HomeMy WebLinkAboutResolution 2006-1067✓1 / I 1. 1'1
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STATE OF COLORADO )
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Comity of Garfield )
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 10th day of October A.D. 2006, there were pirsent:
Sohn Martin _ _ , Commissioner Chairman
L McCown , Commissioner
T ti Ilou t , Commissioner
Don DeFord , County Attorney
Mildred A i sdorf , CIerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2O a 6.- t o ti
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR STAGING AREA 1 STORAGE OF OIL & GAS
EQUIPMENT IN THE RL ZONE DISTRICT FOR A PROPERTY OWNED BY
ENCANA OIL & GAS USA, INC
WHEREAS, the Board of County Commissioners of Garfield Comity, Colorado ("Board"),
has received an appiicetion from Encana Oil & Gas USA, Inc. for a Special Use Permit ("SUP") to
allow for approval of storage t staging area for gas drilling equipment on 7.21 acres of an 88 -acre
property within the Resource Lands (Gentle Slopes / Lower Valley Floor) none district.
WHEREAS, the Board opened the public gearing on September 18, 2006 and continued the
hearing to October 9, 2006, upon the question of whether the above described SUP should be granted
or denied, at which hearing the public and interested persons were given the opportunity to express
their opinions concerning the approval of said special use permit; 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. Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. 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
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were heard at that meeting.
3, The above stated and other reasons, the proposed special use permit has been determined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfate of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
Comity, Colorado. that Special Use Permit for Dalbo. Inc. is hereby approved subject to compliance
with all of the following specific conditions:
That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Cornmissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
2. That the operation of the facility be done in accerdvucre with all applicable federal, state, and
local regulations governing the operation of this type of facility.
That this facility is for the sole use of the AppiicanVOperator. If any other entities are to be
added as users, then they would be subject to an additional SUP as well as rules and
regulations as administered by the COGCC.
4. The Applicant shall comply with all standards as set forth in §5.03.08 "industrial
Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and
• included here as follows:
a. Volume of sound generated shall comply with the standards set forth in the Colorado
Devised 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 signais,
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
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provision.
e. Storage of flammable or explosive solids ox 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 sub form or manner
that they may be transferred off the property by any reasonably foreseeable natural
causes or forces.
g.
All equipment storage will he enclosed in an area with screening at least eight (8) feet
in height and obscured from view at the sa.rne elevation or lower by use of a sight
obscuring fence as proposed in the application.
h. Any repair and maintenance activity requiring the use of equipment that will generate
noise, odors or giare beyond the property boundaries will be conducted within a
building or outdoors during the hours of 8 a.xn. to 6 p.m., Mon. -Fri.
i. Loading and unloading of vehicles shall be conducted on private property and rrtay
not be conducted en any public right-of-way,
Any storage area for uses not associated with natural resources shall not exceed ten
OM [l) acres in size.
k. Any lighting of storage area shalt be pointed downward and inward to the property
center and shaded to prevent direct reflection on adjacent property.
5. The Applicant shall provide a "Landscaping and Reclamation Plan" that has been approved
by the County Vegetation Department prior to the issuance of a Special Use Permit.
6. The Applicant shall meet with a representative of the Division of Wildlife on the property in
order to prepare a wildlife mitigation plan for the property such that it addresses any iuxtpacts
on wildlife through the creation of hazardous attractions, alteration of existing native.
vegetation, blockade of migration routes, use patterns or other disruptions. This plan shall
be s►tbniitted to the County for approval prior to issuance of the Special Use Permit.
7. The Applicant shall file a Spill Prevention Control and Countermeasure (SPCC) plait with
the County and have a copy on site for spills that may occur from vehicles / machinery in
the area.
8. The Applicant shall obtain a driveway access permit from the County Road and Bridge
Department and shall adhere to conditions specific to the driveway access permit. A stop
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sign will he required (if not already instaIlcd) at the entrance to CR 215. The stop sign and
installation shall be as required by the MUTCD (Mantel on Uniform Traffic Control
devices).
9. Should dust become an issue from the staging area, a dust control agent shall be applied to
the staging area by the Applicant tat the request of the County.
10. 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
Commissioners.
1 J. That the conditions, terms, and recommendations provided for in Exhibit "i" to the
Application specifically contained in the following documents be required as conditions of
approval:
a. Applicant provide a reclamation / revegetation security to the County in a form
acceptable to the County Attorney's Office in the amount of $28,800,00;
b. The Applicant shall follow the recommendations provided for in the Integrated
Vegetation & Noxious Weed Management Marr.
c. The Applicant Shall follow the recommendations provided for in the Wildlife
Assessment & Mitigation Plan; and
d. The Applicant shall follow the reenrranendations provided for in the Integrated
vegetation & Noxious Weed Management Plan;
12. That the Applicant provide a drainage analysis stamped by an engineer licensed to practice
the state of Colorado which analysis shall he reviewed and approved by the County prior to
the issuance of the Special Use Permit.
Dated this6 t h day of November
, A.I. 20_ a 5
ATTEST: GARhIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
G A COLORADO
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSJO_VER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER LARRY 1., MCCOWN , Aye
COMMISSIONER JI SI HOUPT , Aye
STATE OF COLORADO
County of Garfield
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, 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 ResoIut€tin is truly copied from die Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN W1 IJESS 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 Hoard of County Commissioners
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