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Home My WebLink About5.0 Resolution 84-99STATE OF COLORADO County of Garfield Recorded at ss. Reception No JUN 0 51964 9MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO BOOK 650 PAGE8S5 At a regular meeting of the Board of County Commissioners for Garfield County, Clorado, held at the Courthouse in Glenwood Springs, or: Monday , the _Atyy____ day of June , A.D. 1984, there were present: Larry .Velasquez Flaven J. Cerise Eugene "Jim" - Drinkhouse Earl :Rhodes` Stan Broome Mildred Alsdorf when the following proceedings, done, to -wit: Commissioner Chairman Commissioner Commissioner County Attorney County Manager Clerk of the Board among, others, were had RESOLUTION NO. 84- and RESOLUTION CONCERNED) WITH THE ADEQUACY OF THE STORM KING MINES FISCAL IMPACT ANALYSIS WHEREAS, the application of Storm King Mines to develop a coal mine project to be located in the unincorporated area of Garfield County, Colorado, in portions of Townships 5 and 6, Ranges 89 and 90 West of the 6th Principal Meridian, is subject to the requirements of 5 5.08 of the Garfield County Zoning Resolution of 1978, mandating that a fiscal impact mitigation program be developed since the Applicant intends to apply for land use permits from the County for its coal mining operations and related facilities, and qualifies as a major project for the purpose of the Fiscal Impact Mitigation Regulations, as it will employ, at any one time, a total work force of two hundred (200) or more employees in Garfield County; and WHEREAS, pursuant to the requirements of the Garfield County Fiscal Impact Mitigation Program, § 5.08, Storm King Mines (hereinafter referred to as the "Applicant"), did file a Statement of Intent to apply for land use permits for the operation of a major project, as defined at 5 5.-08.02.08, on September 22, 1983, in accordance with the requirements of 5 5.08.04.01; the Applicant filed a Pre -Application Notice with the Board of County Commissioners, in accordance with the require,.:ents of 5 5.08.04.03 on November 18, 1983; the Board referred the Pre -Application Notice to the appropriate government entities within the impact area, as defined at 5 5.08.02.05, and did cause the appropriate notice of the pre -application to be given, in accordance with the requirements of 5 5.08.04.04; the Board did cause public informational meetings to be held on the Pre -Application Notice, in accordance with the requirements of 5 5.08.04.05 on Decemher 12, 1983 in Glenwood Springs, Colorado, on December 13, 1983 in New Castle, Colorado, on December 15, 1983 before the Garfield County Planning and Zoning Commission, and on January 16, 1984 before the Board; a Pre -Application Report was prepared, at the direction of the Board, following the public meetings, in accordance with the requirements of 5 5.08.04.06, and made public on February 6, 1984; this Report contained a summary of the comments which the public and government entities made at the public meetings, and included a statement of the Applicant's proposed scope, approach and schedule for the -Fiscal Impact Analysis; and WHEREAS, the Applicant, on March 12, 1984, submitted to the Board a fiscal impact assessment` of its proposed major project,- dated march 9, 1984,in accordance with the 65 BOOK MGE843 requrements`;of § 5.08.05; the Applicant's Fiscal Impact Analysis': was prepared, following the consultations required by 5.08.0.5.01, and copies were, transmitted to each government entity within the impact': area, as required; the Board did, in accordance with §::5.08..05,03,.create an Advisory Committee' to ,. assist in the review of the Applicant's Fiscal Impact Analysis, which Committee mei: on April 13, 1984, and whose comments on 't1=e adequacy of ` the Fiscal Impact Analysis were solicited on April 19, 1984; the Advisory Committee met with the Garfield County Planning and Zoning Commission to review the Fiscal Impact Analysis on April 25, 1984 and May 2,. 1984; the Advisory Committee and the Planning and Zoning Commission did prepare a Report of their findings and recommendations with regard to the Fiscal Impact Analysis for the Board, which was presented to the Board for its consideration at the public hearing held before it on May 14, 1984, at which time the adequacy of the Applicant's' Fiscal Impact Analysis was considered; and WHEREAS, the`Advisory.Committse and the Planning and: Zoning Commission have conducted the puLlic .meetings and solicited public input, as required, and have found that the Applicant's Fiscal Impact Analysis is generally adequate for use in the preparation of a fiscal impact mitigation program, in accordance with § 5.08.07; provided that the Applicant satisfactorily addresses the specific issues in its mitigation program set forth in the report of the Garfield County Planning Commission, dated May 1=,'1984; and WHEREAS, the public hearing before the Board, held on May 14, 1984, pursuant to the requirements of `§ 5.0.8.06.03, was extensive and complete, proper public notice having been given,: with.: all pertinent facts, matters and issues submitted and considered, and all interested parties, including the Applicant, having been given ample time to be heard; the Fiscal Impact Analysis, which the Applicant has prepared and submitted, appears to be generally adequate andin conformance with the requirements of § 5.08, and the Board's directive to the Applicant of February 6, 1984, ` as set forth in the Pre -Application Report. NOW, THEREFORE,BE IT RESOLVED: as` follows: 1. Substantial ':competent evidence has been presented on the record at the public hearing, held before this Board on May 14, 1984, concerned with the general adequacy of the Fiscal Impact Analysis; submitted by Storm Ring Mines, in accordance with the requirements of § 5.08, which the Board does find to be sufficient for the Applicant to submit an appropriate fiscal impact mitigation program for Board approval simultaneously with its applications for the land use pernu.ts required for the major project 2. Any such_ fiscal impact mitigation. , program, which the Applicant submits, shall address, at a minimum, the following ,areasto be mitigated by the Applicant. The mitigation program shall : provide. that: Housing is available for the employees :o the'illajor _proje:ct; Additional public services and: facilities, including operating costs': necessary to mitigate impacts of the major .project shall be providedor available, or additional revenues provided or available to each government entity. These shall be sufficient -to mitigate impacts of the major project, or the impacts created by the employees of the majorproject and their households; UooK 650 ? 88 applicant will provide for capital costs of construction or new or expanded public facilities' necessary for each government entity to provide the services equired. , bythe,•..:.:major project, or the. mployees,. of .:; the ma:j:or : ` Project _ and their ous'eholds There is a plan to address any fiscal • :impacts:::.on.. ; e government entities;resulting• the .delay :or :abandonment: of the major project--; after :any" land use permits are issuedby :the- Conty:;:... There:: is an emergency services plan addressing ;: fire protection, ambulance services, hospital and emergency hospital :'services` which shall be prepared by the applicant and reviewed by the various affected government entities providing such• `. serv:ices. The plan shall be reviewed by. the Garfield: County Public Health Officer; - There ..are adequate public safety services and facilities provided tomitigate the impacts caused by the major project or by the employees of the project ;and their roject or b•• e impacts to school. facilities caused by.;''. the majorpro�ect,, its employees or their eir households : within • -the impact area shall be :•mitigated.;. 3;.... ;.The, applicant, in. conjunction :with the County,.' shall develop.:.. and implement.: a . monitoring program to gauge, on a. quarterly" basis, 'the '.eff.e.ct.veness:. `of ..a mitigation plan, and t]e plan sha13, :.take into account the concerns and. recominendati ons of . l:o,cal ' gov.ernment ent.ities..• 4 Upon; a :. ten :.percent~ .(`10%) or greater va=rianc'e in the aver.age .total "work: force;, ::from •.what. -was•• • .projected at the of permit issuance, the Board -.may adjust the• impact mitigation •program in propor.ton; to the difference of the projected' actual,' work 'force:," in.accordance. •w"ith the provisions of § 5, 08.:;,08.:03.• 5:. Upon a vari,ance:....':in the - wor'kf.orce residency. projections for an effected ,Deal. .government entity from what was" proj=ected at t -the, time of permit issuance, the Board may • ad'ust � the impact mitigation: program in proportion: difference: of ::the `projected:: actual :` -work force,, in accordance • • wi•th `the provisions :of `:� :5.08 '08.03 :, 6.: The Fiscal Impact Analysis shall be considered adequate for the purpose of preparing a mitigation plan for a period of. one (1) year from the date of :>this resolution. 7. The - mitigation program, submitted by the Applicant, shall besubject to the' provisions of :§ 5.08:: Upon motion duly made ;:and. seconded, Resolution was adopted by the following vote: array `Velasquez the . :foregoing Aye laven • J; ::.Cerise-`; Aye ene."Jim!!: Drinkhouse :..:'."::.' Ay Commissioner's ATTESTS STATE. OF: COLORADO County.'of ; Garfield )ss. Boo . 650 ? GE 888 B OARD OF COUNTY..COMMISSIONERS O F GARF LD COUNTY,.. COLORADO By: Chair County Clerk and ex -officio Clerk of tne 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 Proceedings 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. 198 .. County Clerk and axofficio Clerk of the Board of County Commissioners: