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Home My WebLink About5.0 Resolution 2009-04( ( 1111 M'Jf!'\W1~ •t~Jilf.C~\r~.~W.~~HIJl11ri:~iYA II HI Rccepliontl: 71it4aa 01f1412ll09 Oll :43135 Rf'I Jean Alberico 1 of I •ec Fee·SO .OCll Doc r .. ,o .oo GMFlE\.D COUNTY co STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held m the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 5111 day of January A.O. 2009, there were present: .... Jo=hn==M ... artin..._· ------------·Commissioner Chairman _Larxy.....,.._.M..._....cCo-...wn---. __________ • Commissioner .... Ire ... .,..si ..... H..,o .... u,...pt.._ ____________ • Commissioner ... Dc,,.,bQ~rah ....... Quinn~·~----------· Assistant County Attorney .... Mari"""'""·=an_C~l=-avt__.on _________ ~. Assistant Clerk of the Board _Ed.._,,.Qrec...,....n..__ __________ __.. County Manager when the following proceedings, among others were had and done, to·wit: RESOLUTIONNO. 2009-04 A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDmONAL USE PERMIT FOR A "W AREBOUSE AND STORAGE FACILITY" IN THE RESOURCE LANDS-PLATEAU ZONE DISTRICT AND PROPERTY OWNED BY OXY USA WTP LP, GARFIELD COUN'IY PARCEL NO# 216921400026 Recitals A. The Board of County Commissioners of Garfield Cowity, Colorado, received a Conditional Use Permit application from Oxy USA WfP LP for a warehouse and storage facility which is located in the SW/4 NE/4, Section 1 S, Township 6 South, Range 97 West of the Sixth P.M., Garfield County. B. The subject property is located in the RL-Platcau Zone District. C. On January 5, 2009, the Board of County Commissioners opened a public hearing upon the question of whether the Conditional Use Permit should be granted, granted with conditions, or denied at which bearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Conditional Use Permit. E. The Board of County Commissioners closed the public hearing on January S, 2009 to make a final decision. 1 ( c F. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, bas made the .following detcnninalions of fact: 1.) That proper public notice was provided as required for the bearing before the Board of County Commissioners; 2.) That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were beard at that meeting; 3.) The Application is in confonnancc with Garfield County Zoning Resolution of 1978. as amended; 4.) That fer the above stated and other reason, the proposed Conditional Use Pczmit is in the best interest of the health, safety and welfare of the citizens of Garfield County; RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that A The forgoing Recitals are incorporated by this reference as part of the resolution . B. A Conditional Use Permit request for a "Warehouse and Storage Facility"' is approved with the following conditions: 1. That all representations 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. The Applicant shall comply with all standards as set forth in §5 .03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. Volume of sound generated shall comply with the standards set forth in the Colorado . Revised Statutes. b. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any bolDldary line of the property on which the use is located. c. 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. 2 ( c ( d. Every use shall be so operated that it does not emit beat, 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 which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and Jocal fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes . f. 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. g. All chemical and fuel storage will be enclosed in a fenced area at least eight (8) feet in height. h. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m ., Mon.-Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. le. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 3. The total area to be used for the Warehouse I Storage Area shall not exceed 2.5 acres and shall occur within the area identified by the Applicant in the Conditional Use Permit 4. The Applicant shall abide by all regulations enforced by the Garfield County Road and Bridge Department. S. In order to control dust, the Applicant shall periodically treat the driveway and storage area with an approved dust suppressant 6. The Applicant shall construct an eight (8) foot tall fence containing all areas which 3 ( store chemicals or fuels. c ( 7. All vehicles associated with this Conditional Use Permit must be licensed and in compliance with State and Federal requirements. 8. The Applicant shall construct and install a spill containment system at 110% of the total storage capacity for all liquid chemicals and fuels onsite. 9. The Applicant shall submit a weed inventoiy of the site and a weed management plan based on the inventory. This documen1ation shall be reviewed and approved by the Garfield County Vegetation Management Department prior to the issuance of the Conditional Use Pennil I 0. The Applicant shall provide a reclamation security in the amount ofS 10,000 to be held by Garfield County. The applicant has quantified the surface area to be disturbed as 2.5 acres on private land. The security of $10,000 is based on the Jong-tenn rate of$4000/acrc x2.S acres. 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 security release consideration The applicant shall provide the Vegetation Management Department with copies of the original tags from each seed bag. We do ask that the applicant specify which seed mixture they plan on using. 4 (· ( c Dated this _L3_-tkday of Ja. '4tarkf . A.O. 20.Q.L. ATTEST: Upon motion duly made and seconded the fo following vote: CQMM]SSIONER LARRY L. MCCOWN COMMISSIONER TRtsr HOUPT STATE OF COLORADO ) )ss County of Garfield ) by the I, County Clerk and ex-officio CJerk 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 band 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 s