HomeMy WebLinkAboutResolution 2009-83yerka ltiMMI 4!!AN 1k rill' 4ieWIC i k'i. 4 111
Reception#: 778750
12/09/2009 70:25:06 PM Jean Ptberieo
t of 6 Rec Fee:$0.00 Doc Feo:0.00 GPRFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
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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 16"' day of November A.D. 2009, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tresi Houpt . Commissioner
Deborah Quinn , Assistant County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent) , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009-83
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT FOR A PROFESSIONAL OFFICE FOR THE CONDUCT OF BUSINESS OR
PROFESSION LOCATED ON COUNTY ROAD 211 IN CLEAR CREEK CANYON
NORTH OF DEBEQUE, AND WITHIN A PROPERTY OWNED BY CHEVRON USA,
INC., GARFIELD COUNTY
PARCEL NO# 2137-321-00-008
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application for a Land Use Change Permit to allow for the construction and operation of a
Professional Office for the Conduct of Business or Profession which may include four existing
office trailers, five additional office trailers, and accessory buildings.
B. The 11.36 -acre site is located on County Road 211 in Clear Creek Canyon, North
of Debeque, and within property owned by Chevron USA.
C. The 11.36 -acre site is located in the SE 'A of Section 9, SW ''A of Section 10, NE
IA of Section 16 all in Township South, Range 98 West of the 6th Prime Meridian, Garfield
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County, State of Colorado and fully described in the deed(s) submitted with the application with
the following filings with the Garfield County Recorder; Book 259 Page 73, Book 292 Page
448-450, Book 728 Page 19-31, Book 734 Page 117.
D. The subject property is contained within the Resource Lands: Gentle Slopes /
Lower Valley Floor zone district and a Land Use Change Permit for a Professional Office for the
Conduct of Business or Profession requires approval of a Limited Impact Review Process by
Garfield County.
E. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit for a Professional Office for the Conduct of Business or Profession 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
November, 2009 upon the question of whether the Land Use Change Permit application for a
Professional Office for the Conduct of Business or Profession should be granted or denied,
during which hearing the public and interested persons were given the opportunity to express
their opinions regarding the application.
G. The Board of County Commissioners closed the public hearing on the 16th day of
November, 2009 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:
1. Proper posting and public notice was provided as required for the public bearing
before the Board of County Commissioners.
2. The public hearing 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 hearing.
3. The above stated and other reasons, the proposed Land Use Change 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. Upon satisfaction of the conditions listed below, the application will meet the
requirements of Limited Impact Review Permit (Section 4-501) of the Garfield
County Unified Land Use Resolution of2008, as amended.
5. The proposed Land Use Change Permit for a "Professional Office for the Conduct of
Business or Profession" is consistent with the applicable provisions of the Garfield
County Comprehensive Plan of 2000, as amended.
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12/0512009 10:25:06 PM Jean Flberico
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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 to allow for the construction and operation of a
Professional Office for the Conduct of Business or Profession is hereby approved subject
to compliance with the following conditions:
1. That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
2. That the operation of the facility be done in accordance with all applicable Federal,
State, and local regulations governing the operation of this type of facility.
3. That the Applicant shall comply with the fire protection provisions of the International
Fire Code as the Code pertains to the operation of this facility.
4. 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.
5. Emissions of smoke and particulate matter: the facility, diesel generator, related
driveway and parking area shall be so operated so as to comply with all Federal, State
and County air quality laws, regulations and standards, including CDPHE APCC
Regulation 1 for dust.
6. Emission of heat, glare, radiation and fumes: the facility, diesel generator, related
roadway and parking area and shall be operated so that it does not emit heat, glare,
radiation or fumes which substantially interfere with the existing use of adjoining
property or which constitutes a public nuisance or hazard.
7. 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.
8. Volume of sound generated shall comply with the standards set forth in the COGCC
Series 800 Rules and Regulations.
9. Lighting shall be pointed downward and inward to the property.
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10. To ensure safety to wildlife and domestic animals:
A. Division of Wildlife `wildlife friendly' fencing shall serve as the guide for any
fencing erected on the site;
B. A bear -proof dumpster or waste container shall be provided on the site; and
C. No domestic animals, such as dogs, shall accompany employees or subcontractors to
the site.
11. The Applicant shall comply with the following requirements for Weed Management:
• Weeds identified in the Weed Management Plan shall be treated by June 15, 2010
with notification of treatment to the Garfield County Vegetation Management
Department.
• The Applicant has quantified the surface area to be disturbed as 5 acres on private
land. A short-term re -vegetation security in the amount of $12,500 ($2,500 per
disturbed acre) or another security acceptable to the BoCC to be held by the
County. This re -vegetation security shall be held by Garfield County until
vegetation has been successfully reestablished according to the Reclamation
Standards in the Garfield County Weed Management Plan- It is the responsibility of
the Applicant to contact the County, upon successful re -vegetation establishment, to
request an inspection for security release consideration. The Reclamation Standards
at the date of permit issuance are cited in Section 4.06, 4.07, and 4.08 of the
Garfield County Weed Management Plan (Resolution No. 2002-94)
• Straw and hay bales; All bales used shall be certified as weed free.
12. The Applicant shall comply with the following requirements of Road and Bridge:
• All vehicles hauling equipment and materials for this application shall abide by
Garfield County's oversize/overweight Vehicles permit system.
• All vehicles requiring oversize/overweight permits shall apply for them at the
Garfield County Road & Bridge Department.
• All vehicles requesting oversize/overweight permits shall have on file with Garfield
County Road and Bridge Department a letter or e-mail from Chevron USA stating
said vehicles can obtain permits under their road bond on file with Garfield County.
• All vehicles using CR 204 shall abide by all construction signage. This could include
reduced speed limits, lane changes, and traffic stops. This construction could last
until 2010.
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13. Prior to the issuance of a Land Use Change Permit, the Applicant shall be required to
drill a water well and install a water treatment system meeting the standards pursuant
to Section 7-104(B) of the Unified Land Use Resolution of 2008, as amended and in
conformance to the requirements of the Colorado Department of Public Health and
Environment.
14. The Office facility shall contain no more than 40 employees.
15. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide the
County with a letter from Debeque Fire Department stating that the office meets the
requirements of the Fire District for fire protection.
16. No Land Use Change Permit shall be issued until a permitted water well and a permitted
ISDS have been installed and proper building permits for new trailers have been issued.
The applicant shall install both systems within one year of the signing of the resolution
authorizing the Land Use Change Permit.
17. The Applicant may replace on-site office/trailers with a stick -built structure at any time
in the future as long as the proper building permits have been obtained.
18. A copy of the final court decree for Water Court Case No. 08CW058) shall be submitted
to the Planning Department prior to issuance of a Land Use Change Permit.
19. One additional office/trailer may be installed prior to completion of the required
permanent water and wastewater systems.
ti -
Dated this 7 day of -� c r ' Q r ' , A.D. 20 0 � .
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, CO RADO
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Reception# 778760
12/09/2009 10:2606 RM Jean faberico
6 of 6 Rec Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , NAY
COMMISSIONER MIKE SAMSON , AYE
COMMISSIONER TRESI TH OUPT AYE
STATE OF COLORADO )
)ss
County of Garfield )
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