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Home My WebLink About5.0 Resolution 2007-03PIIII '1a %%11R 11 t1lk11r1 ' 111KfillfliorwRii11111 Reception#. 714932 01710/2007 AO 48-01 AM 8 1882 P 0382 Jean Alberico A of 4 Rev Fee 0 00 floe Fee. GARFIELD COUNTY CO STATE OF COLORADO ) )ss 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 18th day of December A.Q. 2006, there were present: John Martin Larry McCown Tresi Haupt Don DeFord Mildred Alsdorf Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2 0 07-0 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR FOUR COMMUNICATION FACILITIES FOR A PROPERTY OWNED BY CHEVRON USA INC, GARFIELD COUNTY PARCEL NO# 216721200008 PARCEL NO# 213732100008 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ('Board"), has received an application from Chevron USA Inc. for a Special Use Permit ("SUP") to allow Four Communication Facilities (Un -Manned Towers) on their property within the RL (Resource Lands) zone district; and WHEREAS, the Board held a public hearing on the le day of December, 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. 1 ■IllPOI til 11111 Receptionq 714s32 01/10/2007 10 48 01 AM B td82 p 0383 Jean +3iberico 2 of 4 RCc Fee D 00 Doc Fee GARFIELD COUNTY CO 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 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 welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5.03.13 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 County, Colorado, that Special Use Permit for Four Communication Facilities (Un -Manned Towers) for a property owned by Chevron USA Inc. is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility. 4. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the County Vegetation Manager for approval prior to the issuance of a Special Use Permit. a. The Applicant shall provide a calculation and map indicating the amount of surface to be disturbed by the construction and operation of the four (4) proposed communication facilities. b. The Applicant shall provide Garfield County with a $4000 per acre revegetation security based on a 10-15 year timeframe. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. 11 is the responsibility of the Applicant to contact the County, upon successful revegetation establishment, to request an inspection far bond release consideration. 1111K 110iMIMEN 1111I Reaeptian#: 714 01/10/200T 10 40 0 B 1862 P 0364 Sears Alberico 3 of 4 Rea Fee.0 00 Uoc Fee GARFIELD COUNTY CO c. The Applicant shall provide a site rehabilitation plan that details the removal of equipment and associated infrastructure. The plan shall provide for revegetation of the site and associated roads once the facility is no longer in use. d. The Applicant shall provide a Soil Management Plan which is to include provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles, and a plan that provides for soil cover if any disturbances or stockpiles will site exposed for a period of 90 days or more. 5. Emission of heat, glare, radiation and fumes: 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 signals, 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 provision. 6. If applicable, the Applicant shall provide a copy of the appropriate bond supplied to the Colorado Oil and Gas Conservation Commission (COGCC) intended to guarantee reclamation of the Communication Facility sites once the life of the Communication Facilities has ended prior to the issuance of a Special Use Permit. If the COGCC does not require reclamation and revegetation bonding, the applicant shall work with County Staff to establish a bond appropriate to guarantee reclamation and revegetation of the four (4) Communication Facilities. 7. That all proper building permits are obtained for the structures associated with the operation of the Communication Facilities. 8. Written confirmation from the Federal Communication Commission indicating that these facilities are within all specified federal guidelines. This confirmation shall be submitted prior to the issuance of the Special Use Permit. 9. The communication facilities must be available for future co -location and the denial of a landowner/lessor co -location on a site shall be based on technical reasons, not on competitive interests. Dated this 2r day of ATTEST: ae-414*-1,- >7L rk of the Boardrk of the Board , A.D. 200'7 . GARFIELD WAIS co ' Int RAID+ COU NERS, TY BOARD OF ARFIELD COUNTY, Chairma 3 11111.144111111051N14Pici11I11 Recsptlonfl: 714932 01110/2007 10 46 01 FPI b 1862 P 0365 Jean Rlberico 4 of 4 Rao Fee 0 00 Doc Fee Gt3RFIELD COUNTY CO Upon motion duly made and stconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TR.1SI HOUPT STATE OF COLORADO County of Garfield )ss ) , Aye , Aye , Aye 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 Commissioners 4