HomeMy WebLinkAbout2.0 BOCC Staff Report 02.16.1999!\· @9\)f .!-vJ
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BOCC 2/16/99
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
EXISTING ZONING:
A request for review of a Special Use Permit to
allow for the transfer of responsibility.
Ballard Petroleum LLC
Section 26, T6S, R93W generally located 1 mile
south of the County airport on CR 319.
40.5 +/-Acres
CR319
AIR/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is classified as District C, Rural Areas in the 1984 Garfield County
Comprehensive Plan. This District is characterizes as a rural area with minor
environmental constraints.
II. DESCRIPTION OF THE PROPOSAL
A. Site & Project Description: The project is an existing water disposal facility known
as the Benzel Water Disposal Facility authorized previously as Resolution 96-21.
B. Site Layout: The Water Disposal Facility is a ponding area for surface run-off
associated with petroleum product harvesting.
III. MAJOR ISSUES AND CONCERNS
A. Zoning: A Water Disposal Facility is considered a special use in this zone district.
B. Other: The transfer of responsibility for the permit should pose no problems for the
County. The applicant should be required to abide by the conditions of approval
as identified in Resolution 96-21.
IV. SUGGESTED FINDINGS
I. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That 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. That 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.
4. That the application is in conformance with the Garfield County Zoning Resolution
of 1978, as amended.
V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions of approval:
I. That all representations of the applicant, either within the application or stated at
the meeting before the Planning Commission, shall be considered conditions of
approval.
2. That the operation of the facility be done in accordance with any federal, state or
local regulations governing the operation of this type of facility.
3. That the operation of the facility be in accordance with the provisions allowed
within the Surface lease agreement signed by the applicant (Lessee) and the
Landowner (Lessor).
4. That the applicant comply with the provisions of the National Fire Code as it
pertains to this type of facility.
5. The issuance of the special use permit requires that the applicant provide to the
County Engineer, at their expense, annual review of water chemistry, at such time
freestanding water is in the pit. Evidence of water contamination shall require that
Ballard Petroleum shall be required to address and mitigate the contamination.
6. The County reserves the right to hire outside expertise, at the applicants expense,
to investigate any possible water, air or other physical contamination on or off site
as may be attributable to the use.
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7. That the facility is for the sole use of Ballard Petroleum. Additional uses of the site
shall require additional review of the special use permit by the Board of County
Commissioners.
8. The applicant shall continue to maintain the site in a manner consistent with the
permit as issued under Resolution 96-21.
9. Ballard Petroleum shall provide to the County a site rehabilitation plan.
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