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HomeMy WebLinkAbout4.0 Resolution 2007-661111 FL11,171l'1Ali.141C46111 11111 Reception#: 730276 08106!2007 10:29:00 AM Jean Alberico 1 of 3 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO • STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 2nd day of July A.D. 2007, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Jean Alberico Ed Green (Absent) , 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. 2 0 0 7- 6 6 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A COMMUNICATION FACILITY OPERATED BY SPRINT NEXTEL LOCATED ON A PROPERTY OWNED BY POW INC, GARFIELD COUNTY PARCEL NO# 218503300034 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from POW Inc. for a Special Use Permit ("SUP") to allow a Communication Facility (Un -Manned Tower) on their property within the Agricultural Industrial zone district; and WHEREAS, the Board held a public hearing on the 2nd day of July, 2007, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 3 1111frttinrig����IrilYh 11111 Reception#: 730276 .08/0812007 10:29:00 AM Jean Alberico 2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • 2. The meeting 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. The above stated and other reasons, the proposed special use 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 has met the requirements of Special Use (Sections 5:03, 5.03.13 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for a Communication Facility (Un -Manned Tower) on a property owned by POW Inc. is hereby approved subject to compliance with all of the following specific conditions: I) That all representations made by the Applicant in the application and as testimony in 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 communication facility shall be available for future co -location and the denial of a requested co -location shall be based on technical reasons, not on competitive interests; 4) The existing Sprint/Nextel communication tower, antennas, proposed modifications and all future modifications shall be painted a darker matte earth tone to reduce visual impacts; +t. Dated this (0- day of OAA --i - ^-J , A.D. 2007 All EST: GARFIELD OUNTY BOARD OF COMM S, GARFIELD COUNTY, LO Upon motion duly made and seconded the for • • 1111 ®III Reception#: 730276 08/08/2007 10:29:00 RM Jean Alberico 3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER IRESI HOUPT STA 1'h OF COLORADO )ss County of Garfield , Aye , Aye , Aye 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. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners 3