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STATE OF COLORADO
County of Garheld
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AtaregularmeetingoftheBoardofCountyCommissionersforGarfieldCounfy'
Colorado, held in ttre Comirissioners'.Meeting Room, G1fie.ld County Plaza Building' in
Glenwood Springs on Monday, the 2nd day of March'2009' there were present:
John Martin ' Commissioner Chairman
Mike Samson , Commissioner
Trdsi Houpt ' commissioner
Deborah Ouinn ' Assistant 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.20 09-20
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMITAPPLICATIoN(SUPI7zo9)ALLowINGAT0FooTTALL
coMMLrNrCATroN FACrLriy LoCATED APPROXIMATELY I 7. 5 MILES
NORTHWEST OF THE TOWN OF PARACHUTE ON A PARCEL OWNED BY OXY
USA V/TP LP AND OPERATED BY MARATHON OIL COMPANY AND LOCATED
AT SECTION 16, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE 6TH P'M''
GAMIELD COLI'NTY
PARCEL NO. 21 692 I 400026
Recitals
A. Garfreld 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 znd day of March, 2009, the Board of county commissioners opened a public
hearing upon the question of whether the Special use Permit should be granted, granted with
conditions, or denied at which hearing the public and interested persons were given the
opportunity to express their opinions re[ardin[ the issuance of said Special Use Permit'
C. The Board of Cognty Commissioners closed the public hearing on March 2nd'
2009, and acted on the basis of substantial competent evidence produced at the
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aforementioned hearing.
D. The Application was deemed Technically complete by Planning Staff prior to
December 31, 200g and henceforth was ieviewed under tle requirements outlined in the
GarFreld County Zoning Resolution of 1978' as amended'
Resolution
Now, THEREF0RE, BE IT RES0LVED by the Board of County
Commissioners of Garfield County, Colorado' that:
l. The forgoing Recitals are incorporated by this reference as part of this Resolution'
2. proper public notice via publicalion, notice by mail and property_ posting pursuant
to Section 9.03.04 of the Garfield Cl*,y ZoningResolJtion of 1978' as amended
wasprovidedasrequiredbylawfortt,"h"*i',gbeforetheBoardofCounty
Commissioners.
3.AnapplicationforaSpecialUsePermitwasmadeconsistentwiththe
requirements of section s.or of the Garfield county zoning Resolution of 1978'
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 applicable zoning
regulations.
6'TheproposedSpecialUsePermitisinrhebestinterestofthehealth,safetyand
welfare of the citizens of Garfield County'
T.AmotionwasmadetoapprovetheSpecialUsePermitapplicationwiththe
following conditions:
l.ThatallrepresentationsoftheApplicant,eitherwithinthe.applicatiolo.l
statedatthehearingbeforetheBoardofCountyCommissioners,shall
be consider.a "ooiitions
of approval unless explicitly altered by the
Board.
2.Thattheoperationofthefacilitybedoneinaccordancewithall
applicable federal, state, and local rlgulations goveming the operation of
this tYPe of facilitY'
3. That the APPIicant shall comPlY with the fire protection provisions
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included in the rules and regulations of the Colorado Oil and Gas
conservation co*irrion tcdacc) and the Internarional Fire code as
the Code pertains to the operation of this facility'
Emission of heat, glare, radiation and fumes: every use shall be so
operatedrhatitao.'-*temitheat,glare,radiationorfumeswhich
slUsuntiAty interfere with the existing use of adjoining property or
which constitutes u p"uri" "uisance
o, hazard. Flaring of gases, aircraft
warning signals, t"'fl";;l; ;inting. of storage tanks' or .other such
operations which *uV i. ..quir.a Uy law ai safety or air pollution
"ini.of
measures shalibe exempted from this provision'
That all proper building permits, are obtained for the structures
associated withthe op"rut[n'of the Communication Facilities, if any'
Thecommunicationfaci]itiesmustbeavailableforfutureco.location
andthedenialofalandownerllessorco-locationonasiteshallbebased
on technical reasons, not on competitive interests'
g. The oxy usA wTP LP Special Use Permit for a communication Facility
operated by Marathon Oil Company is approved by a vote of 3-0'
4.
5.
6.
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Dated tt i, I L -
day of fYls,u)- . A'D' 2009'
ATTEST: GARFIELD COTINTY
COUNTY, COLORADO
f*Ailrrtd)
lerk of the Board
Upon motion dulY made and
following vote:
'iU##i$,Y,*Pi[:[l
OF COMM GARFIELD
Aye
- Ave
Tr6si Houpt '
STATE OF COLORADO )
)ss
County of Garfield )
I,:,CountyClerkandex-officioClerkoftheBoardof
County Commissior.., in *ra zu tt e County and !t1te aforesaid do hereby certify that
the annexed una ro.egoi.,g Resolution is truly copied from the Records of the Proceeding
of the Board orco*iy cE*-irrion.rs for said Garfield county, now in my office'
IN WITNESS WHEREOF, t have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this -- day of A.D.2009
CorrntyClerkandex-officioClerkoftheBoardofCountyCommissioners
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