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HomeMy WebLinkAbout4.0 Resolution 2011-37.pdf1111 Wo~.l'l'W,/.lrall~ r*l·~~.~l'l~fllr~~loM"rfl~ I~IJ. ~~~& IIIII REception~: 804935 . 07108/2G11 09:24:12 AM .::ean Alberico 1 of 4 Reo Fee:$0.00 Doc Fee:O (2)0 GARFIELD COUNT'!' 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 20th day of June 20 II, there were present: ,Jo,_hn~M~art'-'m"· c__ ________________ , Commissioner Chairman "'Mik""""e"-"S"'am=so~n~---------------~ Commissioner -C:T"'om~J"'a':'nk.,o"'v"'s"'kyL----------------' Commissioner ""C""ar,_,e'.Ly_,Ga=gn=on~---------------~' Assistant County Attorney "'Jean"'""~A..,l""b"'er"'ic,o'-----------------' Clerk of the Board ,-Ed,__,Gr,_,' -"ee"'n,_("'a"'b.,.se"n"'t)L_ ______________ , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2011-3 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR A "COMMUNICATION FACILITY" TO BE LOCATED ON THE NOBLE 8D WELL PAD AND OPERATED BY NOBLE ENERGY, INC. THIS SITE IS LOCATED ON A 316-ACRE PROPERTY OWNED BY JOAN L. SAVAGE IN SECTION 5, TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO.: 2405-053-00-082 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Lircited Impact Review requesting a Land Use Change Perrcit for a "Communication Facility" on a property owned by Joan L. Savage. B. The subject parcel is legally described in a Personal R,epresentative Deed recorded at Book 682, Page 491 in the Office ofthe Garfield County Clerk and Recorder. C. The subject property is within the Rural Zone District, where such use requires a lircited impact review and issuance of a Land Use Change Permit D. The Board of County Commissioners opened a public hearing on the 20th day of June, 2011 when the question of whether the above-described Land Use Change Permit should be granted or denied was considered, and during which hearing interested persons were given the opportunity to express their opinions regarding the issuance of said Permit. 1111 WI"• flWJ,\rtlil.l't\~~r..ll~1flrl~\~tf« W~ ~·~ IIIII Receptionn: 804935 07/08/2011 09:24:12 AM J~an Alberico 2 of 4 RG>c Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO E. The Board of County Commissioners closed the public hearing on the 20th of June, 2011 to make a decision regarding the request. F. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations offact: 1. Proper notice was provided as required for the hearing before the Board of County Commissioners. 2. 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 hearing. 3. The above stated and other reasons, the proposed Land Use Change Pem1it has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County. 4. The application will meet the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended upon compliance of the conditions adopted by the Board of County Commissioners. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A Land Use Change Pem1it for a "CO!fu'11unication Facility" consisting of a 69' tower on an 8' x 8' concrete pad located on a COGCC-approved well pad in Section 5, Township 7 South, Range 94 West of the 6'h P.M., Garfield County, is hereby approved subject to compliance with the iollov,ing conditions: I. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governin.g the operation of this type of facility; 3. The support wires for the tower musi be flagged or marked to prevent avian collision. 4. This facility shall be included in a weed management program that includes annual monitoring and treatment of Garfield County listed noxious weeds. 2 1111 ~\"'• ~~"~~~J~I~l.!~~L rll~\ IPA:rJrltlomlrK II!Unllllll Reception~: 804935 07/08/2011 09:24:12 RM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 5. The facility shall be required to comply with the following standards: a. The facility shall be operated so that the grol.ind 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. b .. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. c. All equipment and structures associated with this permit shall be painted Vv"ith non-reflective paint in neutral colors to reduce glare and mitigate any visual impacts. d. Volume of sound generated shall comply with the standards set forth m the Colorado Revised Statutes. e. All lighting associated with the property shall be directed inward and downward towards the interior of the property. erk ofthe Board Upon motion duly made and seconded the following vote: BOARD OF GARFIELD opted by the COMMISSIONER CHAIR JOHN F. MA.R~T-'"IN"-r__ ···--~~• Aye COM!'vfiSSIONER MIKE SAMSON --------~'Aye COMMISSIONER TOM JANKOVSKY . Aye STATE OF COLORADO ) )ss County of Garfield ) 3 •m "I'-"' ri'WI,11/i".UJ mo.~ l'lt'l;f'tlfl'r9;iMI'f ~~~~.1!!·111111 ReceptionH: 804935 07/08/2011 09:24:12 AK Jea~ Alberico 4 cf 4 Reo F,;oe:$0.00 Doc Fee:O 00 G,qRFIE:..D COUNTY CO 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. 20 Cmmty Clerk and ex-officio Clerk of the Board of County Commissioners 4