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Home My WebLink About5.0 Resolution 2013-551111 ~'1'~.i. t'1'1~'ll,Hl:at!U 111'11.l-lf.1'11(1"'~"/Cl•ll'·~"' 11111 Reee~tion~: 840204 . 09/03/2013 03·23.09 PM Jean ~lber1co 1 of 8 Rec Fee $0 00 Doc Fee.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 Administration Building in Glenwood Springs on Monday, the 5th of August A.D. 2013, there were present: John Martin , Commissioner Chairman ~~~~~------------- =M=i =k e~S am=,.,s o'"'n.__ ____________ , Commissioner ~T=om~J~a=nk=o~v='s=kv~------------' Commissioner ~A"'n,,dr,_,.e""w._G=or,_.g,,,e.J-y ____________ , County Manager ~Fr=ank=~H=u=tfl=e=s=s _____________ , County Attorney J=e=an~A=l=be=r=ic=o'--------------' Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. ,;lo 1.3-5!5 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A COMMUNICATION FACILITY, ON 120.49 ACRE PROPERTY OWNED BY JANN ERTL LOCATED OFF OF COUNTY ROAD 321, SECTION 24, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6rn P.M., GARFIELD COUNTY PARCEL NO# 2175-241-00-032 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 Exhibits A, B, and C, SITE PLAN, SUBJECT SITE, AND ELEV A TION. B. The Rifle-Rulison Communication Tower is located within a 120.49 acre parcel of land owned by Jann Ertl. The ownership of this property is described in a Warranty Deed found at Reception Number 705758 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in Rural zone district and is south and southwest of the City of Rifle. D. Communication Facility may be permitted in the Rural zone district with Limited Impact Review. · . 1111 W.i. t·~,11•"11,~'r/111~1!'~ ~ro:1fl~liir.llP1'Cl'1U ~,~ 11111 Receptiontt: 840204 0910312013 03 23 09 PM Jean Alberico 2 of 8 Rec Fee $0 00 Doc Fee:O 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 of2008, as amended. F. The Board of County Commissioners opened a public hearing on the 5th day of August, 2013 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 5th day of August, 2013 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: I. That the proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be 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 a Communication Facility 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. 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 the same had been amended at the time the application was deemed by the Community Development Department to be technically complete. 6. The following waiver requests have satisfied the review criteria as identified in Article VII, in the introduction paragraph above Division I and are hereby granted: a. Road standards contained in Section 7-307. b. Screening will not be required under Sections 7-305 and 7-823 (H) (I). 2 1111 ~i~. rii1~,·11.~)l,11tr1 L ~~11,1rt~~~,~~+ri:M1~1ir,'1, ~"~ 11111 ReeeptlonH: 840204 09/0312013 03:23.09 PM Jean Rlberico 3 of 8 Rec Fee:$0 00 Doc Fee:O 00 G~RFIELD COUNTY CO 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 Land Use Change Penni! for Communication Facility related to the Rifle-Rulison Communication Tower is hereby approved subject to compliance 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 the facility shall be 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 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. Prior to the issuance of a Land Use Change Penni!, the Applicant shall submit the following to the Community Development Department: a. Revised Site Plan (Sheet Cl-B) that graphically shows and labels all utilities on the subject property: 3 1111 ~'1'~.i.1'ii1~1 'il,"'11ri11,r.,1,1ir"~ ,~oU1~rw1+ri:N.·:-:'~~'~"~ 11111 Reception#: 840204 09103/2013 03:23 09 PM Je~n Alberico 4 of 8 Rec Fee·$0 00 Doc Fee 0.00 GARFIELD COUNTY CO b. Revised Driveway Details (Sheet C-6) that labels the dimensions on all the sections on this sheet; and, c. Seed mix to be used for site reclamation. This list shall identify the cominon and scienti fie names of the plant species. 5. Prior to construction of the communication facility, the Applicant shall obtain a Driveway Permit from the County Road and Bridge Department. 6. The Applicant shall treat the Russian knapweed on and along the access road with an appropriate herbicide within the timeframe of mid-September to mid-October 2013. Documentation verifying that this weed has been treated shall be submitted to the Community Development Department by the end of October 2013. 1be effects of the treated knapweed on livestock on the property should be considered. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO RAD Upon motion duly made and seconded the for following vote: aopted by the =C~O=M=M~I=S=SI=O~N=E=R~C=H=A=l=R~JO=H=N~F=.M~A=R~T=IN~~~~~~~~•Aye ~C=O=M=M=I=S=S=IO=N~E=R~M=IK~E=S=A=M=S=O=N~~~~~~~~~~~-'Aye =C=O=M=M=I=S=SI=O=N~E=R=T=O=M~J=A~N=K=O~V~S=K=Y~~~~~~~~~~·Aye STATEOFCOLORADO ) )ss County of Garfield ) 4 1111 ~'1'•'.i. t'1i1l~ll.M~~· .IW lm'~~lr!i1~1~~:1¥~~lrP.~11 & 11111 Recepticn~: 840204 09!0312013 03·23.09 PM Jean Alberico 5 of 8 Rec Fee $0 00 Doc Fee:O 00 GARFIELD COUNTY CO 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.O. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 5 9 I OJ J.lNnOJ Ql3LH::1tm 00·0-.. a.;1 :>oa oo oS ae.:'.I ::Ja8 B o10 g 0:>1~aq1~ uear Wd sa-£z=Eo e~OZ/£0/60 ~0Z0V9 :~uor1da~ali 11111 ~"~ i1 ~ll1 'ftl:.rf-IJl¥l!lilll '~"I' l1 ll ~~'11.ill\'l!A "'·~~ 1111 .1111 Wli'.i.l'~1l11 il,~!,~\ ~"'1~1i+r~,·~~l'lillfl+.'L~11 1 II Ill Reeepticn": 840204 0910312013 03 23:09 PM Jean .l"llber1co 7 of 8 Rec Fee·$0 00 Doc Fee.O 00 GARFIELD COUNTY CO Exhibit B -Subject Site \ \ .• k I I i _r,-· .. ------- ' ~ I ~ \ \ \ \ \ \ " \ ,,, " \ \ \ ' ; ~ ' ; Q , I I z_. •• 5a ...... ~ -: :: ~ ~ ~I!! ~ <J ~ r; ::: " I \ .... ---. ....... ~=~""-""=""' >1 .. ~ <? 0 • • i 7 · 1111 ~1·.i.t'i,1l/lil,NIAl"1~llii'i,~ll~tilll:l~ll:l'llf,l°''l ,~11 111111 Rec:eption»: 840204 · 09103/2013 03.23·09 PM Jean Rlber1co 8 of 8 Rec Fee $0 00 Doc Fee·O 00 GARFIELD COUNTY CO Exhibit C -Elevation TOWER NOTES: I. 10ID lO IEIMI A CAl.VAllZO CO.Oii. z. 1':M!Jf !JVitL ti: ut (111.y F 111:QIMQI ev Mt rtmM. ........ -..s11U.1Qrl. 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