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Home My WebLink About2.0 Resolution 2008-125.pdf1111 ~ir_.No:J:f«l M'~liil~ 13' · l{('41W'11l•U' ,If ,ll,ilk ~iii 11111 Recept1onij; 758155 11/051201118 09:3:1:15 RM Je, 1Jberico 1 of 4 Rec FeQ:$0.00 Doc Fee:B.00 GARFIELD COUNTY CO STATEOFCOLORADO ) )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 6th day of October, 2008, there were present: =Jo=hn~M=art=in=----------------' Commissioner Chairman =L=any=-,_,M~c=C=o~wn~-------------~' Commissioner _._T~re=s~i H~ou,,..p""t ________________ , Commissioner .,,C,,,.ar.,o,...lvn'-"-'D"'"ah"'""'l"'gr""e""n ______________ ,, Deputy County Attorney ~Je=an~A=l=be=n=·co~-------~------' Clerk of the Board =Ed~G=r=ee=n~(=ab=s=e=nt~)------------~· County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2008-_M£ A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT FOR A UTILITY FACILITY (16" NORTHWEST GARMESA NATURAL GAS TRANSFER LINE) OWNED BY PUBLIC SERVICE COMPANY OF COLORADO, GARFIELD COUNTY, LOCATED SECTIONS 20, 29, 31, 32 (T7S,R102W) AND SECTIONS 5, 8 IN T8S, R102W, 6TH P.M. Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 2"d day of January, 1979, the Board adopted Resolution 79-01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.02.03 of the Zoning Resolution of 1978, an application for a Conditional Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all the provisions of the Zoning Resolution. D. The Board held a public hearing on the 61h day of October, 2008, upon the question of whether the above-described Conditional Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to llll llJ~.r~i:W~H!LU1 1 1.' 1~~/llW~!~lr~J,~ll·~.U 11111 Reception«: 758155 11/05/2008 ~9:31:15 AM ., . Rlberico 2 of 4 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO express their opinions regarding the conditional use permit. E. The Board of County Commissioners closed the public hearing on October 6th, 2008, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. 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 this Resolution. 2. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended, was provided as required by law for the hearing before the Board of County Commissioners. 3. An application for a conditional use permit was made consistent with the requirements of Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended. 4. The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. 5. The proposed conditional use permit is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 6. The proposed conditional use permit is in conjunction with a proposed special use permit for sections of the utility facility that lie on private lands. 7. The proposed conditional use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 8. The Conditional Use Permit for a utility facility (16" Northwest GarMesa Natural Gas Transfer Line) owned by Public Service Company of Colorado, shall require that the following conditions be satisfied: A. All representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. B. The operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. llll llJP.111\'t:.~~L~ ~U'ilii ~:rllr•: l'~l~tl' /\L:•l'rlMW. 11111 ReceptionU: 758155 11105/2008 09:31:15 PIM J, lberico 3 of 4 Rec Fee:$0.00 Doc F-i.00 GRRFIELO COUNTY CO C. The Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Public Utilities Commission (PUC) and the International Fire Code as the Code pertains to the operation of this facility. A safety plan shall be developed with the Lower Valley Fire Protection District. D. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. E. Vibration generated: the utility line and related facilities 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. F. Emissions of smoke and particulate matter: the utility line and related facilities shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. G. Emission of heat, glare, radiation and fumes: the utility line and related facilities shall be so operated 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. H. No temporary human occupation is requested in conjunction with these permit request, and no permission for such is granted. I. That proper building permits are obtained for the structures associated with the operation of the utility line and related facilities, and proper permits and permissions from affected landowners related to the installation and operation of this facility be in place. J. Revegetation bonding shall be put into place and an updated reclamation plan for this acreage shall be submitted prior to the issuance of the permits. K. Division of Wildlife recommendations shall be conditions of approval. L. A total of two temporary staging areas for the temporary storage of materials are permitted for the project. Dated this 3 11 L day of hitt! , A.O. 2008. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, ~~~~:in motion duly made and seconded the foregoing the following vote: COUNTY, John Martin , Aye Larry McCown , Aye Tresi Hou t , Aye 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 WI1NESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 2008 County Clerk and ex-officio Clerk of the Board of County Commissioners