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Home My WebLink About4.0 Resolution 2008-127STATE 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 Plaza Building, in Glenwood Springs on Monday, the 41h day of August, 2008, there were present: '"Jo.,.hn.....,M"""'art""i"'n--------------~ Commissioner Chairman ~L=arry,..._=M=c=C=o~wn~-------------~· Commissioner -"T_,,ri:"'s~i H=ou,,.o'-'t _______________ ,, Commissioner ,.C,,.ar"'o"'lynuuD~ahl"""cy"'"'"en"----------------• Deputy County Attorney ~Jean=~Al=b~e~n='c=o-------------~· Clerk of the Board ,,E,,,d_,G"'r~ee,,,,n'-'(~ab,,,s~en~t,,,_) _____________ ,, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2008-J...2!/ A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE EXTENSION OF THE HINER GATE COMMUNICATIONS TOWER FROM 30' TO 50' AND THE PLACEMENT OF A COMMUNICATIONS- RELATED SHED MEASURING 10' x 12' BY CHEVRON USA, INCORPORATED, GARFIELD COUNTY, LOCATED ON A PORTION OF TRACT 44 SITUATED IN THE SWY4SW 1/. OF SECTION 10 T6S, R98W PARCEL NO# 2137-321-00-008 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act B. On the 2"d day of January, 1979, the Board adopted Resolution 79-01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all the provisions of the Zoning Resolution. D. The Board held a public hearing on the 4• day of August, 2008, upon the llll lllr_.~thV~Ml~l'W Mlli.1.1(11,~Jl.llL ~~\, ~ 1.1.IWi 11111 Reeepl!ontt: 756158 11105/2009 09:31:15 AM Jean ~lberico 2 of 4 R•o F••:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO question of whether the above-described Special Use Pennit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the special use permit. E. The Board of County Commissioners closed the public hearing on August 41 \ 2008, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution NOW, TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit is approved based on the following findings: I. The forgoing Recitals are incorporated by this reference as part of this Resolution. 2. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended, was provided as required by law for the hearing before the Board of County Commissioners. 3. An application for a special use permit was made consistent with the requirements of Section 5.03 of the Garfield County Zoning Resolution ofl978, as amended. 4. The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. 5. The proposed special use permit is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 6. The proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 7. The Special Use Permit for the Extension of the Hiner Gate Communications Tower from 30' to 50' and the placement of a communications-related shed measuring 10' x 12' proposed by Chevron USA, Incorporated, shall require that the following conditions be satisfied: A. 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. B. 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, including those of the FCC and FAA. 1111 ~~.11'1ftW.'11YJ! II'-!, lllVl1l,YIJ:~~V~IV,11~.·.1 !KW, 11111 Reception~: 758158 11f05/20El8 09,31 :15 AM Jean Rlbericc 3 of 4 R•e Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO C. 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. D. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. E. Vibration generated: the Tower shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. F. Emission of heat, glare, radiation and fumes: the Tower 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. G. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. H. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. I. That all proper building permits are obtained for the structures associated with the operation of the Tower. Dated this 3 ;IF( day of /lw ,A.D.2008. ATIEST: GARFIELD COUNTY BOARD OF COMM\8SiiDN):RS, GARF! LD COUNTY, COL 0 esolutio the following vote: ~J~owhn.,_.M:~art"""'i~n~~~~~~~~~~~~~~~~~~~~~~~·Aye ~L=arrv~~~~c=C=o~wn~~~~~~~~~~~~~~~~~~~~~-•Aye _T~r~e~si~H~o~u,,..,_,t~~~~~~~~~~~~~~~~~~~~~~~•Aye STATE OF COLORADO County of Garfield ) )ss ) 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. 2008 County Clerk and ex-officio Clerk of the Board of County Commissioners