HomeMy WebLinkAbout4.0 Resolution 2005-09•
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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 3rd day of January A.D. 2005, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 5- 0 9
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR AN INDUSTRIAL SUPPORT FACILITY TO INCLUDE
PROCESSING AND A PIPELINE
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application from Williams Production Co. RMT, for a special use permit ("SUP") to
allow for a Industrial Support Facility to Include Processing and a Pipeline within the R/L (Resource
Lands); and
WHEREAS, the special use is located at 4289 County Road 215, 4 miles north ofParachute,
also in Section 4, Township 7 South and in Sections 27, 28, 29, 32, 33 and 34 Township 6 South all
in Range 96 west of the 6th Principle Meridian, Garfield County, Colorado; and
WHEREAS, the Planning Commission held a public hearing on the 8th day of December,
2004, at the request of the Board upon the question of recommendation with conditions of approval
for the above described SUP to then be directed to the Board, and at that hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval of
said SUP; and
WHEREAS, the Board held an initial public hearing on the 20th day of December, 2004, upon
the question of whether the above described SUP 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 SUP, and where the public hearing was continued by the request of the Applicant;
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and
WHEREAS, the Board opened and continued the public hearing on the 3rd day of January,
2005, upon the question of whether the above described SUP 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 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 as listed below:
1. Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. 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.
3. The above stated and other reasons, the proposed special use permit has been determined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the
following specific conditions:
1. All representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval,
unless specifically altered by the Board.
2. The Applicant shall comply with all applicable requirements of the Garfield County Zoning
Resolution of 1978, as amended.
3. The Applicant shall comply with all State and Federal regulations and standards, concerning
Noise Abatement, Water and Air Quality.
4. Vibration, emission of smoke and particulate matter, and the emission of heat or radiation
shall comply with applicable Federal, State, and County laws, regulations and standards.
5. Any signage installed on-site shall comply with the County's sign regulations.
6. Any changes to the Special Use Permit for all uses as listed in the application as amended
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Williams Production RMT
Parachute Creek Gas Plant Expansion
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from previous approvals and the exhibits as attached shall require a new Special Use Permit.
7. The Applicant shall respond to any alleged complaint regarding debris, trash or other
materials deposited by and associated with the proposed use outside of the fenced area and on
private or public land within 24 -hours of the initial complaint.
8. The Applicant shall make all improvements which address the concerns of the Garfield
County Road and Bridge Department regarding the application of paint striping to CR 215
and the installation of appropriate directional and safety signage. Said department shall
respond to the County Building and Planning Department in writing when their concerns have.
been satisfied. These improvements shall be done prior to the 6 month SUP review as noted
in condition 18 noted later in these conditions.
9. The Applicant shall paint the proposed use structures with non -reflective Desert Brown paint
as proposed in the application prior to the 6 month SUP review as noted in condition 18
noted later in these conditions.
10. The proposed use shall be fully enclosed by an 8' tall chain link fence at the perimeter of the
plant and it shall connect directly into the existing chain link fence that surrounds the existing
plant. A Building Permit will be required for the exterior 8' fence which shall be erected prior
to the 6 month SUP review as noted in condition 18 noted later in these conditions.
11. As per Garfield County Regulations and COGCC rule 803, the Applicant shall maintain that
all site lighting shall be pointed downward and inward to the property center and shaded to
prevent direct reflection on adjacent property.
12. A Revegetation bond is be required by Garfield County for the new and existing plant site
totaling approximately 20 acres of surface disturbance and a security in the amount of
$20,000 ($1,000/acre) shall be secured by Garfield County prior to issuance of the SUP. The
security shall be held by the County until vegetation has been successfully reestablished
according to the Reclamation Standards in the Garfield County Weed Management Plan.
13. The Grand Valley Fire Protection District (GVFPD) shall review the proposed use and
respond in writing to the Garfield County Building and Planning Department noting that all
concerns of the District have been met. This shall be done prior to the 6 month SUP review as
noted in condition 18 noted later in these conditions.
14. When the current special use is abandoned, the Site Rehabilitation Plan which is highlighted in
this report and found in the application shall be followed and shall be applied to the
reclamation of all previous uses permitted as SUP's #1981-14, #1981-100, #1980-11, #1992-
101 and #2002-67; including but not limited to removal and reclamation of water tanks,
internal roads, pipelines, concrete pads and foundations, utility drops, RV hook-ups and other
facilities. The Applicant affirms that these requirements rest with the land and that the
applicant shall make these requirements known to any heirs, assigns or purchasers of property
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Williams Production RMT
Parachute Creek Gas Plant Expansion
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subject to this Special Use Permit.
15. The Applicant has proposed five (5) new buildings for the plant expansion. These buildings
are proposed for maximum sizing and may be constructed in smaller dimensions. The
Applicant has provided the Building and Planning Department with an updated final "site
plan" which indicates the locations of the aforementioned 5 buildings.
16. The Applicant shall implement and properly manage (1) the "Stormwater Management Plan"
and (2) the "Spill Prevention Control and Countermeasures Plan" as prepared by Cordillerian
Compliance Services Inc. as submitted in the application throughout the life of the proposed
use.
17. If the proposed use allegedly produces a volume of sound which violates noise standards as
set forth in the Colorado Revised Statutes, the Applicant shall hire an acoustical engineer,
measure the amount of noise, and if in violation implement proposed mitigation measures of
the nuisance noise within 60 days
18. Additionally, as per section 9.03.05 which allows Periodic Review, the Special Use Permits
shall be made subject to a review at six (6) months from the date of Issuance of the Special
Use Permit. The purpose of such review shall be to determine compliance or noncompliance
with any performance requirements associated with the granting of the Special Use Permit.
Such review shall be conducted in such manner and by such persons as the County
Commissioners deem appropriate to make the review effective and meaningful. Upon the
completion of the review, the Commissioners may determine that the permit operations are in
compliance and continue the permit, or determine the operations are not in compliance and
either suspend the permit or require the permittee to bring the operation into compliance by a
certain specified date. If a determination is made that the Permit shall be modified or
revoked, a Public Hearing shall be scheduled as per the County regulations at such time to
proceed with said action. Such periodic review shall be limited to those performance
requirements and conditions unposed at the time of the original issuance of the Special Use
Permit.
Williams Production RMT
Parachute Creek Gas Plant Expansion
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Dated this 1 Oth
ATTEST:
day of January
, A.D. 2005
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
rk of the Board
vote:
Upon motion duly made and seconded the foregoing ' esolu ' • n as adopted b i e following
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Aye
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 ofthe Proceeding ofthe 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
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Parachute Creek Gas Plant Expansion
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