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Home My WebLink About4.0 Resolution 2012-14.pdf1111 EPAIMMli G i4 J Ir'IYliNrIr ail :IIf' 1I 1!1 Re cep t ortR: 520895 1 of66zgen Fee4$0.00 Doc�Fee:0.00rG RFIELC 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 Administration Building in Glenwood Springs on Monday, the 2lst day of May A.D. 2012, there were present: John Martin Mike Samson Tom .tankovsky — Absent Andrew Gorgey Carey Gagnon Jean Alberico , Commissioner Chairman , Commissioner , Commissioner County Attorney, Acting - County Manager , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2012 - 114 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FORA COMMUNICATION FACILTY ON A 614 ACRE PROPERTY OWNED BY DAYBREAK REALTY LLC LOCATED APPROXIMATELY 4 MILES SOUTH OF THE TOWN OF PARACHUTE IN SECTION 30, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6171 P.M., GARFIELD COUNTY PARCEL NO. 2407 - 193 -00 -162 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Penrnit — Limited impact Review to allow for a Communication Facility - Telecommunication Tower, as further described in Exhibit A, (Site Plan). B. The Daybreak Realty LLC application, for the Encana High Mesa PN -30 Tower is located on an approximately 3 acre site within a 614 acre parcel of land owned by Daybreak Realty 11.C, The ownership of this property is described in a Special Warranty Deed found at Reception No. 604127 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Rural (R) zone district, approximately 4 miles south of the 'Gown of Parachute. D. The Communication Facility — Telecommunication Tower may be permitted in the Rural zone district with a Limited Impact Review. 1 it • 111101.6 PANAY. iO 1l O 11111 Rscept1on #: 520095 O &11612512 03:41:58 PM Jean Athol-1c° 2 of 6 Roo Fea:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO E. 'lite Board is authorized to approve, deny or approve with conditions a Limited Impact Review application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 2193 day of May, 2012 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 21' day of May 2012 to make a final decision. 11. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for a Communication Facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are required. 4. That the application can be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended, if recommended conditions of approval are required. 5. That subject to compliance with the adopted conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended, 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. 13. The Land Use Change Permit for a Communication Facility -- Telecommunication 'lower for the IIigh Mesa PN -30 Tower, to be operated by Encana Oil and Gas (USA) Inc. is hereby approved subject to compliance with the following conditions: 2 1111 i'rallINALIKI anoiciriewirti# I 11111 Recept1on #: 820095 06!1512012 03:41:59 PM dean Rlberioo 3 of 6 Reo Fee:$0,03 Doo Fea:0.00 GARFIELD COUNTY CO 1. 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 and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including but not limited to the FAA and FCC. 3. The Applicant shall maintain compliance with the provisions of Section 7 -823 of the Unified Land Use Resolution of 2008 as amended including but not limited to maintenance, abandonment, and Federal Agency compliance. 4. Any area of disturbance shall be re- vegetated during the next growing season after completion of construction. Compliance with long term reclamation plans contained in the Application shall be required. Continued implementation of Encana`s noxious weed management plan and integrated vegetation management plans as appropriate for the site shall be required. 5. During the construction phase the Applicant shall provide portable toilets, storm - water /soil erosion management as needed for site disturbance, and shall provide for secure storage and/or daily removal of any trash or refuse from the site. 6. Final engineering plans for the tower shall be provided to the Garfield County Building and Planning Department prior to initiating construction. Construction and installation of any additional communication cabinet buildings shall be properly permitted with the Garfield County Building Department and meet all zoning and related requirements. 7. The proposed construction shall comply with the recommendations of the CTL Thompson Geotechnieal Investigation and including but not limited to concrete recommendations to address potential for soil corrosion. 8. The Applicant shall maintain a current State Storm Water Discharge Permit associated with the Storm Water Management Plan covering the site. Compliance with all Storm Water, Drainage, and Best Management Practices shall be required. 9. Compliance with the general guidelines and recommendations of the Wildlife Sensitive Areas Report (West Water Engineering, 9/2011) shall be required. 10. A waiver from the requirement for an inspection within two years by the Director of the Building and Planning Department is approved subject to the condition that the site may be inspected upon request by the County. 3 11111 Y:6111 !!'VIM Iff#1C1411:11P1411. Ili 11111 Recsption#: 820085 08/75/2012 03;41:58 PM dean A16erico 4 Of 5 Rec Fee :$0.0e 000 Fee:0.00 GRRFIFLD COUNTY CO 11. The Applicant's Traffic Engineer or other qualified professional shall provide an assessment of the private access road confirming its adequacy in terms of width, surfacing, grade, and safety to serve the site for construction and maintenance, prior to issuance of the Land Use Change Permit. 12. The proposed tower shall be developed consistent with the representations contained in the Twin Eagle Consulting LLC letter dated April 9, 2012 from Curtis Oliver, Senior Systems Engineer addressing FAA and FCC compliance and notification. 13. A waiver from the requirement to submit an FAA Form 7460-1 shall be allowed based on compliance with Condition #12 and the FAA Notice Criteria Tool and FCC Towair Analysis provided by the Applicant. 14. The existing tower shall be removed after the new tower is confirmed as operational. 14- Dated this 11 day of (jut... , A.D. 2012. ATTEST: erk of the Board RFIELD BOARD OF MMISS WEBS GARFIELD UNT DO Upon motion duly made and seconded the forego following vote: COMMISSIONER CHAIR JOHN F. MAR'I IN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY adopted by the , Aye , Aye , Absent 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. 4 1111 r. MCA `A N 1114 `f1V1 R1V1I1V.1111i 1111 Reception #: 820095 OS /1 512012 03:41:58 PSI Joan Marion 5 of 6 Rea Fee:$0.0® Doe Fe :0.60 GARFIELD COUNTY CO IN WITNESS WHEREOF, T 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 5 1111 11 'EM 1 111` 'AVI `W iC11 .1WL111E 11 111 Reception #: 820095 86/15/2012 03:41:50 PM Joan flboriou 6 of 8 Rea Fee:$0.00 Doc FeS;0.00 GARFIELD COUNTY CO EXHIBIT A - SITE PLAN PROPOSED coMMtawc*rIow TOWER MTV PLAN srs w erram ttmu rotor- 4mP ti aNd _ saran ur 6