HomeMy WebLinkAboutResolution 2013-08no in Miiiringli111.1rIrliflelritliiii Iii1.IN.1111 II
Reception#: 829963
01/14/2013 04:39:59 PM Jean Alberico
1 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD 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 7th of January A.D. 2013, there were present:
John Martin
Mike Samson
Tom Jankovsky
Frank Hutfless
Carey Gagnon
Andrew Gorgey
Jean Alberico (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Assistant County Attorney
County Manager
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. c20 i 3 - D '
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR
STORAGE: MATERIAL, EQUIPMENT AND SUPPLIES WITH ACCESSORY USES
TO INCLUDE MAINTENANCE AND AN OFFICE IN A FACILITY TO BE KNOWN AS
THE SHADY ACRES STORAGE YARD LOCATED ON ±1.5 -ACRES OF A 995.3 -ACRE
PARCEL OWNED BY ENCANA OIL & GAS (USA) INC. AND LOCATED 11 MILES
NORTH OF PARACHUTE IN SECTIONS 25, TOWNSHIP 5 SOUTH, RANCH 96 WEST
AND SECTION 30, TOWNSHIP 5 SOUTH, RANGE 95 WEST OF THE 6T11 P.M.,
GARFIELD COUNTY
PARCEL NO# 2171-041-00-021
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (the Board)
received a request for a Land Use Change Permit to allow for Storage: Material, Equipment and
Supplies with accessory uses to include maintenance and an office on ±1.5 -acres legally and
graphically described on attached Exhibit A.
B. The storage facility is located within a 995.3 -acre parcel of land owned by Encana Oil
& Gas (USA) Inc. with the ownership of this property is described in a Quit Claim Deed
recorded at Reception Number 655348 in the office of the Garfield County Clerk and Recorder.
C. The subject property is located within unincorporated Garfield County in the Resource
Lands (Gentle Slopes/Lower Valley Floor) zone district, north of the terminus of County Road
1
1111 PhallimMAI �,I h��Cl :l ��4 11
Reception#: 829963
01/14/2013 04:39:59 PM Jean R1bericc
2 of 6 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO
215 approximately 11 miles north of the Town of Parachute.
D. Storage may be permitted in the Resource Lands (Gentle Slopes/Lower Valley Floor)
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 7th day of
January, 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.
H. The Board of County Commissioners closed the public hearing on the 7th day of
January, 2013 to make a final decision.
L 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. 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 Storage
— Material, Equipment and Supplies may be in the best interest of the health, safety,
convenience, order, prosperity and welfare of the citizens of Garfield County if
recommended conditions of approval are adopted.
4. That, with the adoption of recommended conditions, the application is in general
conformance with the 2030 Comprehensive Plan, as amended.
5. That, with the adoption of recommended conditions, 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.
2
U111 rri+hiiV,F14Vaii+0111:1 C1 +,1iiali C1
Reception#: 829963
0-111472013 04:39 59 Pm Jean Plbericc
3 of 6 Rec Fee,$0.00 Doc Fee,0.00 GPRFIELD COUNTY CO
B. The Land Use Change Permit for Storage: Material, Equipment and Supplies with
accessory uses to include maintenance and office 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. Operation of the facility must be in accordance with all Federal, State and Local
regulations and permits governing the operation of this facility.
3. Industrial activities shall be required to comply with the following standards:
A. Residential Subdivisions.
Industrial Uses shall not occupy a lot in a platted residential Subdivision.
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an
adjacent residential property line, unless the use is on an industrially zoned
property.
C. Concealing and Screening.
All storage facilities, including outdoor storage, fabrication, service, and repair
operations shall be conducted within an enclosed building or have adequate
provision to conceal and screen the facility and/or operations from adjacent
property(s). Screening shall be at least 8 feet in height and obscure the facility
and/or operation from view at the same elevation. All screening shall be
maintained.
D. Loading and Unloading.
All operations involving loading and unloading of vehicles shall be conducted on
private property and shall not be conducted on a public right-of-way.
E. Storing.
All products shall be stored in compliance with all national, State and local codes
and shall be a minimum of 100 feet from an adjacent property line. In addition,
petroleum, and hazardous products shall be stored in an impervious spill
containment area(s).
F. Hours of Operation.
Any activity requiring that will generate noise, odors, or glare beyond the
property boundaries will be conducted between the hours of 7:00 a.m. to 7:00
p.m. Monday through Saturday, or as approved by the decision-making authority.
3
1111 rii 10 MA 11 II
Reception#: 829963
01/14f2013 04:39:59 PM Jean Rlberico
4 of 6 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
G. Industrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and
State statutes and requirements of CDPHE.
H. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title
25, as amended, unless the use is regulated by the COGCC. In this case, the use
shall be subject to COGCC Rule 802, Noise Abatement.
1. Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line
of the property.
J. Interference, Nuisance, or Hazard.
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 signal,
and reflective painting of storage tanks, or other legal requirements for safety or
air pollution control measures shall be exempted from this provision.
4. No flammable or explosive solids or gases shall be stored at this facility.
5. No hazardous material or waste shall be stored at this facility.
6. No materials or wastes shall be deposited on the property in a form or manner that
may be transferred off the property by any reasonably foreseeable natural cause or
force.
7. All vehicles hauling equipment and materials for this application shall abide by
Garfield County's oversize/overweight system. All vehicles requiring
oversize/overweight permits shall apply for them at Garfield County Road and
Bridge Department. All vehicles applying for these permits shall have on file with
Garfield County Road and Bridge Department a letter or e-mail stating said vehicles
can obtain oversize/overweight permits under their road bond on file with Garfield
County.
8. No fluids are proposed to be stored on site, therefore a site specific Spill Prevention,
Control and Countermeasure Plan (SPCC) with information regarding containment of
fluids was not provided for the site. An amendment to this land use permit would be
required if aboveground tanks were proposed to contain more than 1,320 gallons or
underground tanks greater than 42,000 gallons at this storage facility.
9. This facility is for sole use by Encana Oil & Gas (USA), Inc. and sub -contractors
working on projects managed or owned by Encana Oil & Gas (USA), Inc.
4
■111 MI KINI 'AP. 11111
Reception#: 829963
01/14/2013 04:39:59 PM Jean Rlberico
5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
10. Maintenance of vehicles or mobile machinery is prohibited within 100 feet of the East
Fork of Parachute Creek pursuant to Section 7-204 (D) of the ULUR. Emergency
Maintenance may be conducted until the vehicle or machinery can be moved from
outside of the 100 foot setback.
11. The request for vault and haul is adequate to provide water and wastewater service for
a .6 FTE employee on the site. Expansion of the facility as currently approved will
require additional review and approval through an amendment to this land use change
permit.
Dated this i `f day of J C�
,QLD
600i0`o
ATTEST:
, A.D. 20 13 .
RFIELD COUNTY BOARD OF
MISSIO► GARFIELD
TY, DO
rk of the Board
Upon motion duly made and seconded the forgo ng Resglt on was adopted by the
following vote:
COMMISSIONER CHAIR JOHN MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
, Aye
, Aye
, Aye
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
:.�NOR -WAS!' 200520
SECnW S -O
NBRASS CAP
L400 00560:
ENCAIA -'R1 AND GAS ,,JHA.) INC.
SCALE.' 1" = 30 _ tom~
0007030 /NIFR✓A2
53.36'
CERT.IFiCATE OF SURVEYOR
�txEfP1-CM�FNRix� T�Sruxava5 upE
RIAL
ocCE LEL Oa�u.110 u. [mECN.
&IcxS IRE"cgRRE"�crLr �
EXISTING BUILDING HEIGHTS
(NCT TC S1ALC)
EUILDING k3
4
BUILDING YS
BUIL DING 02
f
eU'LDIHU p4
001121NG BUILDING..,t'8
BUILDING 09 0006
PROPOSED BUILDING HEIGHTS
(NOT '0 50ALE(
crk
FRDPOSID 110 0091500 FLOG
!h'FbRM3000 TABLE
107AL 511E AREA !.493 ACRE5
7572155. RESa5RCE 04Nc5
FLOOD ZONE 22959211021.
1,0£11PMINES BY FEN
rpr,L ARE4 3. 021211116 OV11SINGS
O Fr
▪ ROPOSEORULLDNG. 5. 53-
05150 w5.120 .370121: 025570 r4NR
CLIIJN4RY 02.(5 555312. PO -1,g1,, 2A TER
O 05 05-S0E 30R5CN9E1 35F (RERSNNAI
5A11IA3• 51}330555) 5451EC . 5,
3Pp 555-? 1ENOP4
GENERAL NOIL0
272E SITE 9000ACE!5 :'RA550 NA -WE SOL
95 57003205 EASEMENTS 6(RE 0029G
68956'04-E. 1.9.80'
13 1
LANG OWNER' 'P.-
(1'402712 011- .ANG 05S'(U5A)"L-
905-5056"
40.15' •
53:.'IAEA51
'3Rn ER
SEC Ch 25
2' AC ..5 ••1267
PROJECT LOCATION DESCRIPT0(N
pL4,1 In LOT :, LOT a Anc TRACT 17 sEcnor!
Coup Tom, Ca.... 5721 TT+rL LLSNL5u0RE opiCnL><ALr��wrR aro ,•owiiO6s1
xL MENU
N015.1 fig 45 FEET ALP, "HE E"SE IMF THF-P£OF ED 'X." Di RUNNING
THENCE 58,53.58,.
O 15 FEE,
MEN,( 6525.131", 2sa.5c EU,
mcnCL x66116'04 L, 5136 FEET To 1E WEST LINE OF 5•1a SECT!. a.
#SNcr 56!1356 w, 176 75 FEET ro 1 0226 0 RrnNNIN
5,E- TRACT cd YAWNS 1493 CCAES. IrlDRE LA LESS 6LEx
s .a�xEA exOS'>•. F+ ! -oR6ra w
.C^P xoMOMLn asAE ET, Pu.
SEC",N 25. � -
----6JE11TIGPa+xf_IT '
CORNER
p J6
16 LLO
RASS CAP
DRIVING DIRECTIONS
CRAW. NORT14-91, ALCM 610
r. R5'6C 215 FOR ,rs To A ELAR, SNACK,
cdlaNl.0 6C6411-1CP, 04 MIES C TFE 460v ACRES 1•1111 LN -EF' ;A S';
55052e Map 11. S.G.5. Ouadrangras CIAO 001ch. MCCawnyGurcn,
Faked Gulch 6 G1rcle Dui GOO,. Cabd00
MA.' 0000.50
CPS1.1.1C PIPE -WE
-l>,T Rtt.4� IIx1
sued for Re -
Revisions per Counry Hevie
5 10 3!/12 rrmurn
.71 11/00/12
Br
REFERENCES
11505 QUADRANGLES: CO TOFF RJf CH, OCCA4Tl. GULCH.
F005F0 GULCH & CIRCLE 601 051072, 601 05300
Encana 011 & Gas
(USA) Inc.
aunverrm
Shady Acres Yard
Existing Site Plan
Located In
Section 25, T5S, R96 W
& Section 30, T5S. R95W, 6th P,M-
Garfield County, Colorado
IT.99,..12
7004- R"
srear6,l .tee
1
of t
MI
0
U
3-
� _ z
o
O
U
x uJ
J
LL
N°cr
.LICE
CC
•
L
_
S2 0
a 0
- C m
4 w
.y
J L
Ci
-- (611 d0
Ips
0
rCaM V
..V
y:tOLi_
Olm
4' N
0T
-tZ 0k0