HomeMy WebLinkAbout4.0 Resolution 2008-89?[##,1[+,!'""r**l H'HTYjt
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STATEOFCOLORADO )
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County of Garfield )
At a regular meeting of the Board of county commissioners for Garfield county'
colorado, held in the comiissioners' Meeting Room, Garfield county Plaza Building, in
Glenwood Springs on Monday, the 7ft day of July, 2008' there were present:
John Martin ' commissioner Chairman
I.u.r." t"I"Co*, (."bt*t) - Commissioner
TrEsi Houpt ' uommlssloner
D"" D"F"td ' CountY AttorneY
Jean Alberico ' Clerk of the Board
Pd Gr""n ' CountY Manager
whenthefollowingproceedings,amongotherswerehadanddone,to.wit:
RESOLUTION NO. 2OO8-89
ARESoLUTIONCoNCERNEDWTTHT}#APPRoVALoFATEXT
AMENDMENT io $q.02.04 (I1) AND 9.0?.07(2) OF THE GARFIELD C6INTY
ZONINGRBSbTUUON Or T9ZS, AS AMENDED, TO ALLOW FOR
CONCURRENT REVIEW OF FEDERAL, STATE, AND LOCAL PERMIT
AUTHoRITIESFoRPIPELiNEAPPLICATIoNSUBMITTALS'APPLICANTIS
ENCANA OIL & GAS (USA).
WHEREAS, the Board of county commissioners of Garfield county, colorado,
received a request amend the Garfield Lounty ZonngResolution of 1978 to allow for
concurrent r"ri"*li pipeline submittals with Federal, State and l'ocal permit
requirements in an application submitted by Enca::a oil & Gas (USA) Inc.; and
WHEREAS, on May 28, 2008, the Garfield county Planning 6ssxnls'sion recommended
approval of the p.opo.Ld text amendment to Section 9'07'04 (11) to allow for concurrent
."uir* of pipeline trrb*itt"lt with federal, state and local permit authorities;
WHEREAS, the Board of County Commissioners opened a public hearing on the
26 dry ;a Jdy, 2008 upon the question of \/hether the request should be granted or
denied, drri"g which iearing the public and interested persons were given the
opportunity toixpress their opinions regarding the text amendment; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
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7^ My of July,2008 to make a final decision; and
WHEREAS, the Board of county commissioners on the basis of substa:rtial
competent "ria"nce ;;;d; at the aforementioned hearing, has made the following
determination of facts :
1. That proper publication, public notice, and posting was provided as required by law
for the triarings before the Board of county commissioners.
2. 'thztthe public hearing before Board of County Commissioners was extensive and
complete; all pertinent iacts, matters and issues were submitted; and that all interested
parties were heard at that meeting;
3. That the proposed text arnendment can be determined to be in the best interest of the
health t f"ty, and welfare of the citizens of Garfield County;
4. That the application is in conformance with the Garfield county znrungResolution of
1978, amended;
Now, THEREFoRE, BE IT RESoLVED by the Board of County
Commissionro oi G-fi"Id County, Colorado, that based on determination of facts set
forth above, the requested amendmint to the Garfield County ZorttngResolution of 1978'
as rmended
9.07.04(11) use Rights/Permits/Authorizatious (and stipulations): attach a copy of
any documents grunting tia use rights, permits, authorizations (including stipulations)'
The process of obtainlng use rights, other tha:r private rights-of-way leases or other
agre€ments, permits, andirtho;zitions (including stipulations) from any federal, state or
local agency -uy o""* concurrently with review of this application' If .concurrent
review occurs, a condition of approval will be applied, in accordance with Section
g.O7.O7 below, r"q"iri"g the submittal of documents showing the approved federal, state
or local use rigf,tsl ptr#t or authorizations (including stipulations) prior to the issuance
of the Garfield Ctr"ty Administrative Permil Private rights-of-way, Ieases, or other
ugr**"nt gl-tiog .rrtf""" use must be included with the application in accordance with
Section 9.07.04(4) above.
g.O1.O7e; If the Planning Director finds that the application does not meet an
applicable stanaard or standalds! the application shall be approved -with appropriate
reasonable "ooaitiorrs
i-posed to avoid or minimize the significant adverse impacts of
the development. such conditions may include,, but are not necessarily limited to,
provision oi f"d"r"l, "t te or local permits or other documents granting use rights (refer to
Section 9.07.04(l ii above; the relocation or modification of proposed access roads'
facilities or stmctures; landscaping, buffering, or screening; posting of adequate financial
guarantees; *-pli*"" with'splcified surface reclamation measlues; or any other
measures ,.""rru.y io mitigate any significant impact on surrounding properties and
public infrastmcture'
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Dated this olt day of Jl\ , A.D.2008.
ATTEST:
Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin , AYe
frtty tut"Co*q ' Absent
Trdsi Houpt , AYe
STATE OF COLORADO
County of Garfield
T . County Clerk and ex-officio Clerk of the
Bo.d ;i' e 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
officc.
IN WT;NESS WHEREOF, I have hereunto set my hand and afExed the seal of
said County, at Glenwood Springs, fft ------ day of ' A'D' 2008
County Clerk and ex-officio Clerk of the Board of County Commissioners
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GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
COUNTY,
the Board