of the applicant and representations made at the hearing shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. All conditions of approval contained in Resolution No. 99·055 shall be considered conditions of approval for this application. Those conditions being: 1. 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 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. 3. That the operation of the facility be done in accordance with any federal, state or local regulations goveming 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·prernise sign.age. 1111111111111111111111111111111111111111111111111111111 665758 12/22/2004 12:15P 81650 P90 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO f. A detailed transportation study and plan outlining the estimated impacts to Coun 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 perm supplemental regulations. 5 . That the applicant provide a road bond covering other road deterioration or mitigation o impacts to County Road 215 as may be created by the applicant's activities or as require by the Road and Bridge Department. 6. The County shall retain, at American Sodas expense, an independent engineer for plan check and an independent building inspector also detennined by the County. 7. The applicant shal 1 obtain all necessary building pennits as required by Garfield County and shall compensate the County for any and all extraordinary costs associated with the issuance of the special us~ 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 req uired . 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 licenses 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 an Emergency Preparedness Plan Draft prior to occupancy. Annual updates detailing compliance and readiness shall be provided annually from the date o f issuance of the special u se pennit to the County. 14. 111e applicant shall obtain approval and provide to the Co unty all permits listed on Page 32 of the Staff Report within thirty (30) days of the date indicated. Extensions to these I llllll lllll lllllll llll llll llll llllllll Ill lllll llll 1111 665758 12/22/2004 12:15P 81650 P91 H ALSOORF 4 of 5 R 0.06 D 0.00 GARFIELD COUNTY CO deadlines may be granted at the discretion of the Board of County Commissioners without further public hearing. 15. Upon issuance of the special use pennit the following, previously adopted Resolutions approving special use permits as apply to the 1,000 acre parcel described in this application, shall be repealed: a. Resolution #81-11 b. Resolution #81-l 00 3. Resolution #82-186 l 6. The applicant shall provide to the County, closure reports for the following Correction Action Plans for remediation: a. Active Basin; Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (flLA, 1996a) b. Inactive Basin; Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (flLA, 1996a) 3. Temporary Basin No .1; Final Clean Closure Plan Report for the Temporary Basin Nos . 1 and 2, Parachute Creek Shale Oil Facility (flLA, 1998b ) c. API Separator; Phase I Closure and Engineering Evaluation Report, t Active and Inactive Basins Closure Project (fILA, l 996b) d . Plant Effiuent Lift. Station; Phase I Closure and Engineering Evaluation Report, Active and Ina_ctive Basins Closure Project (fILA, 1996b) e. Underground Storage Tanlc-Maintenance Building; Environmental Site Assessment and Underground Storage Tank Closure Report (Chen Northern, 1993) f. Upgrade Facility-Parachute Creek Shale Oil Facility (flLA No.416502) 17. American Soda shall assume all liability and responsibility for the Oily Water Sewer remediation as identified in flLA No.416502 and make suostantial progress of monitoring and remediation 18. The applicant shall provide to the County a Site Rehabilitation Plan detailing basin closures and all requrred remediation to the satisfaction of the Board of County Commissioners pnor to occupancy. 19. 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. Dated this 20thday of __ D_e_c_e_m_b_e_r __ , A.D. 2004 ATTEST: 11111111111111111111111 11111111111111111111111111111111 665758 12/22/2004 12:15P 816!0 P92 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution John Mar:in LanyMcCown Trcsi Houpt 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. JN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.O. 2004 County Clerk and ex-officio Clerk of the Board of County Commissioners