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Home My WebLink About5.0 Resolution 2007-63• • t 1111 h'i'il'l7Mt1i16LI,K!i1ucii«'Grilf11.0filitl 11.A 11111 Reception 730271 08/08/2007 10:29:00 RM Jean Alberico 1 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STA'1h OF COLORADO County of Garfield ) )ss 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 9th day of July A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Michael Howard , 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. 2 0 0 7-6 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN "INDUSTRIAL SUPPORT FACILITY" LOCATED IN SECTION 27, TOWNSHIP 7, RANGE 96 AND GENERALLY DESCRIBED AS A 77 ACRE PARCEL LOCATED APPROXIMATELY 6 MILES WEST OF THE TOWN OF PARACHUTE AND WITHIN A PROPERTY OWNED BY FRAC TECH SERVICES, LLC, GARFIELD COUNTY PARCEL NO# 240927300114 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) submitted by Frac Tech Services, LLC requesting an "Industrial Support Facility" which would include: material handling, pumping facilities, warehouse facilities/staging areas, storage areas, and accessory uses to the above in the RL zone district and located in Section 27, Township 7, Range 96; and WHEREAS, the "Industrial Support Facility" is to be located within an approximately 20 - acre portion of the 77 -acre property owned by Frac Tech Services, LLC; and WHEREAS, the subject property is zoned Resource Lands (Gentle Slopes & Lower Valley Floor) where such use is permitted as a Special Use; and WHEREAS, at the hearing held by the Board of County Commissioners on July 9th. 2007. the Board decided to review the visual impacts of the development without beiiiiing along I-70 one 1 • • VIII AA lUTICWIC411 G1/2111'I 1111.1101 1h1 11111 Reception#: 730271 08/08/2007 10:29:00 RM Jean Rlberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO (1) year following the approval date of the above mentioned SUP and following completed construction of the development as approved; and WHEREAS, the Board of County Commissioners opened a public hearing on the 9th day of July, 2007 upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 9th day of July, 2007 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Board of County Commissioners was extensive and complete 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. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for an "Industrial Support Facility" for a property owned by Frac Tech Services, LLC is hereby approved subject to compliance with all of the following specific 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. 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. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Perfolinance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: 2 • • 1111 iril�l�I MI�,L��,��«i'G�+ItiI ti U I�iti�lf� 11111 Reception#: 730271 ` 08/08/2007 10:29:00 Aft Jean Alberico 3 of 6 Rec Fee:$O.O0 Doc Fee:O.O0 GARFIELD COUNTY CO a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. Every use 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. c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. d. Every use shall be so operated 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. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berthing, landscaping, sight obscuring fencing or a combination of any of these methods. h. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any exterior lighting shall be controlled by a motion sensor, full cut-off, pointed downward and inward to the property center and shaded to prevent direct reflection 3 I • ■III EYri 1117VANPI,10,L11ul ,L re'10'L14 L? +'i 11111 Reception#: 730271 08/08/2007 10:29:00 AM Jean Alberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO l 15 X 4. on adjacent property. In addition, the Applicant shall install a roof with internal, downward and inward facing, full cut-off lighting over the fueling station. The Applicant shall add the following language to the submitted site Rehabilitation Plan (Exhibit T): "In the event that the property is abandon, all outdoor equipment including but not limited to the fueling station, fueling tanks, and gel tanks shall be completely removed and disposed of in accordance with all current state, federal and local laws." The Applicant shall file a Spill Prevention Control and Countermeasure (SPCC) plan with the County and have a copy on site for spills that may occur from vehicles, machinery, fueling station, acid docks and gel tanks in the area. The Applicant shall provide a valid well permit prior to the issuance of the Special Use Permit. The Applicant shall install a combination of plants and an 8 foot high earth -toned substantially screening fence along Highway 6. The Public Water System shall obtain a valid permit from the Colorado Department of Public Health and Environment prior to the issuance of the Special Use Permit. ✓9. A sand and oil separator shall be installed to provide recycling of water used for the truck // wash facility. X10. An independent enclosed 8' high fence shall be installed enclosing the evaporation pond. All buildings and rooftop equipment shall be painted with non -reflective earth toned paint that is consistent in color to the surrounding landscape. 112. The Applicant shall submit an approved permit from the Colorado Department of Health and Environment for the fueling station prior to the issuance of the Special Use Permit. 113. Execution of the site rehabilitation/reclamation plan for the subject property is required when the use of the site by the owner of the parcel for an Industrial Support Facility is terminated, whether or not financial security for reclamation is required in this Resolution, under terms of Section 5.03.07(2) (B) of the Zoning Resolution. Responsibility for site reclamation is transferred with the SUP, and the Applicant/Owner shall so advise any transferee of the SUP. Enforcement of this condition of approval and all others is• subject to an action by the BOCC for penalties and/or injunctive relief in a court of competent jurisdiction. 14. No development activity shall occur at this property until all of these conditions have been met and a Special Use Permit has been issued by Garfield County Board of County 4 • 1111l�i� i lel i�i'��l�tl�, � IL�� 4 '�rI�r'I �:U��Lli�ti'r: �1�� 11 II I Reception#: 730271 08108/2007 10:29:00 RM Jean Rlberico 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Commissioners. 15. Prior to issuance of the Special Use Permit, the Applicant shall submit a plan for maintenance of the oil separator for the storm water runoff from the parking areas. This plan shall include how and how often the separator should be inspected and cleaned and /at that time: remove debris from basket, replace filter every XX months/years, pump reservoir when within XX inches of top, etc. 16. The Special Use Permit (SUP) shall be reviewed one (1) year from the date of approval (July 9, 2007) to ensure that the facility is in compliance with all applicable conditions identified within the SUP. In addition, the Board of County Commissioners shall examine the visual effects of the development and recommend changes and/or additions to the screening plan and/or visual attributes of the facility. This review shall be conducted by way of an administrative call-up process where Planning Staff shall review the application and submit a report to the Board of County Commissioners (BOCC) on or near July 9, 2008. The BOCC shall have 14 calendar days pull the SUP in for discussion at a Public Meeting during a regularly scheduled BOCC meeting date. Dated this CO day of ver A IEST: Cle'7 of the Board , A.D. 20 6''1 . GARFIEL OUNTY BOARD OF COMMI' IONES, GARFIELD COUNTY, LOR O ' Chairm Upon motion duly made and seconded the fore following vote: COMMISSIONER CHAIR JOHN F. MARTIN oing Resol tion was adop d by the COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 5 • • 1111 Prh. iLiPill# I111'141 ,li", 11111 Reception#: 730271 08108/2007 10:29:00 AM Jean Alberico 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. TEN Wit NESS 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 6