HomeMy WebLinkAbout4.0 Resolution 2008-03o
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@11@Al2@OA @2:17:35 Pll Jean Alberico1 of 3 Rec Fee:g0.@@ Doc Fee:0.@@ GARFIELD COUNTY C0
STATE OF COLORADO
County of Garfield
At a regular meeting ofthe Boardof County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Corrrthouse, in Glenwood Springs on,
Monday, the 10tr day of December A.D.2OO7,there were present:
John Martin , Commissioner Chairman
Larrv McCown . Commissioner
Trdsi Houpt . Commissioner
Don DeFord . County Attomey
Jean Alberico , Clerk of the Board
Ed Green County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNO. 2OO8-03
A RESOLUTION CONCER}TED WITH TIIT., APPROVAL OF A SPECIAL USE
PER]VIIT APPLICATION FOR A COMMT]MCATIONS FACILITY
WIIEREAS, the Board of County Commissioners of Garfield County, Colorado ('Board'),
has received an application from Marathon Oil Company (Applicant) for a Special Use Permit
("SL["') 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 l0' concrete foundation, 70-foot tall tower with minimal zupport components
including the thermoelectric generator, 500 gallon propane tanlq and electric box;
WIIEREAS, the County Zoning Resolution of 1978, as amended, defines a Communication
Facility in Section 2.02.155 as follows:
A non-inhabitabte structure supporting antennas and microwaye dishes that sends and/or
receives radio frequency signals, including television and date imprulses through space by
means of electromagneticwaves. Communicationfocilities include structures or towers, and
accessory building, not including individuaUpersonal direct-to-home satellite services.
WHEREAS, the Board held a public hearing on the 106 day of December,2OOT,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 conceming the
approval of said special use permit; and
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OI\OA|ZOOA @2t17:35 Pll Jean Fllberico2 of 3 Rec Fee:$0.@0 Doc Fee:0.0@ GARFIELD CoUNTY C0
WIIEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as listed below:
I ) That the approval of such Communications Facilities is in the best interests ofthe ge,neral healtb
sufety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
2) \\atproper 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 Cornmunications Facilities comply with Sections 5.03, 5.03.13, and 9.0 of the Zofurg
Resolution of 1978, as amended, if all conditions have been met.
NOW TIIEREX'ORE, BE IT RESOLYED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is hereby approved subject to compliance with all ofthe
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 demonstate 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) Tha! due to the tall height (7O-feet) ofthe 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 Permig the Applicant shall fumish GPS location and an area
that is served by each tower for the potential of futrrre users.
5) Staffrequests that the applicant include this communication site in a weed managemelrt 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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prior to the issuance of a Special Use Permit.
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Dated this I day of rJa,rr".^- a,- . l.O. ZO O 9_.
ATTEST:GAITFELD COI.]NTY BOARD OF
COMMIS SIONERS, GARFIELD COI]NTY,
COLORADO
Upon motion duly made and
following vote:
CQIvtIrz[SSIoNER GHAIR JoHN E, MARTIN - \-/ \----l . ays
Aye
Aye
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and forthe County and State aforesai{ do hereby certiftthatthe annexed
and foregoing Resolution is truly copied fromthe Records ofthe Proceeding ofthe 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 comrnissioners
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