HomeMy WebLinkAbout4.0 Resolution 93-109RECORDED O'CLOCK �.M. DEC 0 7 1993
Oft A 406219 MILDRED ALSDORF, COUNTY CLERK
GARFIELD COUNTY, COLORADO
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STATE OF COLORADO )
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County of Garfield )
Ata regular meeting _:. he Board of County Commissioners for G : •field County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in GlativOod
Springs on Monday , the 6th day of December A.D. 19 93 , there were
present:
Eimer (Buckey) Arbaney
Arnold L. Mackley
Marian 1. Smith
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
Conlmilaioner
, Commissioner
County Attorney
Clerk of the Board
County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 93-109
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR THE US WEST NEW VECTOR GROUP.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from US WEST NEW VECTOR GROUP for a corununication tower (cellular phone site)
in the A/R/RD Zone District on the following described tracts of land
(See Attached)
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the 1st day of November, 1993, and the 15th
day of November, 1993, upon the question of whether the above-described Special Use Permit should
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be granted or denied, at which hearing the public and interested persons were given the opportunity
to express their opinions regarding the issuance of said Special Use Permit; and
WHEREAF, the Board on the basis of substantial competent evidence produced at the.
aforementioned hearing, has made the following determination of fact:
1. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
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That 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 hearing.
That the application is in compliance with the Garfield Count} Zoning Resolution of
1978, as amended.
That the proposed Special Use Permit, with mitigating factors, is in general compliance
with surrounding land uses and zoning in Garfield County.
For the above stated and other reasons, the proposed use i , in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commi.'ionera of Garfield
County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the
above described ti act of land for a cellular phone site, upon tie following specific conditions:
1. All representations of the applicant shall be considered conditions or approval unless
stated otherwise by the Board of County Comms sioners.
2. All utilities shall be placed underground.
3. All structures shall be painted in earthtone.
4. All noise generation shall be accordance with state law.
5. All new cut slopes or grading shall be re -vegetated with certified weed -free seed. A
revegatioNerosion protection plan shall be submitted prior to any excavation being
conducted. Control of noxious weeds is the responsibility of the property owner.
No external lighting shall be alloy ed.
All conditions set forth in a November 12, 1993 letter from the Walter's Group to
adjacent property owners are considered conditions of approval.
8. Any and all expansion or modification of the facility will require an amendment to the
SUP.
9. Tree planting will occur on Mr. Dieter Sander's property consistent with an agreement
reached on November 15, 1993, with an expenditure cap of $9000.00.
10. Prior to the issuance of an SUP, the applicant shall submit documentation regarding
any FCC approvals necessary for the facility.
11. Snow removal will be funded consistent with representations in a November 12, 1993
letter from Dave Rutter (The Walter's Group).
12. USFS Wildfire Protection Guidelines will be followed in the construction of all
structures.
13. A current nailing address and phone number will be distributed to all adjacent property
owners to report interference.
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1004)885/10lW
Landscrping shall be ensured for two years from the date of planting. If necessary,
planting shall be replaced the following spring.
A summary report, describing the status of required landscaping shall be submitted at
one and two-year intervals to the Garfield County Planning Department, coinciding
with the one and two-year anniversary of the initial plantings.
Dated this 6th day of Docember , A D 19 9
ATTEST:
vote:
Jf�l�,„e�'C,i
of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Elmer (Buckey) krbaney
Arnold L. Macklsy
Marian I. Smith
STATE OF COLORADO )
)ss
County of Garfield )
County Clerk and ex -officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this _ day of , A.D. 19
County Clerk and ex -officio Clerk of the Board of County. Commissions
!lOOR Od6S IACs 062A
' ( DE$CklPtZo1 - LEASE PARCEL
CII .OF LANA $ltUAME'0 IN A POPtION Of int 3, SENOR MESA.
k$*'TICU PLAT AS f1ECORUEU At REcEPJJ 1011 MISER 429026, BE1Nt1 A
OORTSO1 Of IHS NORTHEAST ONE-QUARTER or 8EC110t4 35, TOWNRlIlP 8 •
SOUt11,"RAI4tE 11O;NE8t or 111E S1X1H PRl11CIPAL MERIDIAN, COUNTY or
1GARFIELD, BfAtE'or COLORADO,- 40I1E PARTICULARLY DESCRIBED AS
FOLLOW8t.
"eta• t'."s :.'.
COMMENCING AT:TNE NORTHWEST CORNER Or SAID 101 3; THENCE STAIN
:1.70'60'61"• EAST A DISTANCE Or 382.00 FEEL to 111E 1110E PONT or
BEQI11t1IN0; 111ENCE SWM 78•41'13" EAST A DISTANCE' or 50.01 FEEL;
: .111ENCE BOUT!, 13.18'47" WEST A UISIANCE OF 40.00 FEET; THENCE
''rHORtH,7041'13". WEST A DISTANCE Or 80.00 FEET: THEME NORM
-..',13018°47"EAST A DISTANCE of 40.00 FEET 10 THE !RUE MINT OF
BEQINNINQ. CONTAINING 2,000 SQUARE FEEL MOUE OR LESS.
LEGAL DESCR&P430N - mantas -toms & UTILITY EASEMENT
AN EASEMENT., 10.00 AND 20.00 FEET IN WIDTH, ovER AND ACRo99 A
PORTION OF LOT 3, SENOR MESA EXEMPtIUN PLAT A9 RECORDED At
RECEPTION NUMBER 429026, BEING A PORTION OF 111E NORIITEAS) ONE-
QUARTER OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 90 WEST or THE
SIXTH PRINCIPAL MERIDIAN, COUNTY or GARrIELD, STATE OF COLORADO,.
BEING 6.00 root AND 10.00 root 0t4 E1tion SIDE or 111E FOLLOWING
DESCRIBED CENTERLINE'
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COM►•IENCINo AT THE SOUTIIEAST CORNER or 111E ABOVE-DESCRIBED LEASE
PARCEL; THENCE NORTH 13°18'47" EAST ALONG TUE EASTERLY LIME OF
SAZO LEASE PARCEL A DISTANCE Or 17.50 FEEL 10 THE TRUE POINT OF
BEGINNING; THENCE 111E FOLLOWII,i 111REE (3) COURSES ALONG TUE
,CENTERLINE Or SAID EASEMENT, SAID EASEMENT BE1N0 20.00 FEET IN
WIDTH:
A.' THENCE Rot►111 02°12'20" EAST A DISTANCE OF 31.30 FEET;
2, THENCE -..10111 30°06'10" WEST A DISTANCE OF 42.20 FEET;
3. THENCE ''uUlH 40"47'31" WEST A DISTANCE Or 25.00 FEET:
THENCE 1115 roLLOWIIIU CUU0SE ALONG 111E CENTERLINE OF SAID EASE-
MENT, 8AIG EASEMENT BEING 10.00 FEET 1N WIP111:
�4. THENCE SOUTH 40°41'31" WEST A DISIANCE OF 29.08 FEET;
, THENCE TH1. FOLLOWING NINE (9) COURSES ALONG THE CENTERLINE OF
),SAID EASETIEN1, SAID EASEMENT BEING 20.00 FEET IN WIDTH:
6. THENCE SOUTH 40°47'31" WEST A DISTANCE OF 20.00 FEET;
0. ;THENCE SOUTH 70041'35" WEST A DISTANCE OF 31.03 FEET;
E. 7. TNENCI_ SOUTH 81.22'61" WEST A DISTANCE OF 143.79 FEET;
0. •IHENCI SOUTH 56°32'29" WEST A DISTANCE OF 89.09 FEET:
9. THENCr .SOUTH 32°07'42" WEST A DISTANCE OF 50.31 FEET;
• 10. TNEI4C" SOUTH 23'54'14" WEST A DISTANCE OF 54.71 FEET;
1HENCt.. SOUTH 10°10'59" WEST A DISTANCE OF 76.29 FEET;
12. THENC' SOUTH 15'35'21" EAB, A.DIBTANCE OF 39.68 FEET;
13. THENC SOUTH I5°00'29" EAST A DISTANCE OF 11.31 FEET TO THE
POINT OF 'ERMINUS ON THE NORTHERLY LINE OF THE 35 FOOT ACCESS,
UTILITY A.) DITCH. EASEMENT A8 SHOWN ON SAID SENOR MESA
EXEMPTION PLAT.
LEGAL DE' RIPTION - 10' UTILITY EASEMENT
. AN EABEF"' AT. 10.00 FEET 1N WIbTH, OVER AND ACROSS A POR1I011 OF
.i LOT 3, ;TOR MESA EXEMPIIOII PLAT A8 RECORDED AT RECEPTION NUMBER
429026, E110 A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION
1;36, TOW; HIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL
"v• \.MERIDIAN.COUNTY OF GAIRFIELD, STATE OF COLORADO, 8E111G 6.00 FEET
,'1�.,,. ON,EITHI SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
4f1 44to ;•i. f,. .
1'iCOMMENCIITO AT THE SOUTHWEST CORNER OF THE ABOVE-DESCRIBED LEASE
o,PARCEL;`THENCE'80UTH 78'41'13" EAST ALONO'1HE SOUTH LINE OF SAID
E• rLEASE.PA1ICEL A DISTANCE OF 8.00 FEET TO THE TRUE POINT OF
44'BEGINNING; THENCE THE FOLLOWING THREE (3) Comm ALONG THE
CENTERLINE OF SAID EASEMENT:
1. THENCE SOUTH 54'04'35" WEST A DISTANCE OF 78.16 FEET;
2. THENCE SOUTH 32034'59" EAST A DISTANCE OF 00.42 FEET;
1 X1;13. THENCE SOUTH 47'07'34" WEST A DISTANCE OF 48.41 FEET TO THE
P , .'!POINT Or TERMINUS OF SAID EASEMENT, BEING ON AN EXISTING
k' .p!Iu,7ELEPMC'IE' POLE.