HomeMy WebLinkAbout1.02 Resolution 2002-77• 1 il111111 1111 1111 11111 1131111 011 1111
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STATE OF COLORADO )
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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 6th
day of May, 2002, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Commissioner
Dqn DeFor& , County Attorney
Clerk ofthe Board
Fd Green - . County Manager
when the following proceedings, among others were had and done„ to -wit:
RESOLUTION NO. 27002 -77
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR RICHARD AND KAREN RHOADES AND NTCH COLORADO, INC.
WHEREAS, the Board of County Commissioners of Garfiekl County, Colorado, has received
application from Richard and Karen Rhoades and NTCH Colorado, Inc., concerned with a Special Use
Permit to allow for Communication Facility;
WHEREAS, the Board held a public hearing on the 6th day of May, 2002 upon the question of
whether the above-described Special Use Permit should be granted or denied, at which hearing the pubic and
interested persons were gnu the opportunity to express their opdnions regarding the issuance ofsald Special
Use Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of bet:
1. That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
2. That the hearing before the Board of County Commissions waasxrtensirna and complete, that
all pertinent facts, matters and issues were submitted and that all interested pates were beard
at that hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as
amended.
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4. For the above stated and other reasons, the proposed use is in the best interest of the health,
safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Special Use Permit be and hereby is approved to allow for a communication
facility, upon the following specific conditions:
1. All representations of the applicant made in the application and during the public hearing
shall be considered conditions of approval, unless approved otherwise by the Board of
County Commissioners.
2 The applicant shall have one year from the date of approval to construct the
communications facilities. Ifthe communication equipment becomes obsolete or
inoperable for any period of twelve months, the applicant shall remove the tower and
accessory bum from the property.
3. The applicant shall provide a copy of the FCC license for the initial company providing
telecommunication service from the site, prior to the issuance of the Special Use Permit..
Prior to the addition of any other carriers to the site, the applicant will provide a copy of
the FCC license for the company collocating on the site.
4. An exception is granted from the height restrictions based on the applicant satisfactorily
addressing the criteria in Section 5.03.13 (3)(a-c) of the Garfield County Zoning
Regulations.
5. The applicant will allow for co- location of other communications facilities on the site, if it is
physically and technically feasible.
6. The applicant provide a copy of the clearance from the FAA for the proposed tower prior to
issuance of a Special Use Pent.
7. The applicant obtain a license from the City of Rifle for the use of the access road prior to
the issuance of the Special Use Permit.
8. The powerline to the existing Rifle water tank is buried in accordance with all applicable
electrical codes, Xcel Energy requiranents and other applicable immicipal standards.
9. The Applicant procures an access license for use of the water tank roadway and conform to
the required terms and conditions therein.
10. The applicant shall maintain proper security of the City water tank site at all times during
and after construction.
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Dated this 5th day o f August
ATTEST:
I0 • of *eaoarrd
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Upon iticition duly made and seconded the foregoing Resolution was adopted by the following vote:
, A.D. 2002
GARFIELD COUNTY • BOARD OF.
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
COMMTIC, F,B. CH-M19 4nHN P _ saA PTN
COMMISSIONER WALTER A. STOWE
COMMISSIONER LARRY L. MCCOWN
STATE OF COLORADO
)ss
County of Garfield
, Aye
,Aye
, Aye
, 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 ofthe Proceeding ofthe Board ofCounty 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. 2002.
County Clerk and ex-officio Clerk of the Board of County Commissioners