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HomeMy WebLinkAbout3.0 Resolution PC-2015-03f il ilrJ L[ IftlFitlHil. Ml{fi Ifi Il IPllHdFLt ITl, RecaotlonB: E65775o7tzdl2ol6 ll145:49 All Jcan Alborico 1 ol 12 Rco Feer30,0@ 0oo Fco:0.0O GflRFIELD C0WTY CO STATE OF COLORADO COIJNTY OF GARFIELD Michael Sullivan Eric Rudd Kellv Cave 1]il ) ) ss. ) At a regular meeting of the Planning Commission for Garfield County, Colorado, held in the Commissioners' Meeting Room at the Garfield County PlazaBuilding, 108 8'n Steet, in Glenwood Springs, Colorado, on Wednesday, the 8u day of July, 2015, there were present: Bob Fullerton , Commissioner, Chairman John Kuersten (absent)Commissioner, Vice Chair Commissioner, Secretary Commissioner Commissioner Commissioner Associate Commissioner Associate Commissioner Assistant County Attorney Clerk to the Commission Sean Martin (absent) Gres McKennis Keith I-ammev Steohen Damm Beckv Wheelersburg - , when the following proceedings, among others were had and done, to wit: RESOLUTION NO. PC.2OI5-03 A RESOLUTION CONCERNED WTTH A LOCATION AI.ID E)ffENT APPLICATION FOR A TELECOMMTJNICATION TOWER (Ftr-E NO. LAEA-8354) Re$ilals. A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. Pursuant to law, the Board of County femrnissioners of Garfield County has appointed the Garfield County Planning Corunission (the Commission). C. The Colorado Mountain Junior College District (the Applicant) applied to the Planning Commission pursuant to File No. LAEA-8354 for a [ocation and Extent Review for a proposed Telecommunication Tower (Tower). D. The Tower is proposed to be located on the Applicant's Spring Valley Campus, south of Glenwood Springs, approximately 4 miles off of Highway 82 on County Road 114. The campus address is 3000 County Road 114. The Tower will be located on an approximately 50 ft. by 50 ft. site shown on the attached Exhibit A, Site Plan, and within an overall 8l I acre property more fully described on the attached Exhibit B, Legal Description. E. Pursuant to Section 4-l1l (C) of the Garfield County Land Use and Development Code, as amended, and C.R.S. $ 30-28-110(lXa) the Commission is required to review the location and ex- tent of the Tower to determine whether the proposed public facility and improvements are in gen- I \1/ Ill lilh [ .tEt'}ll Il{ ilh[ HII [t tL\t't t il ltr]ll All','l' I ll I Rcccotlon$: 865775iiitzdtns ll:45:49 fil| JG.n elb.rlgoi' i'7- i 2-iic' eitiiiti. o6' ooo - Fde : o. @ GRRF IELD oot'NrY co eral contbrmance with the County's Comprehensive Plan of 2030, as amended (the Comprehensive Plan) and its MasterPlan. F. In accordance with state law, the Planning Commission has adopted a Master Plan. Ttre Master PIan applicable to this Petition is the Comprehensive Plan. G. The Commission opened a public hearing on July 8, 2015 upon the question of whether the proposal is in general conformance with the Comprehe,nsive Plan. H. The Commission closed the public hearing on luly 8, 2015 to make a decision on the re- quest. I. The Commission, on the basis of substantial competent evide,nce produced at the aforernen- tioned hearing has made the following determinations of fact: l. That proper public notice was provided as required for the hearing beforo the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all per- tineut facts, matters and issues were zubmitted or could be submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons, approval of the Ipcation & Extent request by the Colorado Mountain Junior College District for the Tower is in the best interest of the healtlu safety, and welfare of the citizens ofGarfield County. 4. That the l.ocation and Extent request has been determined to be in general conformance with ttre Comprehensive Plan 2030, as amended. 5. That the Location and Extent request is in conformance with the Review Criteria contaiued in Section 4-111, Location and Extent of the Garfield County Land Use and Development Code, as amended. 6. The determination of General Conformance is based on the Applicant's representations in their Application submittal and at the public hearing before the Planning Commission. RESOLUTION NOW, TIIEREFORE, BE IT RESOLVED by the Planning Commission of Garfield County, as follows: A. The foregoing Recitals are incorporated by this reference as part of the resolution. B. Exhibit A describes the location of the proposed Tower. C. Tho Location and Extent request for the Tower is hereby approved subject to the fol- lowing conditions of approval: ,huh'[ tllll ol,iona! 8E5775 1 i'l:.' l*:.3?#0.3'Fl.?A?E6' EB*. r e.o couNry co l. Thst all representations made by the Applicant in the Application shall be conditions of approval unless specifically altered by the conditions of approval contained herein. 2. That the Tower shall be opemted in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility including any FCC and FAA regulations. 3. Prior to consfiruction of the Tower, the Applicant shall obtain a Minor PUD Amend- me,nt to the CMC PUD to add Telecommunication Tower as a pe,rrritted use. 4. The Tower shall utilize non-glare neutral colors to lessen visual impaots. 5. The Towner shall have no lighting allowed. DATED tns /S\ay of July, 2015. ATTEST:PLANNING COMMISSION OF GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the follow- ing vote: Commission Chairman Bob Fullerton Ave Commissioner John Kuersten Commissioner Sean Martin absent Commissione,rs Gree McKennis Aye Commissioner StephenDamm Aye. Commissioner Keith Lammey Associate Commissioner Michael Sullivan Ave Associate Commissioner Eric Rudd Ave Garfi eld County Planning Commission " rrr ltt *Em[ri',uuN'itgtilttlHl u+lllt['rt' il llt ["f"'qale$iiiffi 6'"""1'FI"|a?46'SE.,IELDcoLriITYco EXHIBIT A (Site Plan) EilElx TEE.b:w W lt U I I bg=g+r latra-.a a 4 Ill lllhl:E l'tftll+llft ,llldlh\Itlt{rll itrtt'l Ul !'}l' ll ll I gffi=td["#i:"?'if#,":'i!.1b?66'tB,rtELocotx{ryco EXHIBIT B (Legal Description) arcel l: A hact or parcel of land in L,ot 5 and Iot 6 of Section 9 and in lot 6 and in Lot ? of Sec- tion 4, Township 7 South, Range 88 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said hact or parcel being more particularly described as follows: Beginning at a point which is the SW corner of Section 4, Township 7 Soutb, Range 88 West, ofthe Sixth Principal Meridian, from which point the NW corner of said Section 9 bears S. 89o42'W., a distance of 180.8 feeq Thence N. 89042' E., along the south line of said Section 4, a distance of 683.1 feet; Thence N. 0o25'30" W., & distance of 1,444.7 feet, to the northwesterly line ofthe county road; Thence N. 61"35'30" E., along the northwesterly line of the county road, a distance of 658.6 feet; Thence N. 72o45' E., along the northwesterly line of the colmty road a distance of 112.7 feet, to the east line of Lot 6 of said Section 4; Thence S. 0ol3'30" E., along the east line of Lot 6 and l,ot 7 of said Section 4, a distance of 1,787.8 feet to the south line of said Section 4; Thence S. 0"07'30" E. , along the east line of Lot 5 and Lot 6 of said Section 9, a dis- tance of 1,044.4 feet; Ttrence S. 89o42'W., a distanwof 1,374.6 feet; Thence N. 0020' E., a distance of 1,044.5 feet, more or less, to the point of beginniog Excepting therefrom the ship of land 60 feet in width, which is the county road uow situated and in place [December 29,19661and which extends along the northerly portion of the above described parcel. Parcel2: A tract or parcel of land in l,ot 6 and in Lot 7 of Section 4, Township 7 South, Range 88 West, ofthe Sixth Principal Meridian, in Garfield County, Colorado, said tract orparcel being more partiorlarly desoibed as follows: Beginning at a point on the West line of Section 4, Township 7 Soutlr, Range 88 West, of the Sixth Principal Meridian, from which point the NE corner of Section 8, Township 7 South, Range 88 West, of the Sixth Principal Meridian, bears S. 9028' W. a distance of 1,139.4 feet; I ll illlr IIIl,l,lrI lf l' il{d IIt I ht]lr titli { I' lTll I $ [ hl, I I I I IReceotlon*: 865775 o7121t2.o15 ll:45;49 fl{ Joan Albcrico6 ot 12 Rcc Fcc:$O.@ Doo F..:0,00 GARFIELD CoUNTY CO The,nce N. 0"20' E. along the West tine of Section 4, a distance of 1A42.7 feet to the North line of Lot 6 of Section 4; Thence S 89055'30" E. along the North line of Lot 6 of said Section 4 a distance of 1,341.5 feet to the East line of Lot 6 of said Section 4; Thence S. 0ol3'30" E. along the East line of Lot 6 and L,ot 7 of said Section 4, a distance of 768.8 feet, to the Northwesterly line of the County Road; The,nce 5.72045' W. along the Northwesterly line of the County road, a distance of 112.7 feeg, Thence S. 61"35'30" W. along the Northwesterly line of the County road a distance of 658.6 feet; Thence S. 57o46' W. along the Northwesterty line of the County road a dis- tatceof ?i11.8 feet; Thenc.e S.61o58'30" W. alongtheNorthwesterlyline ofthe County road, a distance of 214.2 feet; Thence S.72oO73A' W. along the Northwesterly line of the County road, a distance of 259.5 feet, more or less, the point of beginning Parcel3: Beginning at a point, which point'is the SW corner of Section 4, Township 7 South, Range 88 Wesg of the Sixth Principal Meridian, from which point the NW corner of Section 9, Township 7 South, Range 88 West, of the Sixth Principal Meridiaq bears S. 89o42' W. a distance of 180.8 feet; Thence N. 0"20' 8., along the west line of said Section 4, a distance of 1123.0 feet to the norttrwesterly line of the County road; Thence N. 72o07'30'E., along the northwestedy line of the County road, a distance of 259.5 feet; Thence N. 61o58'30'E., along the northwesterly line of the County road, a distance of 214.2 feet; Thence N. 57o46' E., along the northwesterly line of the Countyroad, a distance of 271.8 feet; Thenoe S. 0025'30" E., a distance of 7,444.7 feet; to the south line of said Section 4; Thence S. 89o42' W., along the south line of said Section 4, a distance of 683.1 feet, more or less, to the Point of Beginning Parcel 4: A tract or parcel of land in Lot 1 and in the Sl/2NE1/4 of Section 4, Township 7 South, Range 88 West, of the Sixth Principal Meridian, said tract or parcel of land being moro particularly described as follows: Beginning at a point in L"ot t of Section 4, Township 7 Souttr, Range 88 West, of the Sixth Principal Meridian" from which point the NE corner of said Section 4 bears N. 33o20'30" E., a distance of 995.7 feet; Thence S. 0o30'30" E., B distance of 514.4 feet, to the North line of the S1/2NEI/4 of said Section 4; Thence S. 0o30'30'n E., o distauce of 1,346.1 feet, to the South line of the lll tl l.r Il I l'ttt Iril'Hr I llil I'dl' htl iltt] il:L"t llfJtlil ll ll I Reccotlon$: 865775 ?a[,"\7612.'Lll?i6?ufl ,.1";!"?4165'EB*'rELDcouNryco S1/2NEI/4 of said Section 4; Thence N. 89o55'30" W., along the South line of the Sl/2NEl/4 of said Section 4, a distance of 2,128.3 feet, to the West line of the SI/2NE1/4 of said Seotion 4; Thence N. 0o30'30" W., along the West line of the SI/2NE1/4 of said Section 4, a distance. of 7,34.4 fee! to the North line of the S 1/2N81/4 of said Section 4; Thence S. 89o58' E., along'the North line of the S1/2NE1/4 of said Section 4, a distance of 1,343.3 feet, totheWestlineoflot I of saidSection4; Thence N. 0035' W., along the West line of Lot I of said Section 4, a distance of 514.4 feet; Thence S. 89o58' E., a distance of 785.7 feet, more or less, to thepoint of beginning Parcel 5: A tract or parcel of land in the NEl/4SWl 14 atd in the NWl/4SEl/4 of Section 4, Town- ship 7 South, Range 88 West, of the Sixth Principal Meridian, in Garfield County, Colora- do, said tract or parcel being more particularly described as follows: Beginning at a point on the north line of the NWI/4SEI/4 of Section 4, Township 7 South, Range 88 Wes! of the Sixth Principal Meridiar\ from which point the SE comer of said Section 4 bears S. 30o52'30" [no recital of E or \ff], u distance of 2,933.8 feet; Thence S. 0o30'30" E., I distance of 1,264.9 feet, to the south line of the NW1/4SE1/4 of said Section 4; Thence S. 89o49' W., along the south line of the NW1/4SE1/4 of said Section 4, a dis- tance of 1,214.7 feet to the west line of theNWll4SBll6 of said Section 4; Thence S. 89"49' W., along the south line of the NE1/4SWI/4 of said Section 4, a distance of 1,360.0 feet, to the west line of the NE1/4SW1/4 of said Section 4; Thence N. 0"13'30" W., along the west line of the NEI/4SWI/4 of Section4, a distance of 1,276.6 feeg to the north line of the NEI/4SWI/4 of said Section 4; Thence S. 89o55'30" E., along the norttr line of the NE1/4SW1/4 of said Section 4, a dis- tance of 1,353.7 feef to the east line of the NEI/4SW1/4 of said Section 4; Thence S. 89o55'30" E., along the north line of the NWl/4SEl/4 of said Section 4, a dis- tance of lr2l4.2 feet, more or less, to the point of besnning Parcel 6: ill ]illr Ull l!il| ffi tI ll{tl t,T E hr}t l[,l ililff }AI,''il h'l' I ll I Receotionfl: 865775 O712112016 ll;45:49 ott J..n nlbsrlcog-ai-il ncc rce,$o.oo Doo Fcc;o.oo GRRFIELD couNTY co Lots 4, 5,6,7,8, 10 and t I of Section 4, Township 7 Soutt5 Range 88 West, of the Sixth Principal Meridian EXCEPTING TIIEREFROM Int l0 in the South one-half of said Section 4 Parcel 7: Beginning at a point on the east line of Section 5, Township 7 South, Rangs 88 West, 6s Principal Meridian, from which point the NE corner of Section 8, Township 7 Souttt, Range 88 West, 6n Principal Meridian, bears S. 9o28' W., a distance of 1,139.4 feet; Thenqe S. 72007'30" W., along the northwesterly line of the County road, a distance of 195.8 feet; ThenceN. 0ol2' W., a distance of 4,187.5 feet, to the north line of said Section 5; ThenceN. 0o12'W., into Section 32, Township 6 South, Range 88 West, 66Principal Me- ridian, a distance of 823.5 feet; Thence S. 89057' E., a distance of 201.0 feet, to the east line of said Section 32; Thence S. 89o57' 8., a distanen of 177.4 feet, to the east line of lot 18, Section 33, Township 6 South, Range 88 West,66Principal Meridian Thence S.'0o07'30" E., along the east line of Lots 18 and 19 of said Section 33, a distance of 823.5 feet, to the South line of said Section 33; Thence N. 89o57' W., along the South line of said Section 33, a distau e;e of 177 .4 feet to the corner common to said Sections 32 and 33, and Sectious 4 and 5 ofTownship 7 South Rauge 88 West,6a Principal Meridian; Thence S. 0o12' E., along the East line of said Section 5, a distance of 2,684.6 feet, to the F;ast% comerof said Section 5; Thence S. 0020' W., along the East line of said Section 5, a distance of 1,442.7 feet, more or less, to the point ofbeginning Parcel8: A hact or parcel of land in the NWl/4SWl/4 of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridiarq in Garfield County, Colorado, said tract or parcel be- ing more particularly described as follows: Begrnning at a point on the west line of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, from which point the SW corner of said Section 34 bears S. 4oO7'8., a distance of 1,236.0 feet; Thence N. 4o07' W., along the west line of said Section 34, a distane of 1,236.0 feet, to the westrA corner of said Section 34; Thence S. 89o57' E., along the north line of the NWI/4SW1/4 of said Section 34, a distance of376.7 fed; Thence S. 2000' E., a distance of 1,230.4 feet, to the south line ofthe NWl/4SWl/4 of said III tJIrlX[ LH,['l{{ll4 gHlrl} fl ,il IJ tr'f !: l*iltlt ] il IReceotion$: 865775g?l2ll2o13 l'l:4E:49 AI'l Jcan llbcrlcoI ol 12 Rec Fee:$O.OO Doo Fce:O.0O G0RFIELD COUNTY CO Section 34; Thence S. 89o30'30" W., along the south line of the NW1/4SW1/4 of said Section 34, a dis- tance of 330.9 feet, more or less, to the Point of Beginning Parcel 9: A trast or parcel of land in the NWtl+SWl/4 of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said hact or parcel beingmore particularly described as follows: Beginning at a point on the north line of the NW1/4SW1/4 of Section 34, Township 6 South, Range 88 West, 6e Principal Meridian, from which point the West % cornet of said Section 34 bears N. 89057' W., I distance of 376.7 feef; Thence S. 89057' 8., along the north line of the NW1/4SW1/4 of said Section 34, a distance of 354.8 fee[ Thence S. 2o00' E., a distance of 1,227.0 feet, to the south line of the NWI/4SW1/4 of said Section 34; Thence S. 89o30'30" W., along the south line of the NW1/4SW1/4 of said Section 34, a dis- tance of 354.6 feet; Thence N. 2o00' W., a distance of 1,230.4 feet, more or less, to the point of beginning Parcel I0: Lot12 in Section 4, Township 7 Soutlg Range 88 West of the 6ftPrincipal Meridian Parcel 1l: Parts of Lots 6 and 7 of Section 4, part of Lot I I of Section 5, all of tot 8 and part of Lots 3 and 4 of Section 8 and all of Lots 4,5,6, and 7 of Section 9, all in Township 7 South, Range 88 West ofthe 66 Principal Meridian, Garfield County, Colorado,lying Southeast- erly of a County road as constlucted and in place [April21,79727,described as follows: Beginning at the Southwest corner of L,ot 3 of said Section 8, being the same as the South- east corner of Iot 4 of said Section 8, whence theNortheast corner of said Section 8 bears N. 52035' 1 4" E. t572.97 feet; lll t[rflilfiltrtlflll]Jllfl I llll#rlt,Sl L1lt ]'* I ll I Rcccotlon$: 8G5775 a7tzdl2615 1l:45:49 All Jsan llb:rlcoi6'6i ti'iai Faa;s6.oo o6a FaG;o,oo cARFIELD couNTY c0 Thence S. 88043'38- W.426.39 feet along the Southerly line of said Lot 4 to a point on the Westerlyline of said road; Thence N. 03o12'18" 8.242.69 feet along the Westerly line of said road; Thence N. 14o58'08' E. 1,44.01 feet along the Westerly line of said road; Thence N. 32"07'00" E. 1473.78 feet along the West- erly line of said road; Thence N. 43'58" 38" E. 132.65 feet along the Westerly line of said road; Thence N. 64o10'20" 8.392.30 feet along theNorthwesterly line of said road; Thence N. 72o07'36" E. 885.11 feet along the Northwesterly line of said road; The,nce N. 61o58'39'F,.214.19 feet along theNorthwesterly line of said road; Thence N. 57"45'47" 8.271.83 feet along the Northwesterly line of said road; Thence N. 61"35'17' E. 658.56 feet along the North- westerly line of said road; Thence N. 72045'00" E. 112.70 feet along the Northwesterly line of said road to a point on the Easterly line of Iot 6 of said Section 4; Thence S. 00"09'39" W. 1787.80 feet along the Easterly lines of Lots 6 and 7 of said Sec- tion 4 to the Northeast comer of Lot 5 of said Section 9, being the same as the Northwest corner of Iot 4 of said Section 9; Thence N. 89"47'57u E. 1366.29 feet along the Northedy line of said lot 4 to the North- east comer of said l-ot4; Thence S. 00"38'41- W.2198.27 feetalong the Easterly lines of Lots 4 and 7 of said Sec- tion 9 to the Southeast corner of said l,otT; Thence S. 88o42'41" W. 361.02 feet along the Southerly line of said l-ot 7; Thence North 317.99 feet along the Southerly line of said Irct 7; Thence S. 69"57' W. 988.46 feet along the Southerly line of said LatT; Thence S. 88042'41" W. 1601.16 feet along the Southerly lines of Lots 7 and6 of said Section 9 to the Southwest corner of said l.ot6,being the same as the Southeast comer of Lot 8 of said Seotion 8; The,lrce S. 88o46f 10" W. 1245.83 feet along the Southerly line of said L,ot 8 to the Southwest comer of said Lot 8; Thence N. 00o05'49" W. 1319.90 feet along the Westerly line of said Lot 8 to the North- west comer of said Lot 8, being the same as the Southwest corner of Iot 3 of said Sec- tion 8, thepoint ofbeginning Excepting therefrom a strip of land sixty (60) feet in \ilidth which is the County road as now situate and inplacc [April2l,19721and which extends alongthe entireNorthwester- 10 I il lllrr 4lllt fl ' llPl I ftt Ft,l llli!|l I l'lll hl ll :ltrh'l, I ll I [f'?"ii{''*:iirlf i#lBu,Bi'p.tlB?86'EnnpremcoL*ryco Iyportion thereof in said Lots 3 and 4, Section 8; Lot 11, Section 5; and Lots 6 and 7, Src- tion 4 Parcel 12: TheNl/2SWl/4, SEI/4SWll4,Section 34, Township 6 Souttu Range 88 We,st of the 66 Principal Meridian Parcel l3: Thatportion ofthe SEI/4NW1/4, Section 34, Township 6 South, Range 88 West of the 6e Principal Meridian, Garflreld Cor:nty, Colorado, lying southerly of a 60-footwide strip of land having a centerline as described on Exhibit A to a deed recorded in the Office of the Clerk and Recorder for Garfield Corurty, Colorado on April 10, 1980 in Book 546, Pages 699-702,Reception No. 302961, said 60-foot wide strip also known as County Road 115 Parcel 14: Ttrat land, if any, acquired via vacation Resolution No. 98-112 recorded Decernber 23, 1998 in Book 1105 at Page 970 as Reception No. 537791. EXCEPTING FROM ANY A}ID ALL OF THE ABOVE, THE FOLLOMNG ETGHT (8) EXCEPTING PARCELS: Excepting Parcel l: That property conveyed via Quitclaim Deed recorded June 3, 1929 inBook 159 at Page 84 as Reception No. 10,1495. Excepting Parcel2: That property conveyed via Quitclaim Deed rrcorded June 3, 1929 in Book 159 at Page 87 as Reception No. 104498. Excepting Parcel 3: Thatpropertyconveyed via Quitclaim Deed recorded February6, l93l in Book 159 at Page225 as ReceptionNo. 109224. Excepting Parcel 4: Thatproperty conveyed viaDeed recorded September 22,1972 in Book 435 atPage52? as Reception No. 255382. Brcepting Parcel 5: l1 lll lillhiltt ll fl 'lur h II'thLi I [ +t h Uii ll,l I Eit !'l h lr1, ] I I I Receotion$: 86577507l2sl20l5 ll:46:49 f,|1 Js.n nlb.ricoii-oI-ii nc6 FeiiS0,0g Doo Fee:0.00 GARFIELD cOuNTY c0 That property conveyed via Deed recordd April 10, 1980 in Book 546 at Page 699 as Re- ception No. 362961. Excepting Parcel 6: That property conveyed via Deed recorded October 21,1986 in Book 697 atPage 500 as Reception No. 375603. Excepting Parcel 7: That properly conveyed via Quitclaim Deeds recorded August 28,1997 in Book 1031 at Page 798 as Reception No. 512958 and recorded December 23,1998 in Book 1105 at Page 978 as Reception No. 537792. Excepting Parcel 8: That property conveyed via Quitclaim Deed recorded December 23,1998 in Book 1105 at Page 980 as Reception No. 537793. FLRTHER DTEPTING THEREFROM any portion of Parcels l-14 whichlies within County Road I 14, I15, or any other public right-of-way. ALL PARCELS BEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO t2