HomeMy WebLinkAboutResolution 2009-69N111hYPigtniV N4:UALNOLIIVINiih:11/I4YfIH' 11 III
Rece09/22/2009 11:26:11 PM Jean Alberico
1 of 7 Rec 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 Courthouse, in Glenwood
Springs on Monday, the 10th day of August A.D. 2009, there were present:
John Martin
Mike Samson
Tresi Houpt
Don DeFord
Jean Alberico
Ed Green (absent)
Commissioner Chairman
, Commissioner
, Commissioner
County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit
RESOLUTION NO. 2009- 69
A RESOLUTION CONCERNED WITH ITH APPROVAL OF A LAND USE CHANGE
PERMIT FOR A STORAGE FACILLTY ON 3.12 ACRES OF A 44.61 -ACRE PARCEL
OF LAND OWNED BY ENCANA OIL & GAS (USA), INCORPORATED,
LOCATED SOUTH OF SILT, OFF COUNTY ROAD 331,
IN SECTION 11, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE 6TH PM,
GARIELD COUNTY
PARCEL 'NO# 2401-112-00-219
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application for a Land Use Change Pertnit to allow for the construction and operation of a
Storage Facility on 3.12 acres of a 44.61; -acre parcel owned by EnCana Oil & Gas (USA) Inc.
located east of County Road 331, south of Silt.
B. The 3.12 acres of a 44.61 -acre parcel is located east of County Road 331, south of Silt
in Section 11, Township 7 South, Range 92 West of the 6th PM, in Garfield County, Colorado,
and is legally described in a recorded warranty deed incorporated by this reference Garfield
County Clerk & Recorder's Reception # 633882.
C. The subject property is contained within the Rural zone district and a Land Use
Change Permit for a Storage Facility as per `Storage: Supplies, Machinery, Equipment or
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Products' requires a Limited Impact Revieyr to be processed by Garfield County.
D. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit for a Storage Facility as per `Storage: Supplies, Machinery, Equipment or
Products' pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land Use
Resolution of 2008, as amended.
E. The Board of County Commissioners opened a public hearing on the 10th day of
August, 2009, upon the question of whether the Land Use Change Permit application for a
Storage Facility should be granted or denied.
F. The Board of County Commissioners opened a public hearing on the 10th day of
August, 2009, during which hearing the public and interested persons were given the opportunity
to express their opinions regarding the application, then closed the public hearing to make a final
decision.
G. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the public hearing
before the Board of County Coinmissioners.
2. The public 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. The above stated and other reasons, the proposed Land Use Change Permit for a
Storage Facility as per `Storage: Supplies, Machinery, Equipment or Products' has
been determined to be in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements for a Limited Impact Review (Article IV)
and associated applicable Standards (Article VII) of the Garfield County Unified
Land Use Resolution of2008, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
1. The forgoing Recitals are incorporated by this reference as part of the resolution.
2. The Land Use Change Permit to
allow for the construction and operation of a Storage
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Facility as:per `Storage: Supplies, Machinery, Equipment or Products' on 3.12 acres of a
44.61 -acre tract of land, located on CR 331, is hereby approved subject to compliance
with the following conditions:
1. Proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. The meeting 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 meeting.
3. The above stated and other reasons, the proposed special use permit has been
determined to be in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
4. The application has met :the requirements of Limited Impact Review Permit
(Sections 4-501) the Garfield County Unified Land Use Resolution of 2008 as
amended.
Staff recommends the Board approve the request for a Land Use Change Permit
through the Limited Impact Review process to allow for the construction and operation
of a Storage Facility on 3.12 acres of a 44.61 -acre parcel owned by EnCana Oil & Gas
(USA) Inc. with the following conditions:
1. All representations of the Applicant, either within the application or stated at the hearing
before the Board of County Con4missioners, shall be considered conditions of approval
unless explicitly altered by the Board.
2. The operation of the facility shall be clone in accordance with all applicable Federal,
State, and local regulations governing the operation of this type of facility.
3. The Applicant shall comply with the fire protection provisions included in the rules and
regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the
International Fire Code as the Code pertains to the operation of this system.
4. Updated emergency contact information shall be put in place on site and provided to the
fire service provider (Burning Mountains Fire Protection District) no less than annually.
5. The F11E Storage Facility shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible, without instruments, at any point of any
boundary line of the property on which the use is located.
6. Volume of sound generated shall comply with the standards set forth in the Colorado
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Revised Statutes for residential levels.
7. Emissions of smoke and particulate matter: the Fl lE Storage Facility shall be so operated
so as to comply with all Federal, State and County air quality laws, regulations and
standards.
8. The operation shall be required to meet the waste handling requirements of the CDPHE
as a condition of approval.
9. Emission of heat, glare, radiation and fumes: the F11E Storage Facility shall be operated
so that it does not emit heat, glare, radiation or fumes which substantially interfere with
the existing use of adjoining property or which constitutes a public nuisance or hazard.
10. All permanently affixed equipment and structures shall be painted with non -reflective
paint in colors approved on site by Staff to reduce glare and reduce visual impacts.
11. To reduce the visual impact, especially from residences nearby, the earthen berms shall
be increased by four (4) vertical feet, and do not have to be removed during reclamation.
12. Any temporary lighting shall be pointed downward and inward to the property center and
shaded to prevent direct reflection on adjacent property.
13. The Applicant shall be to required to perform dust mitigation and road maintenance on
the section(s) of the roadway that are their responsibility:
a. The roadway connecting from CR 331 to FI 1E well pad site shall be graded in
response to assessment by the Garfield County Road & Bridge Department,
b. Dust abatement shall be performed as per a schedule recommended by
Garfield County Road & Bridge Department.
14. Proper permits from Garfield County Road & Bridge for overweight/oversize vehicles
and traffic control plans during ,the installation of structures and tanks are also required
15. A traffic threshold level of 3 ADT shall be in place for the traffic to the site. Should that
threshold level be exceeded, the Applicant shall, within 40 days, provide Garfield
County with a plan that includes traffic analysis by a qualified engineer, a dust
abatement program / road maintenance schedule to the satisfaction of Garfield County
Road & Bridge Department.
16. To ensure safety to wildlife and domestic animals:
a. All fencing shall follow Division of Wildlife `wildlife friendly' fencing
requirements. Industrial chain link fence shall be replaced with 2" x 4" mesh
horse fence.
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b. A bear -proof dumpster or waste container shall be provided on the site,
c. No domestic animals,; such as dogs, shall accompany employees or
subcontractors to the site:
d. Construction shall be limited to the `ideal construction periods' listed in the
Wildlife Impact and Sensitive Species Report for FI IE Tank Storage Yard.
17. Prior to the issuance of the permit, the Applicant shall be required to provide adequate
security to re -vegetate the site; and cut slopes.
a. The Applicant shall provide the Garfield County Planning Department Project
Engineer revised construction drawings showing the appropriate buffer, and
stipulate on the drawing that a construction fence to satisfy the fence
recommendations in 7-201(c.) will be placed along the buffer line to prevent
equipment from entering the buffer area.
18. The Applicant shall provide a short term re -vegetation security of $2500 per acre.
19. Prior to the issuance of the permit, a security to reclaim the site shall be provided by the
Applicant in the amount of $4Q00 per acre for the 3.12 acres.
If the use as the F11E Storage`t Facility is ended, reclamation shall be initiated within
60 days and meet the requirements set forth in the reclamation plan in place on the
date the Land Use Change Permit issued, or the site reclamation standards in place at
the time of use cessation, whichever is more stringent.
The reclamation standards at ;the date of permit issuance are cited in Section 4.06,
4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-
94).
20. Proper building or grading pbninits shall be secured from Garfield County prior to
construction.
21. The maximum number of `frac' tanks shall be 50.
22. No hazardous or industrial waste may be stored at this facility.
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Dated this (2Idayo
ATTEST:
, A.D. 20
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
of the Board t Chairm
Upon motion duly made and seconded the fore Resol tion - as ado. ed by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER TRESI HOUPT
COMMISSIONER MIKE SAMSON
, Aye
, Aye
, Aye
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 hake hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
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6336 2 66/1192003 04t42P 04504 9296 M RLSD6RE!
2 of 3 R 16.00 D 61.00 GRRFIELD COUNTY CO
E,Eibll A.
A. parcel of Innd located in Sedtibtts 10 oud 11, Tnansh!Q 7 South, Renga91 hest of the Such Principal Meridian; Garfield
County, Colorgdo, staid parte) Is more particularly descrRicd as follows:
0egihni'g at point on the North boundary tit Uic Soolbdnst Quarter of the Northeast Qunitcr of said Section 10, whence thy
Northeast Corner of sold. Southeast Quarter of the Nor111easf Quarter bents Norrfi 89°14'59" East a distance of 447.03 that
and a0tltofoilowlhg tiearin8s contained hafeha arc GogoOle thereto;
ThonemNotllI 8914'56" East: a dislanee or 442.03 feet tits;td Northeast corner;
'thence Sonfh 24°27'05" Nast a castrato of 47;61 feet;
Thence South 57.25153" East, a distance of 264:12 tech
Thence South 3679'56" East, a dstnce of 12730 feel;
Thence south 201314" East, a distance of120501ec1;
Theme South 41°51'57' East, a distance of 129,77 feet;
Thence South 62°16'17" East, a distance of 70.22 feet;
Tli;nce Sbuth 90°49'36"East, a distance 436317 feel;
1 ,c,ice $oath 57°44'117" East, a distance of 116,57 feet;
Thence $euth45°50'02" Easf, a climate Of 87,44 fag
Thence Sou& 17°41'59" East a diit1nea o1145,18.feet;
Thence South 40°26:13" East n distghce of 6338feett
Thence -t otth 4$124!5p6 tan, a dlsWnce of 168.92 feet;.
Thence, North 73'12.49" Basta distance Of 135.01 fed,
ThenceSouth 75'45'45" Enst, a dislanee of 165193 feet;
Thence North 51°56'13^ East, n dIslboce of 45619100
Thdnci.North 03°17'16" West, adistance of53735-fectt
Thence South 28'54'16" East, a distance of 564:73 feet
Thaneo.North 45°05'33" East, a distance of 90739 Poet;
Thence North 00°19'57" East, 2 dtstance 0125.85 feet;
Mena -Shunt 89"44124" West, -a distance 61164094 feel;;
Thence Nuiih 05"36'15" West, a distaneo of779S6.idem
Thence North1612B'40"East, it distance of 307.56 fed;
Then° North 16+2$36" West, a distance of 49.89 feet;
Thence North 1942'58" West, n diatom of64.43 feet;
Thchee Nortli 3594627" West, a distance of8234 feet;
Thence Nor1h0012116" East a distahce'6f 87555 feet;
TIse ce North@4°32'S1" It sl, a dislaooe of347i14.Icett
Thence,Notth 7617111" West, a distance of1775;55 feet;
Thome South 01"5713" East, a distance of 441,81 feelt
ThenceSouth 01°46'28" East, a diStance 0(242,74 fent;
ThenceSoutb,37115'43" East a ilistnnce-of 325.67 feet;
Thence North 89°16'40" East, n distance -06992 feel;
'theec9 Saute004'33" Bast, a distance of 881.81 feet;
Theme South 08°24'35" West, a distance of327,51 iter;
Thence South 12°48'32" East, e distance of14334 feet 10 die point of beginning.
County ofGerfidd, Stale of Colorado
TOGETHER \wry, BUT WITHOUT WARRANTY, FOUR SHARES OF STOCK IN THE DIVIDE CREEK HIGH LINE MCl/
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