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HomeMy WebLinkAbout3.0 Resolution 2011-561III N/r'rIo ~:I)II~',MI~ r¥lt 11'i',1'r.~r,I!w,~~ ~~,~I" 11111 I Reception*': 808882 10/04/2011 03 :24 :25 PM JQan Alberico 1 or 8 Ree Fee :$0 .00 Doc Fee:0 .G0 GARFIELD 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 Administmtive Building, in Glenwood Springs, Colorado, on Monday, the 3rd day of October 2011, there were present: "'Jo"'hnc!!!..<M=art=in"-________________ , Commissioner Chairman "'M""'i..,ke"--"'S ""am=so"'n"-______ --,-______ ---'_~, Commissioner .T."." o!'-m'-'J"'a"'n"'ko>Cv'-'s"'kv~ _______________ ', Commissioner "C"'a'-'re~y--'G"'.a. g n=o"'n~ ___ '_ ____ _ _ ____ _ , Assistant County Attorney "'Je""a"'n..!.A.. I." 'be..,r..,ic""o _______________, Clerk of the Board "'E"'d..,G""r""ee"'n"---'("'a"'bs"'e"'n"'t)'--_ _ ___________ , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2011-sf, A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR A "COMMUNICATION FACILITY" TO BE OPERATED BY WILLIAMS PRODUCTION RMT COMPANY; LLC. TIDS SITE IS LOCATED ON A 1,920.74-ACRE PROPERTY OWNED BY CHEVRON USA, INC. IN THE NEY.NEY. OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 97 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO.: 2137-253-00-007 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Limited Impact Review requesting a Land Use Change Permit for a "Communication Facility" on a property owned by Chevron USA, Inc. as shown in Site Plan and Elevations attached as Exhibits A and B. B. The .03-acre subject site is located off of the Garden Gulch Extension Road, approximately 12 miles northwest of the Town of Parachute and within property owned by Chevron USA. Inc. and described in the attached Exhibit C. C. The .03-acre site is described in the application documents and located within the parcel described in the attached Exhibit D and incorporated by this reference; D. The subject property is within the Resource Lands -Plateau zOn~ District, where such use requires a Limited Impact Review and issuance of a Land Use Change Permit. 1III Wolo~:rlll~I,M~ MIW Il\rlJWl'!\i'l~a IIIU"1 11111 Re~.ption": 808882 10/04/2011 03 :24 :25 PM Jean Rlber ico 2 of 8 Ree Fee :S0 .00 Doc Fee :0 .00 GARFIELD COUNTY CO E. The Board of County Commissioners opened a public hearing on the 3rd day of October, 20 II when the question of whether the above-described Land Use Change Pennit 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 ]>ermit. F. The Board of County Commissioners closed the public hearing on the 3rd of October, 20 II to make a decision regarding the request. G. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations off act: I. 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 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. The request for a Land Use Change Permit for a Communication Facility to be operated by Williams Production RMT Company, LLC on a property owned by Chevron USA, Inc. located in the NEll, NEll, of Section 35, Township 5 South, Range 97 West of the 6th PM. in Garfield County is hereby approved with the following conditions: l. 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 governing the operation ofthis type of facility; 2 1111 W,j,~:nII~,Mij,~,I~~~to+li,l.pf(I"'J1.IIlI,,~"I.1111 Reception" : 808882 10/04/2011 03 :24 :25 PM Jean Alberioo 3 of 8 Reo Fee :$0 .00 000 Fee :0 .00 GARF IELD COUNTY CO 3. The facility shall be required to comply with the following standards: a. The facility shall 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 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 penn it shall be painted with 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 in the Colorado Revised Statutes. e. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 4. The installation of the communication building shall meet all International Building Code and International Fire Code 2009 requirements. Equipment shall also meet manufacturer's listed installation requirements . ..too/Dated this ~ day of ~~:--_. ,A.D. 20~. --ATTEST: TTY-B0ARD OF--GARFIELD erk of the Board Upon motion duly made and seconded the fore oing R so following vote: ""C""O"",MM"-"-,I"""SS""I""O",N,...E",R,-,C""HA~IR..."..J "",O~HN,,"-,--,F,-,-.-,,MA-,,-,,R,,,",T,-,IN.!..!.... _______ ~, Aye ~CO=MMI~=S~S~IO=NE~R~MU~KE~~SAM~~SO=N==~ _____________ , Aye ""CO~M~MI~S~S~IO~N~E~R~TO~M~J~A~N~K~O~V~SK~Y~· ________________ ~,Aye 3 1III W*~~II~IIDIIUN~I~,I'~rJI~I.r.lnl!l~ ~I~ 1IIII Rec.ption": 808882 10/04/2011 03:24:25 ~ Jean Alb.rico 4 of e Rao Fee :$0 .00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 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 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4 I'" ~010 '~,I\,\'.IV~rt~ ~ IWlI:W~~'~~',U1 .,," ~ Reception*' : 808882 10/04/2011 03 :24 :26 PM Je.n Alberico 5 of 8 Ree Fee :$0 .00 Doc Fee:0.00 GARFIELD COUN1Y CO , \ \ I N Exhibit A DETAIL "A~ NOTTOSCALE S SJ. 'e. TONOR1Hf;ASTCORNER J'o Y,J SECTlO.YS5 >. ·00· '" O,?r "\ \ \ \ ~ /' »~ ~ . \ \\ \ 1l'~ "0" '" /-~" \ \ \\\\\ .. ~ 6.{1 \\\\\\\\\ ,,~,,' /, " \\\\1,,, .,'/111\1 \\ ",'"~ /\ \ \~,; "II1&. /, U,,;. \ \ \ \ I I~~ , COMMUNICATION I, ~ 1.-' \ \ \ \ \ \ \ rOWER3IJ'X«6' ~ " (SEEDETAfL ~A·) I I' \ I I '~Gklo&AlPllON: , I " PROP05£O LEASt PARCEL ..... \ J SI~ATE~ ON r;:HEVRQW U,S.A., INC. LA~S \ ",. I NORTHEAST 1/4 OF SECTION. J5. l~S , R97W, 6th P,M. <1(19 ' /I II' fOR: WlWA/oIS JPJlRYb-ofu2c;T iO20N1 1 RUT ca.iP,oI,NY /I I A porcel 01 la"d $\t ... \lled In Ihe MrtItI:O'\ /I I'quQi· or Section ~ 1n To"".lIp 5 5oIJttI. Range 97 West. of the 5il1th PrlnclpG' /I I Merldion In Garfield County. Stole of , ( I CoI,oralio, more pcwt/I:lllorly dc~ 03 • I",. "~"~1iI'1 I foUowt: " 1~1lOI# /Na '" < I I Conslderhoi tn. ,north line of tho ngr\h.od (jJ 11'5 \ ~ I , ff..c:wtfJ;-of said ~t!on .J5 lUI bcorlng South VI \ \ I ee' Ie' J4-Eost Gr\d' lt1e be.C!,in!)S CQrltolnOd ~1ttrtlR~ I \ \ I I harcln IIrc rcfe,enced frOm. The SQld line' I I I "··t mOlllMl"\cllted .... lIh _brOts cOP' set by \ I I the ,s. Gcnorol Lon<! Office In '92J. \, I I I' J I Commencing ot the northeast CO(IIet" of sold I /I I Seelion 3S, THENCE South 53' 4.]' 29" West I /I I p dbtollte of 1366.H feet to the POIJo(T Of /I .ftClNNfNG; /////I /lHENCE South .]6' 4J' 17-Wn t II di,tonc. {'J. /0' 45.00 f,",t: 4! /I ///THENCE NOtth 53' 16' 4J-Willi 0 distance ~.., ///I I 01 JD-OO felll: ~ /I I //llfEN.CE Nctlh 038' oil' 17-Eost G dstoncQ '.t, ///I I 01 45.00 fut; III ////"tHENCE South .53' 16' .43-Eost G dlriOl1c. ----II I I /77-1-/01 30,00 feel to the PONT-or BEGINNING. '/1 /1/I ///III Thill lIbov. dl"crlbad pGred contoln, ',.].!50 '1///I I Isquor. I.et, more Of" 1~5S o .... d I.!: sub,lllct tc (/I /./////I gn~ 'OIQlTlllllt., cot'1tfitior1s OlId/or rntl'ittlons I //ItMt may exbt on Ot within Its Illlts '6 /1/,//" " '//./II/SURVEYOR'S STATEMENT ';" "l " /.////'....//on I . Gnffin &. " {jll//'" ';t ...... \ I ///.t. Richerd A. Bullen :X-' 1m ~~~~~f~~~~l~~ I ;fY. "\ l /. ////,-the I ,. , I ..... //. //1///,-,..O( II . -"""--rt-" ,,-_~916&--.//II/I //' , on June .... _ y ~ ...... ~~ -~/./////'/.... -...BiaS --_ .::e~_ --:. _ -:.-::.; //~ I /.,.9 --__ --:-,:;;; _ ~1'" #:# _~".-....,e.,lO '00 .0 '00 • •• I SCALE FEET :::'lflIFI"IN& ASSOCIA res. INC. W(82901 WILLIdMS PRODlfCTION RMT COMPANY TR 41-35·597 COMMllNICA.710NS roWER NENE, SECTION 35, T5S, R.97w, ~tIJ PaM. I'" W.~:'"/li~',"\~L~ 'wP(~r,,~,~~ IIII~,~'~ II "' Receptionn: 808882 10/04 /201 1 03 :24 :26 PM Jean Al berico 6 of 8 Reo Fee :$0 .00 000 Fee :0 .00 GARFIELD COUNTY CO Exhibit B Solar Panels ,' .. , ~~ .. , Communication Building with Solar Panels -Elevations ---"","'---•• -::..~ •• _&/«Ir_1I N_ _1'06I_U ~ +.------"'. ,---_YAGlMI_ ,~-... mn_ ... _ VIoOI __ _ __ I --"". 1;: North View West View Communication Tower -Elevations • • Please note that the antennas shown extending above the tower will now be affixed to the side of the tower and wi ll not increase tile tower height above 80 feet. 1111 ~. ~:t)li~I,MI~ D\o,lI,I+IlLI.r,~I"'IM.lfJ~~I~ 11111 . Re c ept1an# : 808882 10/04/201 1 03:24 :26 PM JeFan "01b0·0r Gl~RFIELO COUNTY CO 7 of B R90 Fee :$0 . 00 Doc 8a:, M Exhibit C LEGAL DESCRIPTION: A PROPOSED LEASE PARCEL SITUATED ON CHEVRON U.S.A., INC. LANDS NORTHEAST Yo OF SECTION 35, T5S, R97W, 6th P.M. FOR: WILLIAMS PRODUCTION RMT COMPANY JULY 12, 2011 A parcel of land situated in the northeast quarter of Section 35 in Township 5 South, Range 97 West, of the Sixth Principal Meridian in Garfield County, State of Colorado, more particularly described as follows: Considering the north line of the northeast quarter of said Section 35 as bearing South 88· 18' 34" East and the bearings contained herein are referenced from. The said line being monumented with brass caps set by the U.S. General Land Office in 1923. Commencing as the northeast corner of said Section 35, THENCE South 53· 43' 29" West a distance of 1366.44 feet to the POINT OF BEGINNING; THENCE South 36· 43' 17" West a distance of 45.00 feet; THENCE North 53· 16' 43" West a distance of 30.00 feet; THENCE North 36· 43' 17" East a distance of 45.00 feet; THENCE South 53· 16' 43" East a distance of 30.00 feet to the POINT OF BEGINNING. The above described parcel contains 1,350 square feet, more or less and Is subject to any easements, conditions and/or restrictions that may exist on or within its lines. 1111 MI" .. ~:fIII~"MJII~,ltN IIrrw,Iftrr:IIM,~U~ 11111 Reception" : 808882 . 10/04J2011 03·24 ·25 p~ Jean Aiberioo 8 of e Reo Fee :$0 .00 000 Fe. :0.00 G~RFtELO COUNT V CO Exhibit 0 Legal Description for Parcel No. 2137-253-00-007 Section: 25, Township: 5, Range: 97; All Section: 35, Township: 5, Range: 97; N2, N2S2, Lot 1 (41.67 AC), Lot 2 (41.55 AC), Lot 3 (41.45 AC), Lot 4 (41.33 AC); Section: 36, Township: 5, Range: 97, TR 37 (634.74 AC) aka Triumph Placer Claims n37 through 1144; CCO-Placer Claims #1 through 114.