HomeMy WebLinkAbout4.0 Resolution 97-73STATE OF COLORADO
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County of Garfield
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At a regular hearing 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 4th of August A.D. 19 97 , there were present:
Marian I. Smith absent
John Martin
Larry McCown
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner Chairman Pro -Tem
, Commissioner
,County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 7 - 7 3
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR
THERMOGAS COMPANY
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application
from Thermogas Company for storage of not more than 30,000 gallons of LPG on the following described
tract of land:
Section 5, T6S, R91 W of the 6th P.M.; Tract 4 of the Adair Rippy Subdivision Exemption
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the 28th day of July 1997, upon the question of
whether the above-described Special Use Permit should be granted or denied, at which hearing the public
and interested persons were given the opportunity to express their opinions regarding the issuance of said
Special 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:
That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
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2. That the 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. That the application is in compliance with the Garfield County Zoning Resolution of 1978,
as amended.
4. For the above stated and other reasons, the proposed Special Use Permit is in the best interest
of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the above
described tract of land for the storage of not more than 30,000 gallons of LPG, upon the following specific
conditions:
1. That all proposals of the applicant made in the application and at the public hearing with the Board
of County Commissioners shall be considered conditions of approval, unless specified otherwise by
the Commissioners.
2. All LPG storage shall be in compliance with state and federal regulations (NFPA 58) governing this
type of storage. The applicant/operator of the site shall file an emergency management plan with the
local fire protection district and the Garfield County Office of Emergency Management.
3. The minimum defensible space distance for structures and storage tanks containing LPG shall be 30
feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at
sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine
defensible space requirements for the required defensible space within building envelopes in areas
exceeding five (5) percent grade.
4. It shall be the responsibility of the applicant/operator of the site to control noxious weeds on the site.
5. The applicant shall submit a landscaping plan for the subject tract that, in the opinion of the Board
of County Commissioners, obscures and mitigates visual impacts created by the storage use. The plan
shall include provisions for maintenance and survival of the plantings. Survival of the plantings shall
be guaranteed for a minimum of two years.
6. The applicant/operator should obtain a recorded copy of the protective covenants associated with the
subject tracts and should comply with the terms of said covenants.
7. Portable toilet facilities shall be provided and maintained by the applicant/operator of the facility.
8. The entrance gate to the site shall be offset a sufficient distance, within the site, to allow delivery
trucks to pull completely off the frontage road when opening/closing the gate.
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The Special Use Permit for Storage of up to 30,000 gallons of LPG shall be issued upon a showing
of the applicant/operator of the site that the conditions of approval contained herein have been
satisfactorily met.
10. The applicant shall submit to the Planning Department a letter from the Homeowner's Association
and the adjacent (notified) landowners, if they can be located, approving the landscaping plan.
Dated this 5th day of August , A.D. 19 97 .
ATTEST -
Clerk of
TTEST:
Clerkof the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORAD
Chairma
Upon motion duly made,and seconded the foregoing Resolution was adopted by allowing vote:
Marian I. Smith
-John Martin
Larry McCown
absent
STATE OF COLORADO )
)ss
C arty of Garfield )
aye
, aye
1, , 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
tion is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said (rfleTd 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. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners