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HomeMy WebLinkAbout3.0 Resolution 84-99STATE OF COLORADO County of Garfield Recorded at ss.Rtion No o'clock A M JUN O 19B4 rte. MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO BOOK G5( PAGE8S5 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs, on Monday , the _y__ day of June , A.D. 1984, there were present: Larry .Velasquez , Commissioner Chairman Flaven J. Cerise , Commissioner _ Eugene "Jim" Drinkhouse , Commissioner Earl Rhodes , County Attorney Stan Broome r County Manager Mildred Alsdorf , Clerk of the Board when the following proceedings, done, to -wit: among others, were had and RESOLUTION NO. 84- j RESOLUTION CONCERNED WITH THE ADEQUACY OF THE STORM KING MINES FISCAL IMPACT ANALYSIS WHEREAS, the application of Storm King Mines to develop a coal mine project to be located in the unincorporated area of Garfield County, Colorado, in portions of Townships 5 and 6, Ranges 89 and 90 West of the 6th Principal Meridian, is subject to ` the requirements of § 5.08 of the Garfield County Zoning Resolution of 1978, mandating that a fiscal impact mitigation program be developed since the Applicant intends to apply for land use permits from the County for its coal mining operations and related facilities, and qualifies as a major project for the purpose of the Fiscal Impact Mitigation Regulations, as it will employ, at any one time, a total work force of two hundred (200) or more employees in Garfield County; and WHEREAS, pursuant to the requirements of the Garfield County Fiscal Impact Mitigation Program, § 5.08, Storm King Mines (hereinafter referred to as the "Applicant"), did file a Statement of Intent to apply for land use permits for the operation of a major project, as defined at § 5.-08.02.08, on September 22, 1983, in accordance with the requirements of § 5.08.04.01; the Applicant filed a Pre -Application Notice with the Board of County Commissioners, in accordance with the requirents of § 5.08.04.03 on November 18, 1983; the Board referred the Pre -Application Notice to the appropriate government entities within the impact area, as defined at § 5.08.02.05, and did cause the appropriate notice of the pre -application to be given, in accordance with the requirements of § 5.08.04.04; the Board did cause public informational meetings to be held on the Pre -Application Notice, in accordance with the requirements of § 5.08.04.05 on Decemher 12, 1983 in Glenwood Springs, Colorado, on December 13, 1983 in New Castle, Colorado, on December 15, 1983 before the Garfield County Planning and Zoning Commission, and on January 16, 1984 before the Board; a Pre -Application Report was prepared, at the direction of the Board, following the public meetings, in accordance with the requirements of § 5.08.04.06, and made public on February 6, 1984; this Report contained a summary of the comments which the public and government entities made at the public meetings, and included a statement of the Applicant's proposed scope, approach and schedule for. theFiscal Impact Analysis; and WHEREAS, the Applicant, on March 12, 1984, submitted to the Board a. fiscal impact assessment of its proposed major project, dated March. 9, 1984,in accordance with the BOOK Ea) AGES89 requirements of § 5.08.05; the Applicant's Fiscal Impact Analysis :was prepared, following the consultations required by § 5.08.05.01, and copies were transmitted to each government entity within the impact area, as required; the Board did, in accordance with § 5.08.05.03, create an Advisory Committee to assist in the review of the Applicant's Fiscal Impact Analysis, which Committee met on April 13, 1984, and whose comments on the adequacy of the Fiscal Impact Analysis were solicited on April 19, 1984; the Advisory Committee met with the Garfield County Planning .and Zoning Commission to review the Fiscal Impact Analysis on April 25, 1984 and May 2, 1984; the Advisory Committee and the Planning and Zoning Commission did prepare a Report of their findings and recommendations with regard to the Fiscal Impact Analysis for the Board, which was presented to the Board for its consideration at the public hearing held before it on May 14, 1984, at which time the adequacy of the Applicant's Fiscal Impact Analysis was considered; and WHEREAS, the, Advisory CommitL.ee and the Planning and Zoning Commission. have conducted the puLlic .meetings and solicited' public input, as required, and have found that the Applicant's Fiscal Impact Analysis is generally adequate for use .in the preparation of a fiscal impact mitigation program, in accordance with § 5.08.07; provided that the Applicant satisfactorily addresses the specific issues in its mitigation Program set forth in the report of the Garfield County Planning Commission, dated May 1=, 1984; and WHEREAS, the public hearing before the Board, held on May 14, 1984, pursuant to the requirements of § 5.08.06.03, was extensive and complete, proper public notice having been given,:_ with all pertinent facts, matters and issues submitted and considered, and all interested parties, including the Applicant, having been given ample time to be heard; the Fiscal Impact Analysis, which the Applicant has prepared and submitted, appears to be generally adequate and in conformance with the requirements of 5 5.08, and the Board's directive to the Applicant of February _ 6, 1984, ` as set forth in the Pre -Application Report. NOW, THEREFORE, BE IT RESOLVED as follows: 1. Substantial ':competent evidence has been presented on the record at the public hearing, held before this Board on May 14, 1984, concerned with the general adequacy of the Fiscal Impact Analysis; submitted by Storm King Mines, in accordance with the requirements of �5 5.08, which the Board does find to be sufficient for the Applicant to submit an appropriate fiscal impact •mitigation program for Board approval simultaneously with its applications for the land use permits required for the major project 2. Any such. fiscal impact mitigation program, which the Applicant submits, shall address, at a minimum, the following areas to be mitigated by the Applicant.The mitigation program shall provide that: • Housing is available for the employees of the major project; ▪ Additional public services and facilities, including operating costs" necessary to mitigate impacts of the major project shall be provided or available, or additional revenues provided or available to each government entity. These shall be sufficient to mitigate impacts of the major Project. or the impacts created by the employees of the major project and their households; 500K 650 PAGE 88 The- applicant will provide for capital costs -of construction of new or expanded public facilities necessary for each government entity to provide the "services required by the major project, or the employees of the major project and their households; There is a plan to address any fiscal impacts.,, on government entities resulting .` fr}m the delay or abandonment of the major project after ":any land use permits are issued by the County; There is an emergency services plan addressing fire protection, ` ambulance services, hospital and emergency hospital serviceswhich shall be prepared by the applicant and reviewed by the various affected government- entities providing such services. The plan shall be reviewed by the Garfield County Public Health Officer; There are, adequate public safety services and facilities provided to. mitigate .the impacts caused by the major project or by the' ` employees of the project a.nd their households; The impacts to school facilities caused by the major project, its employees or their households within the impact area shall be mitigated; 3. The applicant, in conjunction with the County, shall develop and implement a monitoring program" to gauge, on a. quarterly basis, the effectiveness of a mitigation plan, and the plan shall, take into account the concerns and recommendations of local government entities: 4: ,Upon a ten percent`' (10%) or greater variance in the average total work force, from what was projected at the time' of permit issuance, :the Board may adjust the impact mitigation program in proportion, to the " difference of the projected actual work force, in accordance with the provisions of § 5.08.08.03. 5.." Upon a variance..- in the workforce residency projections for an effected local government entity from what was projected at the time of permit issuance, the Board may adjust the impact mitigation program in proportion to the. difference of the 'projected actual :` work force, in accordance *with the provisions. of 5.5.08.08.03. 6. The Fiscal Impact Analysis shall be considered adequate for the purpose of preparing a mitigation plan for a period of. one (1) year from the date of this resolution. 7. The mitigation program,'. submitted by the Applicant, shall be subject tothe provisions of § 5.08: Upon motion duly made and seconded, the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J Cerise " , Aye Eugene "Jim"Drinkhouse , Aye Commissioner's ATTEST Cl-rk-of to Board STATE OF COLORADO County of Garfield )ss. By Chair a BOOK 650 pMME888 BOARD`OF COUNTY COMMISSIONERS OF GAPE LD COUNTY, COLORADO I, , County Clerk and ex -officio Clerk of tne 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 Proceedings 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. 198 County Clerk and ex -officio Clerk of the Board of County Commissioners.