HomeMy WebLinkAbout5.0 Resolution 2008-031111 Pitrcrirs'iPtiliciIiGiilinigi.i,w gtIWit 11111
Receptionf: 740789
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GRRFIELD COUNTY CO
STATE OF COLORADO
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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 Courthouse, in Glenwood Springs on,
Monday, the 101 day of December A.D. 2007, there were present:
John Martin , Commissioner Chairman
Larry McCown Commissioner
Tresi Houpt , Commissioner
Don DeFord , County Attorney
Jean Alberico Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 8- 0 3
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR A COMMUNICATIONS FACILITY
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application from Marathon Oil Company (Applicant) for a Special Use Permit
("SUP") for four (4) Communications Facilities on three separate properties owned by Berry
Petroleum Company, Puckett Land Company, Chevron USA, Inc located within the Resource Lands
(Plateau) zone district. The design of each facility will comprise of a 20' x 20' foot print that
includes a 10' x 10' concrete foundation, 70 -foot tall tower with minimal support components
including the thermoelectric generator, 500 gallon propane tank, and electric box;
WHEREAS, the County Zoning Resolution of 1978, as amended, defines a Communication
Facility in Section 2.02.155 as follows:
A non -inhabitable structure supporting antennas and microwave dishes that sends and/or
receives radio frequency signals, including television and date impulses through space by
means of electromagnetic waves. Communication facilities include structures or towers, and
accessory building, not including individual/personal direct -to -home satellite services.
WIIEREAS, the Board held a public hearing on the 10`" clay of December, 2007, 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
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Recepiionit: 740789
01/08/2008 02:17:35 PM Jean Alberico
2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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) That the approval of such Communications Facilities is in the best interests of the general health,
safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
2) That proper public notice was provided as required for the hearing before the Board of County
Commissioners.
3) That 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.
4) That the Communications Facilities comply with Sections 5.03, 5.03.13, and 9.0 of the Zoning
Resolution of 1978, as amended, if all conditions have been met.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the
following specific conditions:
1) That all representations made by the Applicant in the application and as testimony in the public
hearing before the Board of County Commissioners shall be considered conditions of approval,
unless specifically altered by the Board of County Commissioners.
2) That no Special Use Permit shall be granted unless the Applicant can demonstrate to the BOCC
that co -location is not available to them and that new individual facilities are the only way to
proceed. This shall need to be addressed at the hearing before the BOCC.
3) That all colors used on the facilities shall not make the tower reflect light and blend in with the
surrounding vegetation.
4) That, due to the tall height (70 -feet) of the approved towers, they shall be available for additional
users to co -locate on the tower so as to not proliferate communication towers across the plateau.
Prior to issuance of a Special Use Permit, the Applicant shall furnish GPS location and an area
that is served by each tower for the potential of future users.
5) Staff requests that the applicant include this communication site in a weed management program
that will provide for annual monitoring and treatment of Garfield County listed noxious weeds.
This plan / program shall be provided to the County prior to issuance of any Special Use Permit.
6) The Applicant shall demonstrate that fire protection measures (Fire Protection & Response Plan
with a map and GPS coordinates for emergency response) are incorporated into these facilities
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JIM l 'iIZ hJil ictioiIiNiI,,.,4I+ WJJ11/414?hi 11111
01/08/2008 02:17058pM Jean Rlberico
3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
prior to the issuance of a Special Use Permit.
Dated this 1 day of \J0.1144.4 .1_ , A.D. 200 8
ATTEST: 0
.9 w� rY1
1 of the Board Chairm
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Upon motion duly made and seconded the fore _
by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN Aye
COMMISSIONER TRESI HOUPT 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 Conunissioners
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