The URL can be used to link to this page

Home My WebLink About4.0 Resolution 2007-109.pdfReception#: 737433 11/14/2007 04:1906 PM Jean Alberico 1 of 5 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 15`h day of October A.D. 2007, there was present: John Martin Commissioner Chairman Larry McCown Commissioner Tresi Houpt Commissioner Don DeFord County Attorney Jean Alberico Clerk of the Board Ed Green (Absent) County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2007-109 A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW STORAGE ON A PROPERTY OWNED BY PUCKETT LAND COMPANY DESCRIBED AS SECTION 36, TOWNSHIP 6 SOUTH, RANGE 97 WEST, GARFIELD COUNTY PARCEL NO# 241101300001 WHEREAS, the Board of County Commissioners of Garfield County, Colorado (`Board"), has received an application from the Petroleum Development Corporation for a Conditional Use Permit ("CUP") to allow Storage on their property within the RL (Resource Lands) zone district; and . WHEREAS, the Board held a public hearing on the 15`s day of October, 2007, upon the question of whether the above described CUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said conditional 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 as listed below: 1. 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. 2. Staff finds that the project results in limited impacts to surrounding properties due to its 1 ■III11111 Recepkicn#: 737433 11/14/2007 04:19:06 PM Jean Rlberico 2 of 5 Rao Fee:$0.00 Doc Fee :0.00 GRRFIELD COUNTY CO highly remote location within the subject property, on the Plateau with no residential uses within miles of the location, and is surrounded by gas drilling activities; 3. That by proceeding with this proposal there will be an overall decrease in traffic on unimproved roadways and county roads which will promote safety and wellbeing; 4. That the proposed facility meets the requirements set forth in Section 5.03, 5.03.07 and 5.03.08 with the exception of the requirement of a wildlife report and sound analysis that shall be required prior to issuance of the CUP; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Conditional Use Permit for Storage for Parcel No. 241101300001 is approved subject to compliance with all of the following specific conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. That the Applicant shall provide a noise analysis of the project prior to issuance of the CUP that demonstrates that the proposed use will not exceed the state's noise guidelines. 3. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 4. Vibration generated by the storage site 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. 5. Emissions of smoke and particulate matter by the storage site shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: The storage site 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. 7. The Applicant shall provide an approved commercial portable chemical toilet on site until restroom facilities are available at the adjacent temporary employee housing site. The portable chemical toilet shall be maintained and in sanitary conditions at all times. The Applicant must provide a contract with a service company establishing maintenance of the portable chemical toilet prior to issuance of the Conditional Use Permit. 8. That the Applicant shall provide a wildlife analysis of the project prior to issuance of the CUP that demonstrates that the proposed use will not impact wildlife in the area. 9. That the Applicant shall submit a Storm Water Management Plan prior to the issuance of the CUP. 2 ■Illh'i��P'i?<<�il�P�Ild��P�l��«h'��:I�ih,Ph91'li�+tilH�� ■1111 Reception#: 737433 11/14/2007 04:19:06 PM Jean Plberico 3 of 5 Rao Fee:$0.00 Doc Fe8:0.00 GRRFIELD COUNTY CO 10. The Applicant must install an 8 -foot chain -linked fence around the perimeter of the site which may include the adjacent temporary employee housing site. The installation of a fence requires a building permit. 11. That the Applicant shall comply with the following requirements of the County Vegetation Management Department: a. The Applicant shall submit a reclamation bond of $11,000 to Garfield County for the reclamation of the disturbance prior to the issuance of the Conditional Use Permit. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. b. Please submit an inventory of county listed noxious weeds on a weed map prior to issuance of the CUP. c. All bales used in erosion control must be certified as weed free straw or mulch. 12. That the Applicant shall comply with the following requirements of the County Road and Bridge Department: a. All vehicles hauling equipment and materials for the construction of the project and for storage will comply with Garfield County's oversize/overweight permit system. b. A letter from Petroleum Development Corporation stating what companies can obtain oversize/overweight permit operating under their bond posted with Garfield County will be sent to Garfield County Road & Bridge Department before any permits will be issued to said companies. 13. All project activities shall be required to comply with the following performance standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use 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. (3) Emissions of smoke and particulate matter.• every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use 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. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations 3 1111 F1 irrl Ali 11111 Recpnl41793:743P3Mek0o006 JeaRlberic11/17 o 4 of 5 Rec Fea:$0.00 Doc Fee: 0.00 GARFIELD COUNTY CO which may be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitarylanditll and mineral waste disposal areas: (A) Storage offlammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and localfire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacentproperty; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include benning, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that willgenerate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6p.172.1 Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on anypublic right-of-way. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 11 mill KI ply, 11V191 M INI Recept loop: 737433 11!14/2007 04:1906 PN JeanRlberico 5 of 5 Reo Fee:$0.00 Doc Fee: 0.00 GRRFiELO COUNTY CO Dated this WA -day of Oc eNvtlzrZ , A.D. 20 0 �?-. ATTEST: of the Board SEALL eaea a^ oae ��o GARFIELD COUNTY BOARD OF -QLD Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN , 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 have 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 5