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Home My WebLink About4.0 Resolution 2011-28.pdfSTATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Conunissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 16'h day of May A.D. 2011, there were present: · ,_,Jo,.hn""-'M"-""'arti""".n'-------------·• Commissioner Chairman ,.M,i,ke"""'Sam""'"'so""n'------------~· Commissioner -:T"'om"'-'J"'ank:'. "'o"'v"'s"ky-"----------~-' Commissioner ~C,ar'-'e<J.y"'Ga"""gn""'on"'------------' Assistant County Attorney ,_,Je,.,an~AJ"""b"'en"'· c""o,__ ___________ ., Clerk of the Board Ed"""--"Gr""-"ee""n"--------------' County Manager (absent) when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2011-28 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, LIPA 6770, FOR MATERIAL HANDLING, LOCATED OFF OF A PRIVATE ROAD THAT CONNECTS TO COUNTY ROAD 215, AND APPROXIMATLEY 11 MILES NORTH OF PARACHUTE, AND WITHIN A PROPERTY OWNED BY ENCANA OIL AND GAS (USA), INC., GARFIELD COUNTY PARCELNO. 2171-041-00-021 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application fora Land Use Change Permit to allow for Material Handling. B. The 17.76-acre site, depicted in Exhibit A, is located off of a private road which obtains access from County Road 215, approximately 11 miles north of Parachute, CO, and is · within property owned by Encana Oil and Gas (USA), Inc .. C. The 17. 76-acre site is described in the application documents and located within the parcel described in the attached Exhibit B and incorporated by this reference; D. The subject property is contained within the Resource Land/Gentle Slopes zoning district and a Land Use Change Permit for Material Handling requires approval through a 1 l 1111 WI"• ~:t\1fi&"~MV l'kltit\I,IfA"rfii/W\r.:M'"I1iL~"l.lllll Recept ion'l*: 803539 . 06(06/2011 03·39·12 PM Jean AlberlOO 2 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO district and a Land Use Change Permit for Material Handling requires approval through a Limited Impact Review Process by Garfield County. E. The Board of County Commissioners is authorized to approve, deny or approve with conditions a Land Use Change Permit for Material Handling pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened the public hearing on the 16th day of May, 2011 upon the question of whether the Land Use Change Permit application, LIPA 6770, for Material Handling, should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the applicatioiL G. The Board of County Commissioners closed the public hearing on the l iith day of May, 2011 to make a fmal decision. H. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for Material Handling is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, can be in conformance with the applicable sections of the Garfield County Unified Land Use Resolution of2008 as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit, LIPA 6770, to allow for Material Handling is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2 Ill\ M~"• ~1!1f'l"~tal~t.llt Mll111'WI~~W.'I:tll.ltl~ ~~~1. IIIII Reception": 803539 06/06/2011 03:39:12 PM Jean Alberico 3 of 7 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2. The Applicant shall comply with all Federal, State, and local laws, regulations, and standards governing the operation of this type of facility. 3. All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards. 4. Prior to the expiration date (April 1, 2012) of the existing air permit (Construction Permit-Permit No. 07GA0115), the Applicant shall provide the County Planning staff with proof (Construction Permit or Jetter from CDPHE stating an air permit isn't required) that the facility is in compliance with all CDPHE APCD air quality standards. 5. Vibration generated: the facility shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 6. All equipment and structures associated with this permit shall be painted with non- reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 7. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 8. That the Applicant shall comply with the International Fire Code as the Code pertains to the operation of this facility. 9. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 10. That all applicable building and grading pennits are obtained associated with the facility from Garfield County. 11. The Applicant shall closely monitor reseeding Contractors to insure that yellow sweet clover (Melilotus officina/is) is not used in revegetation of the site. 12. If straw or hay bales are used for erosion control in.this project, the Applicant shall use Colorado Department of Agriculture certified weed free bales. 13. The Applicant shall adhere to the mitigation recommendations identified in the Wildlife Impact and Sensitive Areas Middle Fork Water Recycling Facility Report by WestWater Engineering dated December 2008 and addendum dated February 2011 and are attached as Exhibit A of any Land Use Change Permit. 3 1111 W.~r~:M'i~MIH.II~.~~Io&rt.~~~r.ro!l't.ll~,~~~~ IIIII Reception#: 803539 06/06/2011 03:39:12 PM Jean Rlberico 4 of 7 RBC Fee:$0.00 Doc Fee:0.00 GRRFIELO COUNTY CO 14. The Applicant shall adhere to and implement the Encana Stormwater Management Plan Supplement Form, Volume 1 Master Stormwater Management Plan North Parachute Ranch COR-037689, Revised May 2008, Stormwater Manual of Best Management Practices (BMPs), J\Uie 2008, and Spill Prevention Control and Co\Uitermeasure Plan for Middle Fork Compressor Station and Middle Fork Water Treatment Plant, Revision Date J\Uie 2008. 15. The Applicant shall adhere to and implement the North Parachute Ranch (NPR) Reclamation Plan, May 2006, prepared by WestWater Engineering. 16. Prior to the issuance of Land Use Change Permit the Applicant shall revise the Future Development Plan to include all future development proposed including structures shown on Sheet C-1, Middle Fork Tank Project Overall Site and Grading PlaiJ. Sheet I. The revised plan shall be submitted to County Planning staff for review. 17. Prior to the issuance of a Land Use Change Permit the Applicant shall submit ao Erosion Control Plan for the entire permit area for review by Co\Uity Planning Staff. Dated tbis W 'fL day of,~'-f--====----' A.D. 20_1_1_. ATTEST: BOARD OF GARFIELD ~· ~ kOf~oard Upon motion duly made and seconded the foreg · following vote: ~C~O~~~~SS~I~ONE~R~C~HAJ~R~J~O~HN~F~·~MAR~~T~IN~--------'AYE ~C~O~~~~SS~I~O~N=ER~MglliE~~SAM~~SO~N~------------'AYE ~C~O~MMI~~SS~I~ONE~R~T~O~M~J~AN~K~O~V~S~K~Y---~--------'AYE 4 1111 Wo~. ~:."lll'i,~,~\Mtk l'tl! 1-+ro:r,?,lofr.~ 1111~ ~"A IIIII Reception#: 803539 06/06/2011 03:39:12 PM Jean Alber leo 5 of 7 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 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 of the Proceeding 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. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 5 !lti '<I 'Ill~ II 'I ! i· 1-1,! .. 'l ., 111 ! ijl • • li • :.1 •. lli ll !l "' ~~~ if ill II ~ fl •i I i ·~ 1.1 it'"-.. l: ~~~ r 11 .1! q I·;• I w il !' Q l u I· 1l ' ,li Ill -I~~ ' II ~ •i I I '! i! di !I IJ, ~~ ' --V" EXHIBITB Legal De.~cription of Subject Parcel (Parcel No. 2171-041-00-021) Lot 10, 13, and 14 of Section 30, Township 5 South, Range 95 West, 6th Principal Meridian, Garfield County, Colorado