HomeMy WebLinkAbout4.0 Resolution PC 2014-031 111 ~11~ .. ~~1'~~,~~ Ml• l~,,~w, ~ ~'~~1·~~1l\1 ,M'J ~1\~1 i1,1I, 111 11 Reception~: 851 4 89 0 7/17 12014 10 ·29 :22 PM Jean P l b erico 1 o f 5 Re c Fee $0 0 0 Ooc Fee 0 00 GPRF I ELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) At a regular meeting of the Planning Commissi on for Garfield County, Colorado , held in the Commissioners' Meeting Room at the Garfield County Plaza Building, 108 8th Street, in Glenwood Springs , Colorado , on Wednesday, the 9th h day of Jul y, 2014, there were present: Bob Fullerton , Commissioner, Chairman ~~~~~------- John Kuersten , Commissioner, Vice Chair -----~~~---- =S~e an==-M=c.=art=i n=-->.C( a=b::...::s~e =n t"-'") _____ , Commissioner, Secretary Bob Miller Commissioner Greg McKennis (absent) Commissioner Keith Lammey Commissioner Stephen Damm Commissioner Michael Sullivan (absent) Associate Commissioner Eric Rudd Associate Commissioner Wendy Haskins Associate Commissioner =-=K=e=ll..,_y--=C::...::a"-'v_::;e ________ , Assistant County Attorney Becky Wheelersburg Clerk to the Commission when the following proceed ings, among others were had and done , to wit: RESOLUTION NO. PC-2014-0 3 A RESOLUTION CONCERNED WITH A LOCATION AND EXTENT APPLICATION FOR A WATER STORAGE AND FILL ST A TION (CASE NO. LAEA-7795) Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. Pursuant to law, the Board of County Commissioners of Garfield County has appointed the Garfield County Planning Commission (the Commission). C. The Bluestone Mana gement Committee (Appl ic ant), in conjunction with the Colorado River Water Conservation District, the Bluestone Water Conservancy District and Chevron USA Inc . has applied to the Planning Commission as Case No. LAE A-7795 for Location and Extent Review for the proposed Water Storage and Fill Station. D. The facility is propo sed to be located approximately 6 miles northwest of the Town of DeBeque off of Garfield County Road 200 adjacent to the Mesa County Line. The facility will be located on a 1.2 acre site which is part of an overall tract of approximately 1,068 acres and more fully described on the attached Exhibit A. 1 111 1 ~,1~_,p ::Q1~·~~ ~,1~1Yr,U:ili,1 l.6'.¥",,1~~11,~~'r1 "~':' i 1,1I, 11 111 Re ce ption~: 851 4 89 07/17/20 14 10 29 ·22 AM Jean Albe r i co 2 of 5 Rec F~e ·$0 00 Doc Fee ·O 00 GARFIELD COUNTY CO E. Pursuant to Section 4-111 (C) of the Garfield County Land Use and Development Code of 2013, as amended (LUDC), and C.R.S. § 30-28-1 lO(l)(a), the Commission is required to review the location and extent of the proposed Water Storage and Fill Facility to determine whether the pro- posed public structure and improvements are in general conformance with the County 's Master Plan. F. In accordance with state law, the Planning Commission has adopted a Master Plan. The Master Plan applicable to this Petition is the Comprehensive Plan of 2030, as amended (the Com- prehensive Plan). G. The Commission opened a public hearing on July 9, 2014, upon the question of whether the proposal is in general conformance with the Comprehensive Plan. H. The Commission closed the public hearing on July 9 , 2014 , to make a decision on the re- quest. I. The Commission, on the basis of substantial competent evidence produced at the aforemen- tioned hearing , has made the following determinations of fact: I. That proper public notice was provided as re quired for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all per- tinent facts , matters and issues were submitted or could be submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons , approval of the Location & Extent request for the Bluestone Management Committee's Water Storage and Fill Facility is in the best inter- est of the health, safety , and welfare of the citi zens of Garfield County. 4. That with the adoption of conditions , the Location and Extent request has been determined to be in general conformance with the Comprehensive Plan. 5. That the Location and Extent request compli es with the Review Criteria contained in Sec- tion 4-111 (C), Location and Extent of the LUDC. 6. The determination of general conformance is based on the Applicant's representations in their Application submittal and at the public hearing before the Planning Commission. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of Garfield County, as follows: A. The foregoing Recitals are incorporated by this reference as part of the resolution. B. Exhibit A describes the real property where the public structure of the proposed Bluestone Management Committee 's Water Storag e and Fill Facility requesting Location and Extent review will be located. 2 1111 ~,1~_...:;1~1 ~~\Ml\ W1l ~,rJi,1 1 /~t,1: 'J~~,~~~li 1 ~1 f/ i ,1 /, 111 11 Recepti o n~: 851 4 8 9 07 /17/2014 10 29 .22 AM Jean Alberico 3 of 5 Re c Fee $0 00 Doc Fee 0 00 GARFIELD CO UNT Y CO C. The Location and Extent request for the proposed facility is hereby approved subject to the following conditions of approval: 1. That all representations made by the Applicant in the Application shall be conditions of approval unless specifically altered by the conditions of approval contained herein . 2. That the Bluestone Management Committee 's Water Storage and Fill facility shall be operated in accordance with all applicable Federal , State , and local regulations governing the operation of this type of facility including any storm water management permitting and conditions . 3. Prior to construction of the facility the Applicant shall obtain County Road Access Permits from Garfield and Mesa Counties and shall comply with any conditions contained therein including any safety , signage, and traffic control requirements . 4. Structures and storage tanks within the facility shall be painted a non-glare neutral color to lessen visual impacts and all lightin g shall comply with Section 7-306 and be di- rected inward and downward toward the inte rio r of the facility and only in operation during use of the facility. 5. The Applicant shall comply with the Colorado Parks and Wildlife (CPW) referral comments and recommended best management practices as reflected in the CPW Letter dat- ed 4/24114 and the Applicant's response dated 5116114. 6. The Applicant shall establish and maintain a dust suppre ss ion plan for the facility. 7. Primary pumps shall be electric powere d to minimize noise impacts and the facility shall be operated in compliance with County and State noise regulations. 8. The Applicant shall maintain fencing an d gates for the facility for safety and com- patibility with agriculture and grazing adjacent to the facility . 9. The Applicant shall obtain any required building and grading permits for the facility from the Garfield County Building Departme nt and shall compl y with all requirements , in- cluding but not limited to , drainage plans and storm water detention as may be required for the facility. Said plans shall address potenti al for sheet flow from the adjacent drainage swale north of the site. A final copy of the lease agreement with Chevron USA Inc. shall be provided prior to issuance of a building or gradin g permit. 10. Areas of top soil storage shall be subj ec t to grading permits and shall be managed in accordance with the Applicant's Reclamation and Noxious Weed Management Plan includ- ing re-vegetation and ongoing weed management. 3 111 1 W1lrJ~1:11~~:1 r.f U,~~~ l~1~ 1!-J\i~·~,1~i'~~r~'la ~1.l\'1 i 111l 1 11 11 1 Reception~: 851489 071 171201 4 10 29 22 AM J ean Albe r i co 4 of 5 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO DATED this q"\"\'\ day of July , 2014. ATTEST: Sean Martin, Secretary Garfield County Planning Commission PLANNING COMMISSION OF GARFIELD C OUNTY, COLORADO ~ £1:-ddJJ;Z, Bob Fullerton, Chairman Upon motion duly made and seconded the for egoing Resolution was adopted by the follow- ing vote: Commission Chairman Bob Fullerton Aye Commissioner John Kuersten Aye Commissioner Sean Martin absent Commissioner Bob Miller Aye Commissioners Greg McKennis ab sent Commissioner Stephen Damm Aye Commissioner Keith Lammey Aye Associate Commissioner Michael Sullivan absent Associate Commissioner Eric Rudd Aye Associate Commissioner Wendy Haskins Aye 4 111 1 ~1 1r-'p~·1~~·nM~ ~r,ir1~.1.k1 f•'~~ r.r.~~1 ~'J (h•11Ji1il1 111 11 R ecepti on ~: 851489 0 7/17/2014 10 :29 .22 AM Je a n Alberico 5 of 5 Rec F"e $0 00 Doc Fee 0 00 GARFIELD COU NTY CO EXHIBIT A (Legal Description ) L.eflial oescriptian: TOW NSH IP 6 SDllTH, AANGC 97 WEST Of' m l SiXT l1 PR.INC lPAl MllUD lAt SECTION 6: LOTS 3, 4 , 5, 6, t2 AIND 111 SW1/4NV/l/!l, NE1/4SW1/4, S'EI /~SWl/4, SWl/4SE]/4 SECTION?: NEV4, HE1/4NW1/4, SE !/4, E1/2SWl/4, LOTS 3 AND 4 SECTION t9: THAT PART OF TH!: NE.l/4N El/4 LYING IN GARAB..D COUNl't EXCEPTING FR.OM lttE A.SOW ALL. Pl\OPBl.TY CONVEYED BY [IN DS RECOR.OED MAAQ-1 2.J, 1977 rn BOOK <1 94 AT PAGE 57-4 AND THE Pl\OM:R"n' CO MVEY ED BY I NSTRU Mel'tr fll:COR OW llll Y 2.3, 2 008 UfliDIER R.F.CS'TIO N NO . llZ9.0..Z TO WNSHJP 8 SOUTH , RANGE 98 WESf oi:-T ~E SDCTH PRINCIPAL t~ER l OIAN SECTI ON 12; SE1/4 C.OUN TY Of GAR:Fllll.O, SfATE 0 1' COt.ORAOO 0@5c ri pt lon of P'ermitn ent Easement on die lld$ of CheW'!On .S.A , for aluestone oMOlna.gernent Committee A perma ant easem n.? $ilwte d ~n t 1c Nl/2 NEl/1.1 of Secti on 18. f (!Vj ship B Sovth, R n 97 Wm or ttlt Sheth Prlnciila l Metid i~11 . Garfield and Mes.a Co.until!> Colorado b!!ll ng mo re partiwlarfy d:e!.cr~ as fo f O\V$: B..oglnning at a pcint on the ncirthetly r f,gbt-of -way{R.O.W.) ~ne of ~a Co untv x_s; Roa d~ des cnbed in ti"la;t document r~ol'lde<I as Rec-.eptlQn No . 2428106 In t h" office of t11'I: Me ~a Cou nty Clerk illld Recorder, fro m which t~e NOtt nean Co mer of Section 18, be ing monumented witl1 11 199 7 B.L.M. Alu1m.hu m Cap bea rs. ' 77°21 '17 E a dlstal!Ce of 1321.02 ft!et ~nd tile No rth QU'illrte,,. Comer of Sect ion 18, bei11G mo!'umented ;1 t h a 1997 B.• Aluminum Cits> b~i'S N 7~6 '2S"W a dis.iranc of 1401.S.2 i@et. (the Ba . of Bearir\11s fo mi' de cript !on being NS:S °l2'49 "W a di>t1mcc of 264.5.31 fl!el b@t wttn m o numenu foond on the Notth llne of the N El/4 of Section 18 as desetibed a bove]: Tht:f1cc N 71°1)6' lf~·w .a lo"1:: sa id northerl v X.S Ro;1ci 11'0-W. a d itm nee or 54.06 fee t Tbefl'e ' 88~1!5·00 · W along said nortliaei!ly X.5 Roa d R.O.W. a d1i51:1mre of 101.76 1fe tto ~p o in t ori 1:11 Mes a/Ga rfie!d County line, also belnsoo t htt nonhef ly R.O.W. ofGarft@ld Co unty Ro;wl No . 200 (C-R. 2()0}, als.o knoWD as NOtth Ory fork Road, as SilCJWTI in ttiat !Xlcument reco rded ill Read Sook 0238A 1 the Garffold Co n.ty ~e ord1 ; Theru;e '11 °06' is• W aliofl s 3lcl !'!ortlll!irl'I' CJt 200 ll.O . ~. a d imnce of 144_gs, feet; Thenc;e 18°50'33 • Ea distimce of 149.04 foot; Thoene" S 71 Ci09'4!5 w ea c:!~tanQI! of 370'35 feet; Then rn 11°25•43 • Ea dis.tan·~ of 168,46 feet; l'llence S 18"34'17" a cf~mn.:e of 30.00 feet; Thence S 71 .,25 '43" w a distance i>f 284 .n fiMt; iltence S 8D43 '2.6~ W a diStance of 2 .85 feet to t e Poim of Ssginning. · 5