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HomeMy WebLinkAbout4.0 Resolution 2017-48lilt ilû[t¡t]f{i¡rt,çrut¡luf lrriliüúr-ill Jean ÊlberlooFee:Ø.@0 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meetinþ of the Boa¡d of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Administration Building in Glenwood Springs on Monda¡ the 16ft day of October A.D. 2}l7,there were present: Tnhn lVfartin Commissioner Chairman Mike Samson . Commissioner Tari Williams Commissioner County Attorney Assistant County Attorney Clerk of the Board County Managcr Ilellv f'qve when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. nOU' // A RESOLUTION OF APPROVAL FOR A LAI\TD USE CHANGE PERMIT TO INCLUDE A BULK SALES OF PROPANE FACTLTTY (LIPA-06-17-8562), OX A 0.689 acRE pRopERTy olvNED By PRO GAS LLC., LOCATED APPRO)ilMATELY TÏVO MILES SOUTHWEST OF'THE TO\ilN OF'PARACHUTE I\TEAR TIIE INTERSECTION oF HrcHlvAy 6 & 24 AltD CR300 rN SECTTON 28, TOWNSTTTP 7 SOUTrr, RANGE 96 WEST OX'TITF' 6TH PRINCIPAL MERIDIAN, GARX'ÏELD COTINTY nARC EL NO'S# 2 409 2 I 4 0 I 009, 2 4 092 I 40 I 00, 2 409284 0 I 005, AND 2 4 092 I 4 0 I 008 (Parcels will be merged upon execution ønd recording ofAmended Final PIat) Recitals A. The Board of County Commissioners of Garfield County, Colorado ("Board") received a request for a Land Use Change Permit to allow for a Bulk Sales of LPG and CNG facility, as further described in Exhibit A, Site Plan. B. The Bulk Sales of LPG and CNG facilþ, will be located on approximately 0.689 acre parcel owned by Pro Gas LLC. C. The subject propefy is located within unincorporated Garfield County in the Industrial zone district and approximately two (2) miles southwest of the Town of Parachute, Colorado accessed by private access roads and Highway 6 &24- 1 of fcqn  Íl-rritr Lt^* (? llll ltr¡r¡tl¡llltlltll Hl'llIú l{fr I[,ll¡l¡|il¡tlilf lil, tl ll IReception#: 899544 111@612ø17 @3¡63¡25 PM J¡an Alberloo2 of 6 Rec Fee:gØ.ØØ Doc Fee:Ø.@Ø GARFIELD C0UNTY CO D. A Bulk Sales of LPG and CNG facility may be permitted in the Industrial zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfïeld County Land Use and Development Code of 20l3,as amended. F. The Board opened a public hearing on the 16û day of October, 2017 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board closed the public hearing on the 16ú day of October, 2017 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: l. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners w¿ts extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for a Bulk Sales of LPG and CNG facility by Pro Gas LLC is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfteld County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amEnded. 5. That with the adoption of the Conditions of Approval and approval of waivers from Section 7-104 Source of Water and Section 7-105 Central Water Dishibution and Wastewater Systems, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 -lllltr.rÍ'f ltrylfl lrFmlT¡.r¡r,lm'lF¡u[r4ilrï]llReception#: 8995¡14 111ødl2ø17 Ø3:53:25 PII J€ån ÊtbÊrioo3 of 6 R6c Fear$@.00 Doc Fee:@.ØØ GÊRFIELD COUNTY C0 RESOLUTION NOW THEREI'ORE, BE IT RESOLVED by the Board of County Commissioners of Ga¡field County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Bulk Sales ofLPG and CNG facility is hereby approved subjectto compliance with the following conditions: Prior to the Issuance of the Land Use Change Permit L Prior to the issuance of the Land Use Change Permit, the applicant shall supply a demonsüotion that the roads from Highway 6 &, 24 to the use mcet the Roadway Standards as detailed in Table 7-107 of the Garfield County Land Use and Development Code of 2013, as amended. If the roads do not meet these standa¡ds, the applicant shall choose to either upgrade the roads to meet the standards or submit a Roadway Waiver that demonstrates conformance with Garfield County Community Development Policy, 0l-14 Waivers for Roads and Demonstration of Compliance. A demonsfation that this condition has been met shall be reviewed and accepted by the Community Development Department and the County designated engineer. 2. Prior to the issuance of the Land Use Change Permit, the applicant shall address inconsistencies between the geotechnical report and the tank plans. The tank plans call for soil bearing pressures of greater than 2,000 psf, while the geotechnical report limits allowable pr€ssure to 1,500 psf. A demonshation that this condition has been met shall be reviewed and accepted by the Community Development Department and the County designated engineer. 3. Prior to the issuance of the Land Use Change Perrnit, an Amended Final Plat that combines the lots as represented in this application will be executed and recorded with Garfield County. A dcmonstration that this condition has been met shall be reviewed and accepted by the Communþ Development Department. 4. Prior to the issuance of the Land Use Change Permit, the applicant shall address inconsistencies between the site plan submitted for the Land Use Change Permit and the state approved LP-Gas Installation Applioation. The distance from the storage container to both the north-western and south-eastern properly lines are different for the two submittals. A demonstration that this condition has béen met shall be reviewed and accepted by the Community Development Department and the County designated engineer. 3 lilt 1 4 lürrI l J llll¡tlkl¡/Ff F I ,þITl lllll Jean tllberioo Fee:Ø.A@ GâRFIELD COUNTY cO 5. Prior to the issuance of the Land Use Change Permit, the applicant shall change General Note #4 on the site plan to state, "The facility will cont¿in a skid mounted 30,000 gallon propane tank used to supply the delivery truck for customers." A demonstration that this conditioir has been met will be reviewed by the Community Development Deparhnent. Other Conditions 6. All representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 7. The operation of the Bulk Sales of Propane use shall be done in accordance with all applicable Federal, State, and local regulations and restrictions governing the operation of this type of facility, including but not limited to the NFPA 58 - Liquefied Pefoleum Gas Code and the Emergency Planning and Community Right to Know Act. 8. The Applicant shall control fugitive dust during the construction and operation of the site. 9. The facilþ shall mainain compliance with County lighting st¿ndards as detailed in the Land Use and Development Code of 2013, as amended. 10. The tank shall be installed in accordance with the recommendations made by the submitted Huddleston-Berry Engineering & Testing, LLC Geotechnical Study dated July 2O,2Ol7 or as that report is updated to address any discrepancies with storage tank plans. 11. Operation ofthe site is permitted 24 hours per day, 7 days a week. 12. Bulk propane storage tanks are limited to one 30,000 gallon tank located as represented on the site plan and up to three (3) local delivery trucks. 13. The operator ofthe facility shall regularly check and maintain the tank, valves, and pipes to address any potential leaks during operation. 14. Truck drivers shall limit vehicle idling while on the site. Dated this day of A.D. 20-. ATTEST:GARFIELD COIJNTY COMMISSIONERS, COUNTY, COLORADO BOARD OF GARFIELD 4 llll lilrrfllFl!,flll{lH¡J'üÍ brtl qlÍ¡l {l'fl1h1{t+1, ll ll IReceptlon#: 899544 111ødl2ø17 Ø3:53:25 PM Jeen Ftberioo5 of 6 Rec Fee:g@.ØØ Doc Fee:Ø.ØO GÊRFIELD COUNTY C0 SEAÏ" ¿ of the Board Upon motion duly made and seconded the following vote: by the r.rììfl\ffcsrôNFÞ TIT A TD TôLT\T E I\/f A P'|-I\T rrrìtiftifrserrì'NïFp ^Ã'rLE C ^tÍQrìÀT å¡coloanf TTìI\Í TANT' STATE OF COLORADO County of Oarfield L . County Clerk and ex-offrcio Clerk ofthe Board of County C and State aforesaid, do hereby certiS 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. IN WITNESS WI{EREOF, 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-offtcio Clerk of the Board of County Commissioners Aye Aye ) )ss ) 5 f il ill h¡llll¡{l!ill ll,l, lÍl i' 1 "fi lt 4l'STllilill #,1' Iï1, ll ll IReceÞtlonfl: 899544 111@612ø17 Ø3:53:25 PM Jean Êlberico6 of 6 Rec Faerg@.ØØ Doc Fee:Ø.ØO GARF¡ELD COUNTY C0 ÐGIIBIT A SITE PLAN 'i \ % .ìl\ ,) tt çf C ¡ rffi Eßl Ë31 -;F.- BF¡;¡i"ÍÍ! iä:,ì '?t:r !tä{ Eìi: ¡¡irif ¡:l å tri irËi lü alli¡¡¡¡* trÈft lí{ lt list ¿4 I,r ,EEf+lliil."" f;f, åf;*l $äååË$r ;;'t¡l$figEr;Ë¿ó5äi,ffi |lrtrËrür! ß¿EM 6