HomeMy WebLinkAbout4.0 Land Use Change PermitLAND USE CHANGE PERMIT
for
A Parcel of Land Owned by the A.J. Woodward LLC Located Approximately 16
Miles North of the City of Rifle in Section 15, Township 4 South, Range 94 West
of the (5th P.M. and Legally Described in a Special Warranty Deed filed for record
at Reception Number 828589 in the records of the Garfield County Clerk and
Recorder, and Further Described in the Attached Exhibit "Au Site Plan
(Assessors Parcel No. 1919-224-00-009)
In accordance with and pursuant to provisions of the Garfield County Land Use and
Development Code, as amended, and Resolution No. 2015-60 of the Board of County
Commissioners of Garfield County, State of Colorado, the following activity is hereby
authorized by L~nd Use Change Permit:
A Telecommunications Facility, known as the Blanco Hill Cellular Tower
{LIPA-8305)
This Land Use Change Pennit-Limited Impact Review is issued subject to the condltlons
contained in Resolution No. 2015-60 and set forth in Exhibit "B" and shall be valid only
during compliance with such conditions and other applicable provisions of the Garfield
County Land Use and Development Code, as amended, Building Code, and other
regulations of the Board of County Commissioners of Garfield County, Colorado.
2/ I~
Date
ATTEST:
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Exhibit A
(Site Plan)
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Exhibit B
(page 1 of2)
1. That all representations made by the Applicant in the application shall be
condftlons of approval unless specifically altered by the conditions of approval of the
Board .
2. That the facility shall be operated in accordance with all applicable Federal, State
and local regulations governing the operation of this type of facility Including but not
limited to all FCC and FAA regulations. ·
3. Prior to the Issuance of the Land Use Change Permit, the Appli9ant shall provide
updated engineering and/or geotechnlcal reports to demonstrate consistency between
the proposed engineered foundation plans and the geotechnical recommendations as
requested by the referral comments from Mountain Cross Engineering . In addition the
Applicant shall update the site plan as follows:
a. Amend site plan to reflect 40 x 40 ft . leased area for the facility.
b. The dimension of the utility cabinet shall be shown including footprint and height.
4. Prior to Issuance of the Land Use Change Permit, the Applicant shall provide
additional details on the communication cabinet and whether batteries and back-up
power are proposed In response to the referral comments from the Colorado River
Fire Protection District. If back·up facilities are proposed then pursuant to the fire
district recommendations additional safety provisions and slgnage shall be required.
5. Prior to issuance of the Land Use Change Permit. the Applicant shall obtain and
provide a copy to the County of an Access Permit from the Colorado Department of
Transportation (COOT) for the proposed acces5 roadway. The Applicant shall comply
with all conditions contained therein.
6. Prior to the issuance of the Land Use Change Permit. the Applicant shall provide
a will serve letter or similar confirmation of availability of service from White River
Power. The Applicant shall also clarify if back-up power generation will be provided
on the site and include any such facilities on the site plan.
7. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide
updated plans for the access road prepared by a licensed professional engineer that
include:
a. Upgrading for the existing two track roadway consistent with the primitive roadway
standards , equivalent to the new section of driveway, includ ing drainage
improvements, width, and surfac ing . Compacted native material may be used to
meet the roadway standards .
b. Drainage Improvements in the vicinity of the Highway 13 access point to address
ponding and muddy conditions .
c. An updated assessment by the Engineer indicating that the driveway will be
adequate to serve the proposed use including construction related traffic.
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Reception#: 873095
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Exhibit 8
{page2of2)
d. The Applicant shall also provide plans/representations for ongoing maintenance of
the driveway.
e. A waiver from the primitive roadway standards for cross section details including
shoulders and ditches is acceptable for both sections of driveway subject to
compliance with the above conditions.
8. The Applicant shall maintain compliance with all FAA and FCC pennitting
requirements including safety requirements and non-interference provisions.
9. Potable water and sanitation shall be addressed during construction by provision
of portable facilities in compliance with OSHA requirements.
1 0. The Applicant shall utilize bear proof trash containers during construction and shall
mitigate any potential impacts on wildlife consistent with standard Colorado Parks and
Wildlife (CPW) guidelines.
11. The area of disturbance shall be re-vegetated during the next growing season after
completion of construction. Oust suppression during construction activities shall be
provided.
12. The tower, support infrastructure, and fencing shall utilize non-reflective materials
and neutral colors .
13.As represented In the Application the tower shall be designed to accommodate
future potential for co-location with other cellular providers.
14. The Applicant shall maintain separation betwe.en the improvements and
vegetation that may serve as fuels during a wlldfire event.
15. The Applicant shall obtain an address for the facility and post it at the access point
to facilitate emergency response .
16. The facility shall be operated in compliance with all lightning protection
requirements.
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Recepl!an#: 869488
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STATE OF COLORADO )
)ss
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 Administration Building
in Glenwood Springs on Monday, the 5lh day of October A.D. 2015 , there were present:
.,.Jo::.:h.:.:.:n:..:M=aru=·=n ____________ __,. Commissioner Chairman
:.:;Mik=·=·e,._S=am=s=o=n _____________ , Commissioner
..::.T=om:.::..:;;J=an=k=o"-"v=sk:=..iy.____ ___________ ., Commissioner
..... T=an:.:.· ...;.W;..:i=ll=ia=m=s'--------------' County Attorney
=K=el::.lv.._C=av=-=e'--------------·· Assistant County Attorney
..... Je ... a .... n .... A ... l~be~n~·c~o ____________ _,. Clerk of the Board
~K:.:e..:..:vi:.:.:n...c:B=a=tc=h=cl=d=cr,__ __________ __.. Acting County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. Jo J 5-~ O
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
TELECOMMUNICATION FACILITY, ON A PORTION OF A 1,120 ACRE PROPERTY
OWNED BY THE A.J. WOODWARD LLC, AND LOCATED APPROXIMATELY 16
MILES NORTH OF THE CITY OF RIFLE IN SECTION 15, TOWNSIUP 4 so um,
RANGE 94 WEST OF THE 6fl1 P.M., GARFIELD COUNTY
PARCEL NO# 1919-224-00-009
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a
request for a Land Use Change Permit to allow for a Teleconimunication Facility, submitted by
A.J. Woodward LLC in conjunction with Comnet Four Comers LLC, as further described in
Exhibit A. Site Plan . (File No. LIP A-8305)
B. The Telecommunication Facility is known as the Blanco Hill Cellular Tower and is
proposed to be located on approximately 1,600 sq.ft. of property owned by the A.J . Woodward
LLC. Ownership of this property is described in a Special Warranty Deed filed for record at
Reception Number 828589 in the office of the Garfield County Clerk and Recorder.
C. The subject property is located within unincorporated Garfield County in the Rural Zone
1
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Reception~: 869488
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District. approximately 16 miles north of the City of Rifle, Colorado and accessed off of State
Highway 13.
D. Telecommunication Facilities may be permitted in the Rural zone district with a Limited
Impact Review.
E. The Board is authorized to approve, deny or approve with conditions a Limited hnpact
Review application resulting in issuance of a Land Use C_hange Permit pursuant to the Garfield
County Land Use and Development Code, as amended.
F. The Board of County Commissioners opened a public hearing on the 5th day of October,
2015 for consideration of whether the proposed Land Use Change Permit should be granted or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request.
G. The Board of County Commissioners closed the public hearing on the 5th day of
October, 2015 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 Conunissioners.
2. 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 meeting .
3. That for the above stated and other reasons the proposed Land Use Change Permit
application by A.J. Woodward LLC and Comnet Four Comers LLC, for a
Telecommunication Facility is in the best interest of the health, safety. convenience , order,
prosperity and welfare of the citizens of Garfield County.
4. That with the adoption of conditions. the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
5 . That with the adoptions of conditions and granting of a waiver from Section 7-107,
Roadway Standards, for the road cross section related to ditches and shoulders, the
application has adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
2
RESOLUI10N
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 for a Telecommunication Facility, also known as the Blanco
Hill Cellular Tower is hereby approved subject to compliance with the following conditions :
1. That all representations made by the Applicant in the application shall be conditions of
approval unless specifically altered by the conditions of approval of the Board.
2. That the facility shall be operated in accordance with all applicable Federal, State and local
regulations governing the operation of this type of facility including but not limited to all FCC
and FAA regulations.
3. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide updated
engineering and/or geotechnical reports to demonstrate consistency between the proposed
engineered foundation plans and the geotechnical recommendations as requested by the
referral comments from Mountain Cross Engineering. In addition the Applicant shall update
the site plan as follows:
a. Amend site plan to reflect 40 x 40 ft. leased area for the facility. "
b. The dimension of the utility cabinet shall be shown including footprint and height.
4. Prior to issuance of the Land Use Change Permit. the Applicant shall provide additional
details on the communication cabinet and whether batteries and back-up power are proposed \
in response to tbe referral comments from the Colorado River Fire Protection District. ff back-
up facilities are proposed then pursuant to the fire district reconunendations additional safety
provisions and signage shall be required.
5. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain and provide a ~
copy to the County of an Access Permit from the Colorado Department of Transportation
(CDOT) for the proposed access roadway. The Applicant shall comply with all conditions
contained therein.
6. Prior to the issuance of the Land Use Change Pennit, the Applicant shall provide a will ~
serve letter or similar confinnation of availability of service from White River Power. The
Applicant shall also clarify if back ~up power generation will be provided on the site and include
any such facilities on the site plan.
7. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide updated
3
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4 of 6 Reo Fee :SO .oa Doc Fee:0 .00 GARFlELD COUNTY CO
plans for the access road prepared by a licensed professional engineer that include:
a. Upgrading for the existing two track roadway consistent with the primitive roadway '
standards, equivalent lo the new section of driveway, including drainage improvements,
width, and surfacing. Compacted native material may be used to meet the roadway
standards.
b. Drainage improvements in the vicinity of the Highway 13 access point to address ponding ...--
and muddy conditions.
c . An updated assessment by the Engineer indicating that the driveway will be adequate to
serve the proposed use including construction related traffic.
d. The Applicant shall also provide plans/representations for ongoing maintenance of the
driveway.
e. A waiver from the primitive roadway standards for cross section details including
shoulders and ditches is acceptable for both sections of driveway subject to compliance
with the above conditions.
8. The Applicant shall maintain compliance with all FAA and FCC permitting requirements
including safety requirements and non-interference provisions.
9. Potable water and sanitation shall be addressed during construction by provision of
portable facilities in compliance with OSHA requirements.
10. The Applicant shall utilize bear proof trash containers during construction and shall
mitigate any potential impacts on wildlife consistent with standard Colorado Parks and
Wildlife (CPW) guidelines.
11. The area of disturbance shall be re-vegetated during the next growing season after
completion of construction. Dust suppression during construction activities shall be provided.
12. The tower, support infrastructure, and fencing shall utilize non-reflective materials and
neutral colors.
13. As represented in the Appli<;:ation the tower shall be designed to accommodate future
potential for co-location with other celiu]ar providers.
14. The Applicant shall maintain separation between the improvements and vegetation that
may serve as fuels during a wildfire event.
15. The Applicant shall obtain an address for the facility and post it at the access point to
facilitate emergency response.
16. The facility shall be operated in compliance with all lightning protection requirements.
4
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Reception~: 869488
10/20/2015 12 :31:44 Pl1 Jean Alberico 5 of 6 Roo Foa :SO.OD Doc Fee:0 .00 GARFlEl.O COUNTY CO
~
Dated this /j dayof ~ /J-' A.O. 20__.._ __ _
ATIEST: BOARD OF
GARFIELD
rk of the Board
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STATE OF COLORADO )
)ss
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 th~ 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.O. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
5
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EXHIBIT A
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