HomeMy WebLinkAbout3.0 Resolution 2011-551111 W.~:tIIM,rotll,Wtl'tIII.w~ll.r.I~J1.\oM, ~,~ 1IIII Reception": a~888t 10/04/2011 03:24:25 P« Jean Alberioo 1 of 6 Ree Fee:$0.00 000 Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO
) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the New Castle Fire Station in New Castle on, Monday, the
12'h day of September 2011, there were present: :'Jo"'h!'-nuM!!!"a"'rt"'in'-________________ , Commissioner Chaimlan ':M"i""ke":"S"am=so"'n'-________________ , Commissioner .!T"o!!m'-'J'-'a"'nk~o"-v'
-'s,.kct.y----------------, Commissioner !JAn>ill!d'-'re'-'w=-"G"'o:!lrg"'e"'y _______________ ~, County Attomey "'C"'ar"e"'y:-'G"'arugn""'o"'n _______________ , Assistant County Attorney
:':'Je"a"'n"A"'Il!!b"er"'ic""o'--________________ , Clerk of the Board "'E"d-'G"'r-"ee"'n'-___ ---,-____________ ~, County Manager when the following proceedings, among others were had
and done, to-wit: RESOLUTION NO, 2011-5"5 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR A "COMMUNICATION FACILITY" TO BE LOCATED WITIDN THE H LAZY F MINI STORAGE
FACILITY AND OPERATED BY AT&T MOBILITY, LLC. TIDS SITE IS LOCATED ON A 1.611-ACRE PROPERTY OWNED BY H LAZY F MINI STORAGE, LLC IN SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH
P,M" GARFIELD COUNTY PARCEL NO.: 2395-014-00-114 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Limited Impact Review requesting
a Land Use Change Pennit for a "Communication Facility" on a property owned by H Lazy F Mini Storage, LLC as shown in Site Plan and Elevations attached as Exhibits A and B. . B. The
subject parcel is legally described in a Deed of Trust, Reception # 739525 as recorded in the Office of the Garfield County Clerk and Recorder. C. The subject property is within the
Commercial -Limited Zone District, where such use requires a limited impact review and issuance of a Land Use Change Permit. D. The Board of County Commissioners opened a public hearing
on the 12th day of September, 2011 when the question of whether the above-described Land Use Change Permit I 10
1III WI. ~~IMN\~ nil!" 1MIl11'~r+1r~Ii'A.lr~, ~II 1IIII Receptlon~: 808881 10/04/2011 03:24:25 PM Jean ~lberico 2 of 6 Ree Fee:$0.00 Doo Fee:0.00 G~RFJELD COUNTY CO 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. E. The Board of County
Commissioners closed the public hcaring on the 12th of September, 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 of fact: 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. For the above stated and other reasons, the proposed Land Use Change Permit 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 tbe Board of County Commissioners. RESOLUTION NOW THEREFORE, BE IT RESOL YED 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. The request for a Land Usc Change Permit for a Communication Facility to be operated by AT&T Mobility, LLC on a property
owned by H Lazy F Mini Storage, LLC located in Section 1, Township 7 South, Range 89 West of the 6th P.M. in Garfield County is hereby approved witb the following conditions: 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 shall be done in accordance with all applicable Fedcral, State and Local regulations governing the operation
of this type of facility; 3. The facility shall be required to comply with the following standards: 2
a. The facility shaU be operated so that the ground 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 shaU 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 with non-reflective paint in neutral colors to reduce glare and
mitigate any visual impactq. d. Volume of sound generated shaU comply with the standards set forth in the Colorado Revised Statutes. e. All lighting associated with the property shaU
be directed inward and downward towards the interior of the property. 4. The height of the communication facility shall be 44 feet. Dated this ..3 ~ day of ~ ,A.D. 20_'_'_' ATTEST: BOARD
OF GARFIELD Upon motion duly made and seconded following vote: ",C",O-".M",MI~S",SI""O",N=E""R,-:,C""H,!:A:,:,IR"-,:"J",,O±:,H:,-,N,.,.F~. "'M"'A"'R"T.!!IN"-_______ , Aye "'C"'O-".M"'M"'I""SS"'i""O"'
N=E""R'-':M":I"'KE""='S":AM"""S"-'O""N=,..,-_________ , Aye ~C"'O-".M"'M"'I""SS~I~O"'NE~R~T~O~M~JA~N~K~O~V~S~K~YL_ ___________ ~,A~ STATE OF COLORADO ) )ss County of Garfield ) by the
I, ,County Clerk and ex-ollicio Clerk of the Board of 3
1111 MI'. ~~IMMI~liIIlliwl\olr,:~t.~r,:I~IIf~,~"~ 11111 Reception«: 808681 10/04/2011 03:24:25 PM Je~n AlberIco 4 of 6 Reo Fee:$(L00 Doa Fee:0.00 GARFIELD COUNTY CO 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 , AD. 20 __ . County
Clerk and ex-officio Clerk of the Board of County Commissioners 4
1III wr' .. ~~IIoVMWI~II'JII~1¥,oj Irijl'~~I,rr'II'~ ~ ~1~ 1IIII Reception~: 808681 10104f2011 03:24:25 PM Je~n Alberico 5 of 6 Ree F~e:$~.00 000 Fee:0.00 GARFIELD COUNTY CO Exhibit
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1III w. ~~IM.M~ 1iIIJ,1~1~ 1.w,~II.I~I~~ I'III(.~,~ 1IIII Recapt!on#: 808861 10/0412011 03:24:25 PM J~.n Rlberloo 6 of 6 Ree Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO