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Home My WebLink About3.0 Director's DeterminationFebruary 21, 2014 Atlas Tower USA LLC 4450 Arapahoe Ave. Suite 100 Boulder, CO 80303 ATIN: Ken Bradtke Gar.field County Community Development I 08 8th Street. Suite 40 I . Glenwood Springs. CO 8 160 I Office: 970-945-82 12 Fax: 970 -384-3470 RE: DIRECTOR'S DECISION -Amended Land Use Change Permit Ertl -Atlas Tower Rifle -Rulison Telecommunication Facility (File No. LPAA-7812) Dear Ken: This Director's Decision Jetter is provided to you as the owner's representative for the Jann Ertl and Atlas Tower USA LLC application for an amendment to the Limited Impact Review Land Use Change Permit issued for a Communication Facility pursuant to Resolution No. 2013-55 on property known by Assessor's Parcel No. 2175-241-00-032. The original Application was File No. LIPA-7339 . The Application for an amendment requests allowance to use a different utility alignment to serve the proposed telecommunication tower. Your Application has been reviewed in accordance with the Land Use and Development Code, Section 4-106 "Amendments to an Approved Land Use Change Permit". The provisions of this Section provide for a Decision by the Director of the Community Development Department as to whether the proposed amendment is a Minor Modification or Substantial Modification. Your Application requests a determination that the proposed amendment is a Minor Modification. Based on the criteria found in Section 4-106(C), the Director has found your amendment request to be a Minor Modification and has approved your requested amendment subject to the following conditions: 1. That all representations of the Applicant contained in the Amendment Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. That the Applicant shall keep in place all easements for the amended utility alignment consistent with the documents provided in the amendment application . A copy of the modified utility alignment is attached . I 3. The Applicant shall re-vegetate and control weeds in disturbed areas in compliance with the previous approv~ls, the Garfield County Noxious Weed Management Plan and Colorado Noxious Weed Act. 4. All previous conditions of approval contained in Resolution No. 2013-55 shall remain in effect (see attached). In accordance with Section 4-106(8)(1)(a) and this Director's Decision Letter, an Amended Land Use Change Permit will be issued by the Director of the Community Development Department. Sincerely, Fred Jarman, Al Director of Garfiel County Community Development Department 2 .. N/F JdNN B'RT.L PARC8L I: IU76-Ut-DO-O~ RJ/CHPTION I: 706768 EXISTING Er M>E ACCESS .ROAD TO BE U11UZED BY ATLAS.-·--. SB t/4 NB 1/4 JANNER'Il. (PROPRRTY) ·1 ROY ·AND RBO.NDA I COOMBS (fROPER.Til) I I i i !! 1. : • • "' " .... .. .. I ' Section 19 Township 6 South Range 93 West of the 6th P .M. Job Name; TAUGHENBAUGH MESA ATLAS TOWER Holy Cross Energy NOT TO SCALE Glenwood Springs , Colorado F~W"5 Date 11-5-13 ! i s NEW HOLY CROSS BJQ:RGY OVER.HEAD POWER LINE EXJSTJNG HOLY CRO~ ENERGY OVERHEAD POWER LINE GARFIELD County W/0#: 21909 EXHIBIT A STATEOFCOLORADO ) )sS County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioqers' Meeting Room. Garfield County Administration Building in Glenwood Springson Monday. the Sdt of August AD. 201), dtere were present: ::::..;:Jo=hn==M=arti=·n.__ __________ __,~ Commissioner Chairman ~M~iJrewuSa~m~so~n~-------___;:.....-_ __..Commissioner .... Io=m=Jank=o=.....Js'""'k""'y,__ _________ ..__.. Commissioner .... An=me=· .... w........,Oo .. m.......,y,.__ _________ ___.. County Manager ,..Fpm=lc ..... H ........ utfl=~=-------------'' ColDlty Attorney ..... Jean.........,AJ........._be ..... ri .... co ___________ • Clerk of the Board when the following proceedings, among others were bad and done. to-wit: RESOLVTIONNO. dOl.3-5!) A iillSOLL'TK;N GF. l.ri!ROV AL FOR A LAND USE CHANGE PERMIT FOR A COMMUN!CAT!CN f .4-.C!LITV, ON 120A9 ACRE PROPERTY OWNED BY JANN ERTL LOCATED 0 ,1:'1:' OFCOlJ1U-:-::1 ..,·-Ku~,;,.:;, :u:ll= ~!i;-:;;,--.;~ -:-..: ;::--~·--.::,:;;.:::::: :-.. ;.:!'H::ir.! ~r J,& li ....,, __ ,i.;.:..----·-----····----_..,,_ .... ..,. D.& MGE ,, .. WEST o·rr Tai;° .::,T H p !l.a i'.!~o ;;nr; ~ rnrITo;,"'T'Y ftlll.l"' • r au..... • ...... _.., __ ,. .. ____ ----·-- PARCEL NO# 2175-241-00..032 A. The Board of County Commissioncm of Oarficld County, Colorado, (Board) received a request for a J ~ Use Change Permit to allow fur Comm1micatinn Facility as further described in Exhibits A. 8, and C, SITE PLAN, SUBJECT SfiR AND ELEVATION. B. Tu.: Rifl ~RuliStl11 Comm unication Tower is located within a 120.49 acre parcel of land owned hy Jzinn E..-tl . The own~rsh ip of this property is descnl>ed in a Warranty Deed found at Reception Number 705758 in the m:onfs of the Garfield County Clerk and Rec:oaler~ C. The subject property is localed within unincorporated Oadield 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. I ftCUept. .. Vttft • ~V't' 0910312813 03:23,09 l'i. JeN\ Rlberico 2 of 8 R'ec F .. :so.oo Doc Fee:0.00 GMFlELD cotMY co E. The Board is authom.ed t9 approve, deny, or approve with conditions a Limited Impact application resulting in iswance of a Land Use Change Pennit pursuant to 1he Unified Land Use Resolution of 2008, as amended. F. The Board of Cotmty Commmioners opened a public hearing on the 5th day of August, 2013 for consideration of whether the proposed Land Use Change Pennit should be granted or denied, dming which hearing the public 8J1d interested persons were given the opportlmity to express their opinions reganting the iequest. · · H. The Board of County Commissioners closed the public hearing on the Slh day of Augus~ 2013 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned bearing, has made the following determinations of filct: 1. That the proper public notice was provided as requin:d for the hearing befme the Board of County Commissioners.. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent fi1cts. matters and issues were sabmitted or could be submitted and that all iratauted parties were heard at that meeting. 3. That for the above stated and other teasons 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 . S. That with the adoption of conditions. the application has adequarely met the requirements of the Garfield County Unified Land Use Resolution of 2008, as the same bad been amended at the time the application was deemed by the Community Development Depmboent to be technically complete. 6. The following \\'Siver requests have satisfied the .review criteria as identified in .~-ticle VII, in the introduction paragraph above Division 1 and are hereby grant¢: a. Road standards contained in Section 7-307 . b. Screening will not be required mxler Sections 7-JOS and 7·823 (H) (I). 2 -•1t1t• ••••11••••• "n•••• •••---.... ·-·· --·-"1tac!9Ucinlt: 848214 OSl/0312013 03:23,09 "" ,,..,, Alti.1'100 3 of 8 Rec F119 ,SO 00 Ooo F11e :O at GARFIELD COlMY CO RESOLUTION NOW THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Oadield County, Colorado, that! A. The forgoing Recitals are incorporated by this ieference as part of the resolution. B. The Land Use Change Perinit for Communication Facility related to the Rifle-Rulison Communication Tower is hereby approved subject to compliance with lbe following conditions: 1. That all representations made by the Applicant in the application. and at the public hearing before· the Boarq of County Commissioners. sha_II be conditions of approval, mtless specifically altered by the Board of County Commissioners. 2. The operation of the &cility shall be in accordance with all applicable Federal, S~ and local regulations govemiJJg the operation of this type offilcility. 3. The facility sbaJI be required to ·comply with the fullowing standards: a. The f8ci1ity shall be operated so that the ground vibration inherently and recuirently 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 h• glare, radiation. dust or fmnes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or h87.8rd. c. All equipment and struct1ires associated with this permit shall be painted with non- reflective paint in oeutraJ colors to reduce glare and mitiga&e any visual impacts. d Volume of sound generated shall comply with the standards set forth in the Colorado R.cmsed S1atutes. e. AU 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 submit the following to the Community Development Department: a. Revised Site Plan {Sheet Cl-8) that giaphically shows and labels all utilities on the subject property; 3 b. Revised Driveway Details (Sheet C-6) lhat 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 App1icant shall obtain a Driveway Permit from the County~ and Bridge Department. 6. The Applicant shall treat the Russian knapweed OD and along lhe access road with an appropriate herbicide within the timefiame of mid-September to mid-Odober 2013. Documentation verifying that this weed bas been f!eated shall be submitted to the Community Development Department by the end of October 2013. The effects of the treated lrnapweed on livestock on the property should be~ ATfEST: Upon motion duly made and seconded the following vote: opted by the ~C---.OMMI ______ s __ s ___ 10 .... N .... ER ......... CH.........,A ...... IR ......... JO .... HN .......... F"-". __ MAR.........,"""TIN--..... ______ _,, Aye =C=O=MMISS==:;a.;IO_N~ER=-=-=M=IKE==-=-S~AMSQ ...... ~N~~-----~----7·Aye .... co=MMIS==S=IO=N .... E=R.;:..T.::..;O=M=.z;.::JAN~~:.&O:..V.:..::S=KY:..:... _________ , Aye STATE OF COLORADO ) )ss County of Garfield ) 4 1Cecep&1on1J: -.-'" 8910312013 03 ,23 ,09 Fii J~ Alberloo s er e R'llC Fee -SO .DO Dae F•:O DO GARFIELD CUll'ITY co ~ County Clerk and ex-officio Clerk of the Board of County Commissioners. in and for the County and Stale 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 Cowity, at Glenwood Springs, this_ day of A.O. 20 __ . County Clerk and ex-officio Cleric of the Board of County Commissioners 5 9 • $ • i i ,~ I Kec:t!P.~Jan~; ~ 891D3t20t3 03:23:09 PPI JOU\ ~lbarico 7 or B Rec Fee :S9 00 Dae Fee:O 00 IOAAFIELD COi.m' CO Exhibit B-Subject Site ' 7 Rei:ept.ion#: 8411H4 09/GB/2013 0): 23: 09 Pl'I Jean Rltler l co ,.,. a of 8 lleo F .. ,$0.00 Oac Fee·O 00 GMFIELD COUNTY ..., Exhibit C -Elevation TCM!ft NOYES: .. ---·---.. -.-==.·----·---... J. ______ .,... ,_., _ _...,.. ~----.. ::a.'U:L-::.---- ? ~SllWUU& ; ~~ .. ~ -~; ~ r 6 ~ · ~ -o· ·o _/w!U•• -a• m 8