HomeMy WebLinkAbout4.0 Resolution 2005-63AIM Ell 111110 11111 111 1011 MED 1111111111111
680402 08/17/2005 03:24P 61717 P858 M ALSDORF
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STATE OF COLORADO
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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 Plaza Building, in
Glenwood Springs on Monday, the 1st day of August, 2005, there were present:
John Martin
Larry McCown
Tresi Hount
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2005-63
A RESOLUTION CONCERNED WITH THE DENIAL OF A SPECIAL USE PERMIT
FOR A COMMUNICATIONS FACILITY FOR MBC GRAND BROADCASTING,
INC. ON PROPERTY OWNED BY DEE BLUE.
Parcel ID: 2393-253-00-270
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received an application for a Special Use Permit (SUP) for a "Communications Facility"
submitted by MBC Grand Broadcasting, Inc. (MBC) on behalf of the property owner,
Dee Blue (Owner); and
WHEREAS, MBC proposed to construct a 78' tall communications tower with no
guy wires, measuring 17.5" at the base and tapering to 3.75" at the tip, with a 2.75' high
by 3.75' looped and spread antenna array at the top of the proposed use.; and
WHEREAS, the subject property (the Property) contains approximately 31.37
acres, is located northeast of the Town of Carbondale in the
Agricultural/Residential/Rural Density (A/R/RD) zone district and in Study Area I of the
Comprehensive Plan of 2000, and is generally described as being in a portion of the SW
'A of Section 25, Township 7 South, Range 88 West of the 6th P.M.; and
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WHEREAS, Section 2.02.155 of the Zoning Resolution of 1978 as amended
defines a Communications Facility as "A non -inhabitable structure supporting antennas
and microwave dishes that sends and/or receives radio frequency signals, including
television and data impulses through space by means of electromagnetic waves.
Communication facilities include structures or towers, and accessory building, not
including individual/personal direct -to -home satellite services"; and
WHEREAS, Section 3.02.03 of' the Zoning Resolution of 1978 as amended
includes a Communications Facility as a SUP; and
WHEREAS, the Board of County Commissioners opened a public hearing on the
Is` day of August, 2005 upon the question of whether the above-described SUP for a
Communications Facility should be granted or denied, during which hearing the public
and interested persons were given the opportunity to express their opinions regarding the
issuance of said SUP; and
WHEREAS, the Board of County Commissioners closed the public hearing and
made a final decision on the 1s` day of August, 2005; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado that based on the determination of facts set
forth above and the substantial competent evidence produced at the aforementioned
hearings, the SUP request for a Communications Facility is denied finding that:
1. Proper publication, public notice, and posting was provided as required by law for the
hearings before the Board of County Commissioners.
2. The public hearings before Board of County Commissioners were extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings.
3. MBC, on behalf of the owner, did not present enough information that indicated
impacts to adjacent properties from the proposed Communications Facility were
sufficiently minimized and, therefore, did not conform to Sections 5.03 (3) and
5.03.13 (3)(a.) of the Zoning Resolution of 1978, as amended.
4. Because the impacts were not sufficiently minimized, it is not in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County.
Dated this 1 st day of August A.D. 2005.
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ATTEST:
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARFIEL e : NTY,
COLO
CI6rk of the Board
^.t;?v�,,,`"%' Upon motion duly made and seconded the foregoin
V
vO • ;;the following vote:
of• ' `_4
: •r .
rc E 1 ohn m
` rr) McCown
;`�'• dresf loupt
STATE OF COLORADO )
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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. 2005
County Clerk and ex -officio Clerk of the Board of County Commissioners