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STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, neld in the Commissioners'Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, April 21,2008 there were present:
John Martin . Commissioner Chairrnan
r"r* M"co* . Commissioner
Trdsi Houpt . commissioner
noo O"f&a ' CountY AttorneY
J"* Alb".i* ' Clerk of the Board
Ed Green CountY Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. -2 008 -58
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT
AMENDMENT TO TI{E GARFIELD COUNTY ZONING RESOLUTION OF 1978,
AS AMENDED, TO AMEND SECTIONS 3.10.01, 2.00,2.02.53, ANd 5.03'07 TO ADD
A DEFINITION OF WATER IMPOLINDMENT
WHEREAS, on the 211d day of January, l97g,the Board of County Commissioners of
Garfield County, Colorado, adopted ResolutionNo. 79-1 conceming aZowngResolution for
the County of Garfield, State of Colorado; and
WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through
30-28-116, C.R.S.
'tg73,
as rmended, to provide for the approval of amendments to such
ZonngResolution, and the Board has so amended the said Resolution; and
WHEREAS, on December 16, lg9l, the Board adopted a codified version of the
Garfield County Zo,nngResolution of 1978 and all subsequent amendments; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received an application from Marathon bil Co-p-y to a:nend the text of the Garfield
County ZonnfResolution of 1978 in order to accommodate water storage facilities in
the Plateau.rrb roo. of the Resource Lands Zone District; and
WHEREAS, pursuant to Section 10.02.01 Text Amendment, Marathon Oil
Company may initiate a text amendment to the Zonng Resolution of 1978, as a:nended'
as thiy are owners of real property of the zone district affected by the text change;
WHEREAS, on March 26, 2008, the Garfield County Planning Commission
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forwarded a unanimous recommendation of approval to the Board of County
Commissioners for the proposed text amendments;
WHEREAS, the Board of County Commissioners held a public hearing on the
2l* day of April, 2008 upon the question of whether the above-described text amendment
should be granted or denied, at which hearing the public and interested persons were
given the opporrunity to express their opinions regarding the proposed text amendments;
and
WHEREAS, the Board of County Commissioners, on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts :
1. That proper public notice via publication pursuant to Section 10.04.01 of the
Zontng Resolution of 1978, as amended was provided as required by law for the
hearings before the Board of County Commissioners.
2. That an application for a zone district text amendment was made consistent with
the requirements of Section 10.00 of the Garfield County Zon:ng Resolution of
1978, as amended;
3. That the Board of County 6smmissioners is authorized by the provisions of
Section 30-28-116, C.RS. 1973, as amended, to provide for the approval of
nmendments to the Garfield County ZoningResolution;
4. That the public hearings before the Board of County Commis5ioners were
extensive and complete; all pertinent facts, matters and issues were submitted; and
that all interested parties were heard at those hearings.
5. That the Garfield County Planning Commission has reviewed the proposed zone
district text amendments and made a recommendation as required by Section
10.04 of the Garfield County Zontng Resolution of 1978, a5 emsnded; and
6. The proposed text arnendments are in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield
County.
NOW, TIEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that the Garfield County Zonng
Resolution, adopted by this Board on the Znd day of January, 1979, and identified as
Resolution No. 79-1, as subsequently amsaded by this Board, shall be and hereby is
amended and said language will be incorporated into the codified Garfield County
Zonng Resolution adopted by the.Board on April 21,2008 as follows:
1) Amend Section 3.10.01 to include *Water fmpoundments" as a Special Use;
by
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Dated tUis llE day of-.!W.L-,
2) Amend Section 2.02.53 to replaqe the existing definition of Water
Impoundment with the following:
Water Imooundment: Includes u'ostewatq treatment settling ponds, surface
^i"i"g po"d", drt""tion and retention ponds, artilicial lakes and ponds, and
simiti water features. Also included, but not firtted to produced water and
condensate intpoundments as the terms are used by the oil and gos industry- Such
use shall be considered an Industrial Operation and require compliance with
standards in Sections 5.03.07 and 5.03.08.
3) Amend Section 2.00 to replace the old definition of Water Impoundment with
ffWater Reservoir' as the following:
Water Reserttoir: A natural or artiJicial place where water is collected and stored
7o, ^", esp. waterfor supplying a community, irrigating land,furnishing power.
4) Amend Section 5.03.07 Industrial Operations to add the use uWater
Impoundment as delined in Section 2.02-53.'
A.D.2008.
ATTEST:GARFIELD COI.INTY
BOARD OF
COMMSSIONERS,
COUNTY,
CO
Upon motion duly made and seconded the
the following vote:
-La:r.v
McCown , AYe
- AyeTrdsi Houpt
STATE OF COLORADO )
)ss
County of Garfield )
I , County Clerk and ex-officio Clerk of the
Board oh Cou"ty Commissioners in and for the County and State aforesaid do hereby
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certify that the annexed and foregoing Resolution is truly copied from the Records of the
plssesding 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