HomeMy WebLinkAboutResolution 2013-361111 11 111
Reception#; 836584
06/11/2013 02:09:44 PM dean Rlberlco
1 of 8 Rec Fee:$0,00 Doc Fea:0.00 GPRFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 20th day of May A.D. 2013, there were present:
John Martin
Mike Samson_
Tom Jankovskv
Carey Gagnon
Jean Alberico
Andrew Gorgey
, Commissioner Chairman
, Commissioner
, Commissioner
Assistant County Attorney
, Clerk of the Board
County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 020/2. 31i0
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
MATERIAL HANDLING FACILITY KNOWN AS THE J-25 CENTRALIZED
DISTRIBUTION POINT ON A 15,800 ACRE PROPERTY OWNED BY ENCANA OIL
AND GAS (USA) INC. LOCATED APPROXIMATELY 18 MILES NORTH OF
PARACHUTE IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 96 WEST OF THE 6TH
P.M., GARFIELD COUNTY
PARCEL NO# 1917-274-00-012 (LIPA-7520)
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 Material Handling Facility known as the
J-25 Centralized Distribution Point (CDP) as further described in Exhibit A, Site Plan.
B. The J-25 CDP Facility will be operated by Hunter Ridge Energy Services LLC and is
located on approximately 2.7 acres within a 15,800 acre property owned by Encana Oil and Gas
(USA) Inc. The legal description of this property is described Exhibit 8, and in a Lease
Agreement found at Reception Number 826874 in the records of the Garfield County Clerk and
Recorder.
C. The subject property is Iocated within unincorporated Garfield County in the Resource
Lands Plateau (RL) zone district, approximately 18 miles north of Parachute,
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661tf12013 02:09:44 PM Jean Alberico
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D. A Material Handling Facility may be permitted in the Resource Lands Plateau Zone
District with 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 Unified Land Use
Resolution of 2008, as amended.
F. The Board of County Commissioners opened a public hearing on the 20th day of May,
2013 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 of County Commissioners closed the public hearing on the 20th day of
May, 2013 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. 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 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 Land Use Change Permit
for the J-25 CDP Material Handling Facility is in the best interest of the health, safety,
convenience, order, prosperity and welfare of the citizens of Garfield 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 conditions and granting of waivers from the landscaping
plan, water supply plan, and roadway standards requirements, the application has
adequately met the requirements of the Garfield County Unified Land Use Resolution of
2008, 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.
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B. The Land Use Change Permit for the J-25 Centralized Distribution Point Material
Handling Facility submitted by Hunter Ridge Energy Services LLC in conjunction with
Encana Oil and Gas (USA) Inc. is hereby approved subject to compliance with the
following conditions:
1. That all representations 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. That the operation of the 3-25 CDP Facility shall be done in accordance with all
applicable Federal, State, and local regulations governing the operation of this type
of facility including CDPHE Air Quality and Storm Water permitting requirements.
3. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide
confirmation from the County Building Department that existing installations are
exempt from Building Permit requirements or provide documentation of proper
permitting.
4. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide
additional Dust Control —Mitigation Plans for the site.
5. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide
confirmation that the site is covered by Bonding for long term site reclamation.
6. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide a
supplement to the Geo -Hazard report including a more definitive determination
regarding the lack of any geological hazards that may affect the site.
7. A waiver from the Section 4-203 Water Supply Plan requirements for potable water
is approved pursuant to the approval criteria contained in Section 4-202 of the
ULUR provided that the uses on the site maintain consistency with the Application
representations that the site is not manned on a regular basis.
8. The Applicant shall provide an assessment by a qualified professional or
representative of the Applicant confirming the adequacy of the access road to serve
the site. A waiver from Article VII, Roadway Standards is approved pursuant to the
approval criteria contained in Section 4-117 of the ULUR and subject to
compliance with the above requirement.
9. Waivers from the landscaping plan submittal requirement and landscaping
standards are approved pursuant to the approval criteria contained in Section 4-202
and 4-117 of the ULUR.
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10. The facility shall maintain compliance with COGCC Noise Standards/Regulations.
If compliance issues are identified the Applicant shall provide noise mitigation in
order to achieve compliance.
11. Portable toilet facilities will be provided for employees during construction and
periods where maintenance personnel are required to be on site for longer periods of
time.
12. 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.
13. All exterior lighting shall be the minimum amount necessary or required by the
building code or industry standards, and shall be directed inward and downward on
the site.
14. The Applicant shall comply with their Noxious Weed Management Plan including
the best management practices.
15. The Applicant shall comply with all SPCC Plan provisions and shall keep the plan
current and updated for any changes to the facility.
16. The Applicant shall maintain compliance with the West Water Engineering
Wildlife Impact Analysis as submitted by the Applicant and the Applicant shall
maintain compliance with the North Parachute Ranch/CPW Wildlife Mitigation
Plan consistent with the Colorado Parks and Wildlife referral comments.
Dated this VW day of r,.t, , A.D. 20 13 .
ATTEST:
erk of the Board
IELD COUNTY BOARD OF
MMIS ONE' . GARFIELD
DO
Upon motion duly made and seconded
following vote:
ed by the
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , Aye
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Recep96!1112013 02:09:44 P5 Jean Afberico
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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
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EXHIBIT "A" (Site Plan)
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06/11/2013 02:09;44 PM Jean Alfoerico
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Reception#: 836584
00/11!2013 02:09:44 PM Jean R1berico
0 of 0 Reo Pee:30.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT "B" (Legal Description)
Encana Oil & Gar (USA)
Legal Description
Carne'! County Parcel # 1917-274.094112
Section: 19 Township; 4 Range 95 SEC 19, LCYFS 1(40.14 AC), 2 (4021 ACP, (40.29 AC), 4
(40,36 AC). E1/2W112, EI/2. Section: 20 Township; 4 Range: 95 LOTS 1(40.51 AC), 2(4012
AC), 3(40.44 AC) 4440,53 AC), W1/21 SEI/4 S 21 Township: 4 Range: 95 NE1/4,NENW,
W1/2SW, N1/2SE, SESE Section: 22 Tom: 4 Beige: 95 E2 Section: 23 Township: 4
Range: 95 E2, W2W2, NENW Se tion 24 Township: 4 Rtnge: 95 AU. Section: 25 Township: 4
Ranges 95 ALL Section: 26 Township: 4 Rangy 95 ALL Section: 27 Town4}ip: 4 Range: 95
ALL Section: 28 Township: 4 Range: 95 LOIS I(40,44AC) 2(40.37AC), 3(40.35AC), NENE,
S2NE, 52 Section; 29 Township: 4 Ram 95 ALL Section: 30 Township; 4 Range: 95 LOTS
1(40.33AC), 2(40.21AC), 3(40.07AC) 4(3994AC), ESW2, E2 Section: 31 Tawasl> : 4 Rang
95 LOTS 3(40.10AC), 4(39.S2AC), 5(39.42AC), 6(39.14AC), E2W2, E2 Section: 32 Township:
4 Range: 95 ALL Section: 33 Township; 4 Range; 95 ALL Section: 34 Township: 4 Range: 95
NZ, SE SectiOO: 33 Township: 4 Range: 95 ALL Section: 36 Township: 4 Range 95 ALL
Section: 4 Township: 5 Range: 95 LOTS 1(56.67AC). 4(56.71AC), 6(20.OAC), 8(20.OAC),
S2N2 Section: 22 Township: 4 Range: 96 LOTS 1(40.44AC),
2(40,34AC),3(42.09AC),4(41.59AC), 5(40.89AC), 6(4037hC), NW, 8252 Section: 23
Township: 4 Range: 96 LOTS 1(40.40AC), 2(40,37AC 3(43.07AC),4(42.81AC), 5(42.78AC),
6(4252AC), NE, S252 Section: 24 Township: 4 Range: 96 LOTS 1(40.49AC), 2(40.66AC),
3(40.S3AC), 4(41,00AC), S2N2, 52 Section: 25 Township: 4 Range: 96 ALL Section: 26
Township: 4 Range: 46 ALL Section: 27 Township: 4 Range: 96 ALL Sodium 28 Township: 4
Range: 96 E2 Section: 33 Township: 4 Range: 96 E2E2, SWNE, W2SE Sectio= 34 Township: 4
Range: 96 LOIS 1(42.70AC), 2(42.57AC), 3(42 45AC), 4(42.32AC), 112, N2S2 Section: 35
Township: 4 Range: 96 LOTS 1(42.19AC), 2(42.06AC), 3(41.92AC), 4(41.79AC). N2, N2S2
Section: 36 Township: 4 Range: 96 LOTS 1(40.85AC). 2(41.I0AC),3(41.34AC),4(41.60AC),
3(40.12AC), 6(40.12AC). S2N2, N2SW EXCEPT A TR OF LAND CONT 675. AC+1- AS
DIISC IN BK 1253 PG 941 DESC AS FOLLOWS 4-95 SEC. 35 52. SEC. 36 S2SENE,
SESWNE, S2SWSWNE, 52. ALSO A TR OF LAND CONT 673.38 AC+/- AS PESC IN BK
1259 PG 387 US PATENT 05-2001-00101 ]ESC AS FOLLOWS, 4-95 SEC.22 W2, SEC. 23
SENW, E2SW, SEC. 34 SW, 5-95 SEC.4 LOTS 5 & 7.
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