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HomeMy WebLinkAbout3.1 Resolution 2011-58I'" MI""'~~II'i,\MI~rHltllN l"II:',..(,~r,~,Ir,u ~I~ ./1" Recept1on#: 808929 10/05/20'f 10 :46 :56 AM Jean RJberioo 1 of 8 Ree Fee :$0 .00 000 Fe. :0 .00 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 Administrative Building, in Glenwood Springs, Colorado, on Monday, the 3rd day of October 2011, there were present: "'Jo"'hn""-'M!!!Sart"-"'in"--___ ~ ____________ , Commissioner Chairman ..,M-"i"'k"-e-"S"'am"""s"'on"-________ ___ _____ , Commissioner .T.." o"'-m...,J"'ank""'''-ov-'-'s'''k"v_ _____ ___ _ _ _ ____ , Commissioner "'C"'ar...,e<.].v....:G"'a"'g"'n"'o"'n'--___ ____________ , Assistant County Attorney "'Je"'an"'-!A-"l"'be""-!ri"'co"--___ _ _ _ ____ _ _ _ _ __ , Clerk of the Board ,E.d"'--'G"'r"'e"'enl!..........:("'a"'b"'se"-n"t)L-___ _ ______-'--__, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2011-58 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. THIS SITE IS LOCATED ON A 1,920.74-ACRE PROPERTY OWNED BY CHEVRON USA, INC. IN THE NEYoNEYo OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 97 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO : 213 7-253-00-007 Recitals A. The Board of County Corrimissioners of Garfield County, Colorado, received an application for a Limited Impact Review requesting a Land Usc 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 otT 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 Zone District, where such use requires a Limited Impact Review and issuance of a Land Use Change Permit. 1111 wr. ~:I'III'/,\IM~ rr-I~I~~I'!\r~~~11M IrI~ ~I~ 11111 Reee~tjon": 808929 10/mS/2011 10 :46 :56 AM Jean ALberico 2 of 8 Reo Fee :$0 .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 11 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. F. The Board of County Commissioners closed the public hearing on the 3rd of October, 2011 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 of fact: I. Proper notice was provided as required for the hearing before the Board of County Conunissioners. 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 NEV. NEV. of Section 35, Township 5 South, Range 97 West of the 6111 P.M. in Garfield County is hereby approved with the following 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 governing the operation ofthis type of facility; 2 1111 ~)I'oIo~:nI~I\~,liI"LI~ww.w.v.I.r,IM I~,~'~ 11111 Receptlonn : 808929 10/05/2011 10 :46 :56 AM J •• n Alberioo 3 of B Ree Fee :$0 . 00 000 Fea :0 .00 GARFIELD 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 permit 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 ofthe 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. 1"'-Dated this S--day of ~ , A.D. 20_11_. ATIEST: BOARD OF GARFIELD Upon motion duly made and seconded the for goin<Y-Rd following vote: ~C~O~M~M=I~SS=I~ON~ER~C~H=A~IR~JO~H~N~F.~M~A~R~·~rm~l--______________ ,Aye ~C~O~M~M=I~SS=I~ON~ER~M=I~K~E~S~A=M~S~O~N~~------------------,Aye ~CO~M~M~I~SS~I~ONE~R~T~O~M~J~A~N~K~OuV~S~K~Y_ _________________~ ,Aye 3 ~~lc~tf~t~1~~~~ 1W.Wr:t+IlIlrWIIiN.~I~ 11111 10/~6f2011 10 :46 :56 AM Jean Alb.rico 4 of B Reo Fee :$0 .00 000 Fee :0 .00 GARFIELD 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 arUlexed 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 1III WoI. ~~II'I,\r.tII,N'~ l.n,lPJ'Clfl~~~ I.~, ~,\\, 11111 Reception~: 808929 1 0/05/2~1 1 10:46:66 AM Jean Albarico 5 of B Ree Fa.:$0 .00 Doe Fes:0.00 GARFIELD COUNTY CO N //////1//I I ( I ////Exhibit A OET~lIL "A" NOr ro SCIIW s" I., /"<~6". m NORTIf£,\,<;TCORNEfi " ! I' !-?(i:::;; .'IECrrON3!' ~~ .:..\., ~ " <~Oo .~)"f" ()'O ,,\ \ \ \ \ ~<t~ /.... ~o ,f/~ ) q : \ \ \ \ ~~ ./,.;~ t!?'.. 4C1~ ,/"'-"""" \ \ \ \ \ \ \ ~ /~~I "'" 1'+/"\\\\\\'" /I "->< )/.6, ." \, \,& , ', ~o ' "90, ' /,\ \\\\\\~ /,> ""e " "", /\ \ \ \ \ \ \ ,\~ s.j·":~ll. It? I \ \ \ .' ',: r--:'\\ ,<g, lo~" 'c., \ .,0, /,/1 \ i&, '''>vl /) \~S/\\\\\\\<g. I~ ,,/COMMUNICATION /'is/~~.:<t. \ \ \ \ \ \ 1'£ rOWEH 3(rX 45' 00\/,«" , -, " (SEE DETM ",1 ') ( ./\ I . \ \ ) t1G~L I oiSCf'l1P1ION: . " " ./" \ ' " Sl'nJldEAO "0/111 0C1l'10Ev'"R OlN" !l".S .AP.M, IeNEC.l LANDS ( 0 \ ~/'...... "/'0' /NORTHEAST 1/4 OF SECTlON J5, niS, R97W, eth P. ~. ~_ I I "" C"r '/' FOR: ""WAlAS PRODUCTION RMT COIJ.PANY T. 0 V -c //JULY 12, 2011 f')Il$rlNG 0" I r~~'K$ 0 //I A parcel of land 8ltuoted in the northeDst I 'quarter 01 Soctlon J5 In Township:; South, (.:I ,///fl.ongfl 97 West, of th, Sidh Principal r .I I I Melidian '" Gar/ield Counly, Stohl 01 ""\ YfSru./IJ ( /Colorodo, more particularly described 0$ ,!GlA"I'ANH I follows: " UJC1WJI"I I f') "( I /Considering the nodh line Of IhfJ northfJos\ JIIN \ \ I I /q,Jorter of so;d Section ~5 a~ bearing South VIJ) \ \ I a8· t8· ~44 East and the beorings cOI'Itofned srl1JWrOlls I \ I I herein or D; ralcranced lrom, The sold line I \ I I being. monun'lcrlted with bras, caps set by \ I I the U.S. CenorQi Lond Ofr<ee in 1923, \, /I I' I I Commencing ot the no<thoo,t ccrn<:f of sold I I f Section J5, THENCE Sou th 5Y 4J' 29~ Wes t I I //I' (I distance of l J66,.;4 feet to the POINT OF /BEGINNING: I ////I THENCE Sou th .36· 4,)' 17" West 0 distonce I,J.. //of 45.00 feet: i!.' I I ///THENCE North 5Y 16' 43" West a dl,\onCfI !J //I /of JO,OO feet; § /I I ///nf(NCE North 36' 1}' 17" E05t 0 di,tonce lP"I /I /I of 45.00 feet; W /I I /I THENCE So!)th 53' 16' 43" Eosl 0 dis ton(;o //-//-/-7-//oLSO.OO lee\ \0 the POINT OF BEGINNING. ( ) 1•0 //.I ///1I 1/I /Inq above descrl'oud parcel contains l,J50 ~ * 1///I ///squcre rut, more or len end Is subjet! 10 " ~ (//'.//I /I ony eoscmcnt6, conditionS lind/or restrictions " I I ///(thot may elflf,t on or .... lIhln lis Hoes " lEXISriNG 1 Ii I J /I I //"" PIT .0/0" //I ./I SURVEYOR'S STATE ME~T '-" fl;11 I ~ ....... " \ .Jt' /~ /..,J I .I, Richard A 8ullon Jr, on agent and employee ..,. -..... \ " ~ .l'l. I I )'.././/00 behalf of DR Griffin :k Assoclotes, Inc s tatc tf-rY '\ t q' /. /////-the dcscn ptlon hereon IS 0-correGt~presentolion j , I ...... /I. 1//I //',--""'of a survey mode undtJ'l "mY_ !jY}~Or1t')'!,mmen( ; lng ,p' j--..... ........ 9700-//I I I/''/on June 21, 2011 ~<f.! -loU . ~C/~ _ ./""-.... \... ~ Y' I ///" , Y ~ l ~ , -...~><' ----J-J--'O~s . _ -.-....... -a6-g£e>--96.-.,':-:---.--,".. ./..'. ./'///" ////////)'" ~< 'l''~0 --------,//" /,( -?"JHH a699 -----:: ;Ei~-=-#1~~1P ~.8/1~!l1 .':' . J I 100 0 100 , R'~ tl \ 1f/". • • sc! FEET I '~~d NO 26647 ~ COMMUNICA.710NSTOWER RIFFIN & ASSOCIA f £:'S, INC, WlLL1itMS PRODlICTION RMT (J07}S12-4U2' 1414 ELK ST" ROCKSPRINGS, WY82901 COMPANY F=:O::;RA"''''?:'':'=' '=":::21:::-":-.'=RA;:BC=='-'T=='=SC::A::-'E~''';I":-'':';;OO::- ,':''''--I TR 41-35-597 COMMl/NlCATIONS TOWER REVISED, 8/'0111· RAB ORO JOB No. 14321 NENE, SECTION 35, T5S, R97w, 6th P.M. ADDED TOWER PAD/SHED ElfflIBIT A·1 •• 1111 MI'.Io ~:rlll'il\r.-11 ~~ 1~~~·~I..wIIl~, ~ I~II' II" I Receptionh : 608929 10/~5/2011 10 :46 :56 AM Jean Albe r ico 6 of B Reo F •• : S0 .00 Doo F88 ; 9 .00 GARFIELD COUNTY CO Exhibit B Solar Panels ' . ~ ~ ...... .. ·. ·· .1 Communication Building with Solar Panels -Elevations -::"'''i:: * * __ , .. ....... Il"",tHfI. _VAQI ..... 11HU North View WestView Communication Tower -Elevations Please note that the antennas shown extending above the tower will now be affixed to the side of the tower and will not increase the tower height above 80 feel. 1111 M\'", ~:"I~M~I~ r.w l"'I,I,~r..('IIMIIli\ IIU~ II II I Reeeptlon ~: 808929 10/05/2011 10 :46 :56 AM Jean Al b e ~loo 7 or 8 Rec Fee :$0.00 000 Fee :0 .00 GARFIELD COUNTY CO Exhibit ~ LEGAL DESCRIPTION: A PROPOSED LEASE PARCEL SITUATED ON CHEVRON U.S.A., INC. LANDS NORTHEAST Y. OF SECTION 35, T5S, R97W, 6'" 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 sa id 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 lessand ,is subject to any easements, conditions and/or restrictions that may exist on or within its lines. 1111 w. ~:fIII'I,~MlI ~1,liJII, ~~~IM,I""'~'~ II "I ReeGpticn~: 808929 10105 /2 0 11 10: 45 :56 AM JeFan A0 Ib"·'Gl ~FIELD COUNTY CO e of 9 Reo Fee :$0. 00 Doc ee:. M~ Exhibit 0 Legal Description for Parcel No. 2137-253-00-007 Section: 25, Township: 5, Range: 97; All Section: 35, Township: S, 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 #37 through #44; CCO Placer Claims #1 through #4.