HomeMy WebLinkAbout5.0 Resolution 2010-56111 'SP1}A11WM.14,tITNIWC1i'liU 11111 Receptlonii: 788796 07/20(2010 11:16:45 RM Jean Rlber to° 1 of 6 Rec Fee:%O.00 Doc Fee:0.00 GRRFIELD 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 Garfield County Sheriff's Annex, 106 County Road 333A in Rifle, CO on, Monday, the 12th day of July A.D. 2010, there were present: John Martin Mike Samson Tresi Houpt Deborah •ninn Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner Assistant Coun Attorne . Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010-56 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LANA USE CHANGE PERMIT FOR A TELECOMMUNICATIONS FACILITY FOR SCOTT AND DEBRA ROBINSON LOCATED WEST OF SILT, CO AND NORTH OF HIGHWAYS 6 & 24 PARCEL NO# 2179-054-00-589 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application (LIPA 6336) for a Land Use Change Permit to allow for a Telecommunications Facility (also listed as a Communications Facility) consisting of a 40 "stealth" tower and associated equipment building from Scott and Debra Robinson. B. The site is located west of Silt, CO and north of Highways 6 & 24. C. The site is located within the property description contained in the Warranty Deed submitted with the application documents and recorded with the County Clerk and Recorders under reception number 570650 in Book 1212, Page 65 and attached hereto as Exhibit A. D. The subject property is contained within the Rural Zoning District and a Land Use Change Permit for Telecommunications Facility requires approval of a Limited Impact Review Process by Garfield County. III 11;11 Reception#: 788796 07/20/2010 11:16:45 RM Jean Riberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for Telecommunications Facility pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened the public hearing 011 the 12th day of July, 2010 upon the question of whether the Land Use Change Perniit application for Telecommunications Facility should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 12th day of July, 2010 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That 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 Land Use Change Permit for a Communications Facility is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008 as amended. 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 Permit to allow for a Telecommunications Tower and equipment building is hereby approved subject to compliance with the following conditions: 1. 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. liAtedfAMIMAUAlliiiii 5141 Reoeption#: 766796 07/20/2010 11;56;46 RM Jean Riberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. 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. 4. 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. 5. 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. 6. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 7. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 8. The applicant shall obtain a new CDOT access permit prior to issuance of final Certificate of Occupancy. Dated this 1 A l I EST: 4C day of , A.D. 20 10 . GARFIELD COUNTY BOARD OF COMMISSIONE' GARFIELD COUNTY, COL r•- ) a ,el rk of the Board Chair) Upon motion duly made and seconded the forego following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TRESI HOUPT Resolutio r was adopted b ,AYE ,AYE ,AYE 3 Ills' a.MAKAMA MAr'I ,WUti 4 dull Reception4: 788796 07/20/2010 11:16:45 AM Jean Rlberico 4 of 6 Geo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 1 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. 1N WITNESS WHEREOF, l have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 4