The URL can be used to link to this page

Home My WebLink About3.0 Resolution 2012-421III MI".l.I'l'I~~MI~~',~ 1Ir.~I~"'Hl+1l, ~I~ 11111 ReQeptionn: 819605 06/00/201210:21:00 AM Jean Alberico 1 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARF1ELD 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 7th of May A.D. 2012, there were present: ",Jo::h:"n,-,M7"'art",i",n~ __________ " Commissioner Chairman =M""i"'ke7Sa"'m"'s""0"'n'-__________ " Commissioner "'T-"om.....,J"'a"'n.k. ou v-"'sk""vL-_________" Commissioner '-'An=dr"'e"'w'-'G"'o"'r"'g"'-evl--________ ~, County Attorney, Acting-County Manager ."C"'ar.,e"'v,.,G""a".g. n..o "'n"-__________" Assistant County Attorney "'Je""an"-'.!.A"I""be"'r...,ic"'o __________ " Clerk of the Board when the foHowing proceedings, among others were had and done, to-wit: RESOLUTION NO. ,;{DI;),-t.f;? A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A "COMMUNICATION FACILITY", ON A 132 ACRE PROPERTY OWNED BY CLOUGH SHEEP COMPANY, LLC LOCATED 1.4 MILES SOUTHWEST OF RIFLE, COLORADO IN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2175-221-00-140 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for "Communication Facility" as further described in Exhibit A, Site Plan. B. The West Rifle Communication Tower is located within a 132 acre parcel of land owned by Clough Sheep Company, LLC. The ownership of this property is described in a Deed of Distribution By Personal Representative found at Reception Number 734550 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in Rural zone district, 1.4 miles southwest of the Rifle, Colorado. D. "Communication Facility" may be permitted in the Rural zone district with LimIted Impact Review. 1III fll'oIo l'l'II¥~M~ 1"r1~I~j l,r~~ltlrl+lt:l,~ I~I" 11111 Reception": 819605 06/05/2012 10:21:00 A~ Jean Alberico 2 of 6 Ree Fee:$0.00 000 Fee:0.00 GARFIELD COUNTY CO E. The Board is authorized to approve, deny or approve with conditions a Limited Impact 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 7th 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. H. The Board of County Commissioners closed the public hearing on the 7th day of May, 2012 to make a final decision. 1. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations off act: I. That proper public 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 meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for "Communication Facility" related to West Rifle Communication Tower located 1.4 miles southwest of Rifle, Colorado on 132 acres and within the Rural zone district is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, with the adoption of conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 6. The following waiver from Section 7-823 (H) Landscaping and Screening contained in the ULUR has been granted and determined as appropriate for the health, safety, and welfare of the future residents and the general public: a. Landscaping and Screening: • Landscaping is not necessary for the proposed communication facility due to its' remote location. The application will meet the requirements of the ULUR upon compliance of the conditions adopted by the Board of County Commissioners. 2 .1II1\I".l.1'1'1~~M1~ IfilL 1"'"I,rtw.Itfi:HIaIii,~I" 1IIII Recept1on#: 819605 06/05/2012 10:21:00 AM Jean Alberioo 3 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 Land Use Change Permit for "Communication Facility" related to West Rifle Communication Tower is hereby approved subject to compliance with 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 federal, state and local regulations governing the operation of this type of facility; 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 nonreflective 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. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain a State Highway Access Permit from Colorado Department of Transportation. All conditions of the access permit shall be conditions ofthis permit. 5. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide staff with an approval letter from the FAA or provide to staff for review and approval a letter from a qualified telecommunication engineer stating why a FAA Form 7460-1 is not required. 3 1111 Ml"oIo l'l'I~~JIfJ' ~!&'I'" Jrlrf,1.fl'I'I'(,H~~'\\, 11111 Reeeption#: 819605 06/05/201210:21:00 AM Jean Rlberioo 4 of 6 Rao Fee:$0.00 000 F •• :0.00 GARFIELD COUNTY CO 6. Prior to the issuance of a Land Use Change Pennit, the Applicant shall provide staff with additional infonnation from a qualified telecommunication engineer addressing compliance with the Federal Communication Act of 1996. 7. The Applicant shall comply with all applicable standards of the Federal Telecommunication Act of 1996 and all applicable requirements of the FAA. 8. Prior to the issuance of a Land Use Change pennit, the Applicant shall revise the Site Plan to include an underground telecommunication line and its' easement that is to be located from the communication facility to the existing telephone pedestal north of the subject site. 9. The height of the communication facility shall be up to 69 feet tall. 10. Prior to the approval of a Land Use Change Permit, the Applicant shall provide County staff documentation of an easement for the telecommunication line and graphically show it on the Site Plan. 11. Prior to construction, the Applicant shall obtain a Colorado Department of Public Health Stonnwater Discharge Permit and a copy shall be .submitted to the Garfield County Building and Planning Department. Dated this 4 'f:1, day of __~~ =="""''''----_____, A.D. 20 I L.. ATTEST: BOARD OF GARFIELD Upon motion duly made and seconded the foregoing Resolutiom-wa<~d(opted by the following vote: ""C""O,""MM..,..I",SS "-'I"o-O....,N""ER':"-:"C":'HA~IR"'-"-'JO""HN,.....,,"-'F. C'-MAR"""''''.'T.. I.N '-'----_______, Ayc ""C""O,""MM..,..I",SS",I""O..,NE=<R~.M. I.K """,E-",S,",A..,.M",S""O..,N,--__________, Aye ""C""O",MM..,..I""SS ",I""O.uNE=t.R""--"T-",O",-M,-,J",-AN~K""O,-,V,-,S",K,-,,Y _________, Aye 4 1III MI",I'~'I~~r&I~ r-'UJ,MI~Ir,r.:~lrWWWlU" 11111 Reception~: 819605 06/05/201210:21:00 AM Jean ~lberico 6 of 6 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 5 1III wr .. I'l'II¥~M'~IIM ~~ 11rP1'I:~~I~Ift'lI"~ ~I" 1IIII Reception": 819605 06/05/201210:21:00 AM Jean Alberioo 6 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A -Site Plan 6