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LANDo##i*?'r,
for
#1 I ENTERPRISES LTD
(Jnion Telephone Company Communication Facility
(Located in the Et/2 NWl/4, Section 25, Township 5 South, Range 102 West of the dh
P'M, Assessor's Parcet *-::"'r?,i::,i:
!31',!13^
morefuttv described in
In accordance with and pursuant to Section 4-107 (Amendments to an Approved Land Use
Change Permit) of the Garfield County Unified Land Use Resolution of 2008, as amended, The
Direjor of the Building and Planning Department has determined that the proposal is a non-
substantial amendment io * existing Land Use Change Permit and hereby authorizes, by this
Amended Land Use Change Permit, the following activity:
Communication Facility -Tower, Support Structures, and Infrastructure (LIPA - 6975)
including increased tower height, increased lease area, and addítional support
snuctures for the co-locøtion proposal (site plan attached as Exhibit "8").
This Amended Land Use Change Permit is hereby issued subject to the conditions set forth in
Exhibit o'4" and amends approvals granted by Resolution No. 20ll'36 set forth in Exhibit "C"
and shall be vatid only during compliance with such conditions and other applicable provisions
of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and
other regulations of the Board of County Commissioners of Garfield County, Colorado.
BUILDING AND PLANNING DEPARTMENT
GARFIELD COUNTY, COLORADO
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Fred A. Jarman, AICP
Building and Planning Director
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Exhibit A
a. Compliance w¡th all prior approvals including Resolution No. 2011-36 and
cond¡tions of approval contained therein.
b. The approval is for a leased area 60 ft. by 60 ft. containing the proposed tower
and support structures consistent with the First Amendment to Communicat¡on
Site Lease between #11 Enterprises Ltd. and Union Telephone Company (dated
June 9,2012').
c. The Applicant shall provide an update from their telecommunications eng¡neer
confirming the FAA compliance findings contained in his June 8,2011 memo are
still current and applicable to the new taller tower proposed for the co-location
facility.
d. The Applicant shall provide an updated site plan which shall be attached as an
exhibit to the Amended Land Use Change Permit issued for the non-substantial
Amendment request. The site plan shall reflect compliance with the limit to a
maximum of 464 sq.ft. of communication buildings/cabinets not including
generator buildings or propane storage.
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STATE OF COLORADO )
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At a regular f.neeting of tÍre Boa¡d of County Commissioners for Garfield County,
Colo¡ado, held in the CommissioÍer?s MeetíngRoom, Garfield County PlazaBuilding 108. 8tt'
Sbeel in Glenwo'od'Spriugs, Colorado, on Monday fhe 20b day of .June, 21ll there u'ere
present
County of Gãrfield
'lvlike Samson . Commissiorier
when tåe following proeeerlings, among others ürs¡e harT and done, t'o-wit:
RESOLT]TIOFI NO. 20 L L-36
Á. RESOLUTTON CONCERNED WI]IE THE.APPROVÁX, OF'Á. LAND USE CTIA}{GE
PERMIT, 3'OR A IJImTED IMPACT REVIEÌV ÅPPROV-AL OF A COMMUMCATEON
FACILITY ÁT THE DOUGI,AS PASS TMUO¡T TELEPHONE COMPA¡TY SruE,
LOCATED ÁFPR.O}üMA]IELY sO.Mff,ES NO. RTH OF LOiT4A. Á.NT} 4 MII,ES SOETTfr
OF T]M N¡O BI,ANCO COTJNTY LINE GFr' OF STATE HTGHWÁY 139 AND
coUNTV ROAD 256 ON PIIOFERTY OSmIED BY #1.1 EÞilrERpRISES r,Tr),
GÁRFIET,Ð COUI{TY
tFu,E NO. rJPA-67s0)
PARCEL NOíi 2 I 47-3 il -A0-0A8
Recitals
A The Board of County Commissiôners ôf Garfi.eld County, Coiorado, received an
application f,or a Land Use Change Permit for a Limited Tmpact Review for a Commuaication
Facility to allow.consfucdon of a Comnunication Tower and related support in&asfucture on
the #ll.Enterprises LTD propeflry. The Appüeation was submitted in conjunction with U-nion
Telephone Company.
B. The síte is located on less thao one acrE of an approximatdþ 594 acreparcel
owneil by #11 Enterprises LTD, on a private road which obtains access from County Raað,756
5
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and State Higbway 139. The site is approxinately 30 miles north of Loma, Colorado.
C. 'The
Communication Facility site is located nithin tle parcel described in the
S/arranty Deed between Ival and Ed.Young Inc. and #11 Enterprisejs LTD., a Colo¡ado Limited
Parbeership and Recorded at Reception Number 625891 with the Ga¡field CountSi Clerk and
Reco¡der. The site is located witbin the E1/2NW1/4, Section 25, Torvnship 5 Soutþ Range 102
l/est of the 6ô p,m., Garfield County, Colorado and fi:¡ther described in the application
docr¡ments
Ð. The subject properfy is contained within the Resource LandÆlæe¿u Zone District
aod a Land Use Ch"nge Permit for a Commrmication Facility requires approval through a
Limited T.m.pact RevieW Process by Garfield County.
E. The Boa¡d of Courúy Commissioners is authorized to approve, deny or approve
with oonditions a Land Use Chønge Pemrít for a Communication Facility, pursuant to Sectio¡s
1-301 and 44A5 of the Ga¡field County Unified Land Use Resolution of 2008, 4s zimended.
F. The Board of Co-unty Commissioners opened the public hearing on the 20th day
of June, 2011 upon the question of whether the Land Use Change Permit applicatiorq LIPA
6:750, should. be granted or denied, during whieh hearing the public and interested persons were
giventhe opporlunity to express their opinions regardingthe 4pplication.
G. The Boa¡d of County Commissioners closed the publig hearing onthe 20th day of
June, 2011 to make a final decision-
H. The Board of County Commissioners on the basis of substantial competent
evidence produced at the aforementioned hearing has ma.de the following determinations of fact:
Thæ'proper pirblic notice was provided as required for the hearing before the
Boa¡d of Court-v Com¡nissioners.
That the hearing before th-e Boa¡d of County CommissionÊrs was extensive and
compleie, tlat all pertinent facts, matters and issues were submitted or could be
submitted and that all interested parties were heard atthatmeeting-
That for the above stated and other ¡easons, the Land Use Chaqge Pennit for a
Commwrication Faeility is in the best interest of the healtb, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
That fhe application" if all conditiors a¡e met, will be in confonnance rvith the
applicable Sections of the Garfield County Unified Land Use Resolution of 2008,
as amended
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RESOLUTION
Now TEIEREF0RET BE rr RESOLVEÐ by the Boa¡d of counry commissioners of Ga¡field
County; Colorado, that:
j
A. The forgoing Recitals are ínco¡porated by this reference as paÍ of 'rhe resolution.
B. The Land Use Change Permit, LiPÁ 6750,to allowa Communication Facilify,
consisting of a Commuuication Tow-e¡ and related support skuchues and infrastructure is herebv
-approved subject to compliance with the following conditions:
1. Jhat all rgpresentations made by the Appücant in the application, and at ihe public
hearing before the Boa¡d of County Co.mmissioners, shalf be conditions.of ap.proval,
unless specifically altered by the Board of Counf5' Conrmissioners.
The operation gf this facility and any funue amendments shall be done in accordance
wifh all applieable Federal,.State and l-ocal regulations goveming the operation of this
type qf facilig including but not ümited to the FA,A. notiñcarion if applicable and FCC
requirements regarding mitigating and eliminating interference to othEis.
The Appücanf shall maintain compliance with the provisions of Section 7-823 of the
Unified Land Use Resolution of 2008 as amended includiag but not limited to mouthly
maintenance, as Proposed and a two-year review by the ıirecto¡ of A" n"ifai"g *ã
Plaming Deparbrent, provided a waiver is hereby granted to Section 7-BZ3(Ð to aliow
up to 464 sq.ft.. of total -eross floor area of eommunication buildings in. o¡der to'accommodate additional' facilities for the co-location with the Rio Bl-anco Sheriffs
DeparEnent
Th'e Applicant shall comply with the rec¡mmendation of the County.Vegetation Manager
and shall conduct annualiy a site visit by a commercial applicator to monitor and feat the
site for coyf and state listed noxious weeds if necessary.
Reclaüation of the site shall include re-grading to original o, o"to.rl contours and.
l"*diog with an appropriate seed mix approved by the County V"e"taû¡llii*ug"r.
Reseeding will include any areas disturbed for utility extensíons and access road
improvements. Reclamation shall be completed during fhe next growing season after
completion of construction.
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3
4
5
6 During the construction phase the Applicant shall provide portable toilets; storm-
water/soil erosion management as'needed for any access road improvements and site
dish¡¡bance, and shall provide for secure storage and/or daily remãvd of any trash or
refuse ûom the site.
3
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ATTEST:
of the Board
Upon motion duly made and
following vote:
ñô'N/fl\ifTesT
' '-'+LDated tni, ffday of o-lt^A A.Ð.20 f ¡
GARFIELD COUNTY
COMMISSIONERS
COUNTY,
AII construction vehicles inclurling overw'eight or oversized vehicles shall be properly
licensed and permitted-
Final engrneering plans for the tower shali be provided to the Garñeld County Building
and Planning Departrrent prior to initiating construction. Conshuction and ínstallation
of support luildings for cbinmunication equipment shatt be subject fo County Building
Permit regulations and requirements.
Expansion of the site for the Communicatio¡ Faciliqy up to a 100 ft. by i00 ff. area and.
related sþanges to foundation size and building locations shall be pennitted subject to
proper lease agreements and reclamation of.the larger'area of disturbance.
This approvai shali arÍho¡ize the consfruction of the 45 - 53 ft. tall commr¡nication tower,' support builrlings, and as needed a building for the Rib Blanco Count5, Sheriffs
Deparfine'lrt commr¡nication operations, and all related infrastructr¡re improvements
incl|,{ing propane storage and eiectric transformers. Further, the Applicant åay request
additional towe¡ height up to a total height of 120 ft, tr a non-suús:øntial amlndment,
through the amendment process set forth in Section 4-107 of the Unified Land Use
Resolution of 2008 as amende4 for the purpose of accommodating co-location on fhe
tower of Rio Blanco County Sberiffs Deparfinent communication equipment-
BOARD OF
GARFIELD
by the
flTJA TP TTìT{NT P Ït/fÂPTrl\f AYE
AYE
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Gørfield County
BUILDING & PLANNING DEPARTMENT
August 14,2012
R.W. Headd
Right of Way Supervisor
P.O. Box 160
Mountain View, WY 82939
RE: Director's Decision regarding the #11 Enterprises Non-substantial Amendment
Request regarding the Douglas Pass Union Telephone Tower - Telecommunication
Facility (File LPAA-6975)
Dear Rex:
\Mth the submittal of the executed First Amendment to your communications lease and
your supplemental Application Materials (dated 811112), your Application for a non-
substantial amendment for the Douglas Pass Tower and co-location facilities with the Rio
Blanco and Garfield County Sheriffs Departments has been deemed technically complete.
The request is for a non-substantial amendment to the Land Use Change Permit - Limited
lmpact Review issued by the Board of County Commissioners for a Telecommunication
Facility - Tower, Support Structures, and lnfrastructure on July 5, 2011. The site is
located on property in the E1l2 of the NW1/4 of Section 25, T5S, R102W, owned by #11
Enterprises LTD and also known by Assessods Parcel Number 2147-361-00-008.
Based on the Staff review and pursuant to the Unified Land Use Resolution of 2008, as
amended (ULUR), Sections 4-107( )(5Xa), and 16-101, Definition of Non-Substantial
Change, and the conditions of approval contained in Resolution No. 2011-36 (copy
attached), the Director of the Garfield County Building and Planning Department has
determined that the Amendment request is considered to be a Non-Substantial change
and has approved the proposed amendment to the Land Use Change Permit subject to
the following conditions.
a. Compliance with all prior approvals including Resolution No. 2011-36 and
conditions of approval contained therein.
b. The approval is for a leased area 60 ft. by 60 ft. containing the proposed tower and
support structures consistent with the First Amendment to Communication Site
Lease between #11 Enterprises Ltd. and Union Telephone Company (dated June 9,
2012).
c. The Applicant shall provide an update from their telecommunications engineer
confirming the FAA compliance findings contained in his June 8,2011 memo are
still current and applicable to the new taller tower proposed for the co-location
facility.
108 Eighth Street, Suite 401 . Glenwood Springs, CO 81601
(970) 945-8212 . Fax: (970) 384-3470
d. The Applicant shall provide an updated site plan which shall be attached as an
exhibit to the Amended Land Use Change Permit issued for the non-substantial
Amendment request. The site plan shall reflect compliance with the limit to a
maximum of 464 sq.ft. of communication buildings/cabinets not including generator
buildings or propane storage.
ln accordance with Section 4-107(AX6), this Director's Decision letter and notice of
decision, will be sent to the Board of County Commissioners which have a 14 day review
period in which to decide whether to reconsider (call up) the Director's Decision.
You are also required to send a notice of decision to all adjacent property owners within
200 ft. of the subject property within 5 working days of this decision. A courtesy notice
form is attached for your convenience. The Applicant must verify all information provided
in the notice is accurate and correct any deficiencies such that proper notice in form and
substance can be established. The mailing must be completed no later than August 19,
2012. Please present to the Building and Planning Department copies of certified return
receipts from your mailing once completed.
Please note that if no request for reconsideration is filed with the County within 14 days of
the date of the Director's decision, it shall become final.
Thank you for your cooperation in finalizing this decision. Please do not hesitate to
contact this office if you have any questions.
Sincerely,
Fred Jarman, AIC
Director, Department ilding and Planning
Cc: Board of County Commissioners
Carey Gagon, Assistant County Attorney
2
NOTICE OF DECISION
TAKE NOTICE that #11 Enterprises LTD in conjunction with Union Telephone Company
has applied to the Director of the Building and Planning Department, Garfield County,
State of Colorado, to request a non-substantial amendment to the Land Use Change
Permit issued for #11 Enterprises LTD for a Telecommunication Facility - Tower,
Support Structures (Resolution No.2011-36) on a property situated in the County of
Garfield, State of Colorado; to-wit:
Leqal Description:That property described in the Warranty Deed between lval
and Ed Young Inc. and #11 Enterprises LTD., a Colorado
Limited Partnership and Recorded at Reception Number
625891 with the Garfield County Clerk and Recorder. The
telecommunications tower location is further described as
being within the E1I2NW114, Section 25, Township 5 South,
Range 102 West of the 6th P.M., Garfield County, Colorado.
Practical Description The site is located approximately 30 miles north of Loma and
4 miles south of the Rio Blanco County Line off of State
Highway 139 and County Road 256.
Description of Request:The Application requests a non-substantial amendment to
allow a tower height ol 120 ft. and related support structures
associated with co-location of facilities with the Rio Blanco
Sheriffs Department. The facility is located on less than one
acre of a 594 acre parcel owned by #11 Enterprises LTD.
The property is Zoned Resource Lands - Plateau.
The Director Decision pursuant to Section 4-107(AX5)(a) of the Garfield County Unified
Land Use Resolution of 2008 (ULUR) as amended was issued on August 14,2012 and
is that the Application was determined to be a non-substantial change and to
administratively approve the amendment request subject to the following conditions:
a. Compliance with all prior approvals including Resolution No. 2011-36 and
conditions of approval contained therein.
b. The approval is for a leased area 60 ft. by 60 ft. containing the proposed tower
and support structures consistent with the First Amendment to Communication
Site Lease between #11 Enterprises Ltd. and Union Telephone Company (dated
June 9,2012).
c. The Applicant shall provide an update from their telecommunications engineer
confirming the FAA compliance findings contained in his June 8, 2011 memo are
still current and applicable to the new taller tower proposed for the co-location
facility.
d. The Applicant shall provide an updated site plan which shall be attached as an
exhibit to the Amended Land Use Change Permit issued for the non-substantial
Amendment request. The site plan shall reflect compliance with the limit to a
maximum of 464 sq.ft. of communication buildings/cabinets not including
generator buildings or propane storage.
The Board of County Commissioners may, at its discretion, decide to review the
Director's Decision within 14 calendar days of the Decision.
lf you have questions or comments regarding this decision, please contact the Garfield
County Building and Planning Department at 970-945-8212.
Building and Planning Department
Garfield County
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LANÐ USE CE{ANGE PERMIT
#1} ENTERPRTSES LTD
(Jni o n Tel ephone C omp any C ommuni c ati a n F a c il ity
(Located. inthe EI/2 NWI/4, Sectíon 25, Township 5 South, Rønge 102 West of the lh
P.M.,lssessor's Parcel No. 2147-361-00-0a8, and as morefully descríbedin
Resolution No. 201l- !!)
In acco¡da¡ce with and pursuant to the Garfield County Unified La¡d Use Resolutiou of 2008, as
amendd and Resolution No. 2}fi-2! of the Boa¡d of Couuty Co¡nmissioners. of Garfield
County,
-Støe
of Colorado, the following activity is hereby authorized by Land Use Change
Pemrit
Communication FarcÌlity -Tower, Support StrucWes, øtd Infrasiructure (LIPA - 6750)
This Land Use Change permit - Limited Impact Review is issued subject to the conditions
contained i¡ ResolutiJo Uo. 201l-$and set foth in Exhibit ",{' (attached hereto) and shall be
valid only during c,omFliance with such conditions and ot]er applicable provisiors of the
Garfield Óounty Ú"n"¿ La¡rd Use Resohfion of 2008, as amended, Builrting Code, and other
¡egulations ofthe Boa¡d of County Commissione¡s of Ga¡field County, Colorado-
GARFIELD COUNTY BOARD OF
COLINTY ONERS,
COLORA-DO
ATTEST:
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for
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sffiÂH"
of the Boa¡d
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l
Exhibit A
That a-ll representations made by the Appticant in the application, and at the public hearing before
the Board of County Commissioners, shall be conditions of approval, unless specifically alte¡ed
by the Board of Courty Commissioners;
The operation of this facility and.aly fi:ture a¡nendments sball be done in aceo¡dance with all
applicable Federal; St¿te and Local regulations.governing the operation of this t5pe of facility
inCtua;ng but not limjted, to the FAA notification if applicable a¡d FCC requirements regarding
mitigating a¡d eiiminating interference to ofhers.
The Applicant sþ¿ll mainîain compliance with the provisions of Sectiou 7-823 oî the Unified
La¡d Use Resolutiou of 2008 as amended including b.ut not limited to monthly ma.intenance as
proposed and a two-year review by the Ðjrector of the Building and Pla¡rning Departurent
provided a waiver is hereby granted to Section 7-823(Ð to ailorv up to 464 sq.ft. of total gross
floor a¡ea of communication buildings in o¡der to acconomodate additional facilities for the co-
Iocafion with the Rio Blanco Sherifls Depàrtnent
The Applicant shall comply vvith the recomrbendation of ihe Couty Vegetation Manager ard
shail conduct annually a site visit by a commercial applicator to monitor and treat the site for
county and state listed noxious weeds if necessary.
Reclamation of the site shal include re-gÞding to original or natural contours and resee¡ling with
an appropriate seed mix approved by tbe County Vegetation Manager. Reseeditg will include
any areås disturbed for utiliqv'efrensions and àccess road improvements- Recla¡nation shall be
completed during tåe next growing season after comþletion ofconstruction.
Du¡ng tle construetion phase tbe Applicant sball provide poÍable toilets, storm-water/soil
erosion management as needed for any access road improvements a¡d site disturbance, and shall
provide for secure storage a¡d./o¡ dail.v removal of any frash or refirse from the site.
All const'uction vehicles including overweight o¡ oversized vshicles shall be properly licensed
ald permitted.
Fi'lal engineering plans for ttre tower shall be provided to tìe GarEeld County Building and
Planning Deparknent prior to initiating consfuctio¡. Construction anrí installation of support
buildings foi communication. gguipment shall be subject to Courty Buildíng Þermit regulations
and requiremenfs.
Expansion of the site for tf¡e Communication Facility up ,o ^ 100 ft. by i00 ft. areaa¡d related
ehanges to foundafion size and building locations shall be permitted subject to proper lease
agrÊements and reclamation of the larger a¡ea of disturbance.
This approval shail authorize tle construction of the 45 - 53 ft. tall communicatíon tower, supÞort
buildings, and as needed a building for the Rio Blanco County Sheriffs Deparbent
communication operafions, and all ¡eJated inûastructure improvements includiag propane storage
and electrjc tua¡sformers. Fufùer, the Appticant may requÊst additionai tower heigbt up to a total
heigbt of 120 ft., as anon-subst¿ntial amendmen! through.t}e amendment process set forthin
Sectisn 4-107 of the Unified Land Use Resolution of 2008 as amended, for.the purpose of
accommodati¡g co-location on fhe towe¡ of Rio Blanco County Sheriffs Departrnent
communication equipment
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.Ëlll ffi'& HåEürdÅ Hltffi, ffift ld¡.l#f; Hffiffiç l4¡ù H,É gl ll IReception*: 8ø4933ø71øel2ø11 @9:24:12 ÃÍt Jean AlbeFico1 of 5 Rèc Fee:$Ø.@Ø Doc Fêe:ø.@@ GÉ|RFIELD C9UNTY CO
STATE OF COLORADO
Cotmty of Garfield
Mike Samson . Commissiorier
when the followingproceedings, among others were hâd and done, t'o-wit:
RESûL1¡TIOI{ NO. 20 LL-36
A RESOLUTTON CONCERNEÐ $¿ITH THE AFPR.OVAN. TF'.4. L,AND USE CT{,A-}{GE
PERMIT, FOR A LII\4ITED IMPACT RÐVIEW Á,PFR.OV-ÁI, OF'A COMMUNXCATIO]{
F'ACILITY AT THE ÐOUGLAS PASS U¡UO¡T TELEPETONE COMPANY S[TE,
LOCATED AFPR.O)üMA,TELY 30 MIT,ES NqRTTT OF LOMA ANÐ 4 MII.E,S SOEJTH
OT Tru, RIO BLÁNCÛ CÛTJNTY LINE OFF'OF STATE HIGHWAY 139 AND
coUNTY ROÁD 256, ON PROFERTY ÐWNED By #11 ENTERPRISES r,TD,
GARF'IET,Ð COUIqTY
(Ft[,ENO. LIFA.-6750)
PARCEL NO# 2 t 47-3 6 I -A0-0t8
Recitals
A. The Board of Counfy Çomrnissicl¡ers of Garfi.eld County, Coiorado, recgived an
application for a Land Use Change Permit for a Limited TmFact Review for a Commr¡nication
Facitity to allow.construction of a Commu¡ication Tower and relæed support infrastrucflire on
the #11. Enteqprises LTD propely. The Applieation was suËmitted in coqjunction with U-nion
Telçhone Company.
B. The site is located on less thau one acrq of an approximatdly 594 acreparcel
owned by #11 Enterprises LTD, on aprivate road which obtai¡rs access from County Road 256
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At a regular meeting of the Boa¡d of County Commissioners for Garfi.eid Couaty,
Colorado, held in the Commissioner?s MeetingRoom, Garfiel4 County PlazaBuilding 108 8th
Stree! in Glenwood' Springs, Colorado, on Monday the 20ú day of .JEne, 2011 there rn'ere
present:
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ø71@el2ø11 @9:24212 Ãtt Jeãn Êtberiao2 of 5 Rec Feer$ø.C¡ø Doc Fee:@.ØØ GARFIELD COUNTY CO
and State Highway 139. The site is approxinately 30 miles north of Lom4 Colorado.
C. The Communication Facility site is located ïyithin tle parcel described in the
\I/an'anty Deed between lval and Ed Young Inc. and #11 Enterprise's LTD-, a Colorado Limited
larhership and Recorded at Reception Number 62589L with the Garfield County Clerk and
Recorder. The site is located within the Eil2NWi/4, Section 25, Torvnship 5 Soutþ Range i02
V/est of the 6û p.m., Garfield Countv, Colorado and firrther described in the application
docl¡ments.
Ð. The subject properfy is contained within the Resource Land/lPlate.au Zone District
àûd a Land Use Çhange Permit for a Commrmication Facility requires approval tårough a
Limited Trnpact Review Process by Garñeld County.
E. The Board of County Commissioners is autho¡ized to approve, deny or approve
with conditions a Land Use Change Permit for a Communication Facility, pursuant to Sectio¡s
1-301 and 4-105 of the Garñeld County Unified Land Use Resolutíon of 2008, 4s ¿imended.
F. The Board of Corrnty Commissioners opened the public hearing on the 20th day
of June, 2011 upon the question of i¡¡hetler thé Land Use Change Permit application; LIPA
6750, shor:ld be granted or denied, during which hearing the public and interested persons \ryere
given the opportunity to express their opinions regarding the 4pplication.
G. The Boa¡d of Couufy Commissioners closed tåe public heari:rg onthe 2ûth day of
June, 2011 to make a fi¡al decision.
H. The Board of Counfy Com¡nissioners on the basis of substantial competent
evidence produced at the afo¡ementioned hearing has male the following determinations of fact:
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l. That proper public notice was provided as required for the hearing before the
Board of Countv Commissioners.
That the hearing before th-e Board of County Commissioners was extensive and
compleie,'rhat all pertinent facts, rnatters and issues were submitted or could be
submitted and that all interested parties were heard atthatmeeting-
That for the above stafed and other reasons) the Land Use Change Permit for a
Communication Faeility is in the best interest of the heaith, safef, morals,
convenience, order, prosperity and welfare of the citizens of Ga¡field Counfy.
That the application, if all conditions are met, will be in confonnance with the
applicable Sections of the Garñeld County Unified Land Use Resolution of 2008,
as amended
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Receotion$; 8ø4933
ø7tødt2ø11 Ø9t24:12 All Jean Ftlberico3 of 5 Reo Fee:$@.ØØ Doc Fee;@.ØØ GHRFIELD GOUNTY C0
RESOLUTION
No\ry THEREFûRE, BE rT REsoLvEÐ by the Boa¡d of cou:rry commissioners of Garfieid
County; Colorado, thaÍ
A. The forgoing Recitals are íncorporated by this reference as part of 'rhe resolution-
B. The Laud Use Change Permif LIPA 6750,to allow ¿ f,e¡¡¡¡'ni"utioo Facilify,
consisting of a Communication Tower and related support skuctures and infrastructrue is herebv
.approved subjectto compliance with the following conditions:..
1. That all representations made by the Applicant in the application, and at ^rhe public
hearing before fhe Boa¡d of County Co.mmissioners, shall be conditions. of approval,
unless specifically alte¡ed by the Board of county commissioners;
2. The operation gf úis facitity and any futrue amend¡nents shall be done in accordance
i¡¡ith ali applicable Federal,.state and Lscal regulations governing the operation of this
type qf facility including but not limited to the FAA notificarion if appliiable and FCC
requirements regarding mitigating and eliminating interference to ethEis-
3- The Applicant shall maintain compliance with the provisions of Section 7-g23 of the
Unified Land Use Resoiution of 2008 as amended includiqg but not limited to monthly
maintenance, as proposed" and a two-year review by the ıirecto¡ of the g6lrting anã
Planning Departnent, provided a waiver is hereby gra:rted to Seetion 7-BZ3(I) to allow
up to 464 sq-ft. of totai gross floor area of communication buildings d ord.er to
accommodate additional facilities for the co-location with the Rio Blanco Sheriffs
Departnent
4' The Applicant shall comply wi'rh the recommendation of the County.Vegetation Manager
and shall eonduct annuaþ a site visit by a commercial applicator to monitor and treat the
site for couaty aad state listed noxious weeds if necessary.
Reclauation of the site shall include re-grading to originat or natural contours and
reseeil.ing with an. appropriate seed, mix approved by the Co,rof Vrg"ãi-";ñr*-
Reseeding will include æy a¡eas disturbed for utility extensíons and access road
improvements. Reclamation shali be completed during the next growing season after
completion of construction.
6.During the construction phase the Applicant shall provide portabie toilets; storm-
water/soil'erosion management as needed for any access roâd improve¡nents and site
disturbance, and shall provide for secure slorage and/or daily removal of any trash or
refi¡se ûom the site.
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ø71øA'12ø11 Ø9t24t1.? Atl Jean Alberico4 of 5 Rec Fee:$O.ØØ Doc Fèe,ø.øø GARFIELD COUNTY CO
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ATTEST:
tã\-
of the Board
Upon motion duJy made and
following vote:
GARFIELD COUNTY
COMMTSSIONERS,
COLINTY"
AII conskuction vehicles including overw-eight o¡ oversized vehicles shall be properly
li censed and perrnitted-
Finat--engineelqg plans for the tower shall be provided to the Ga¡ñeld County Buitding
and Planning Departnent prior to initiating construction. Consbuction and installation
of support luildings for côinmunication equipment shail be subject to County Building
Permit regulations and requirements.
Expansion of the site for the Communicatio:r Facüity up to a 100 ft. by 100 ft. area and
related changes to foundation size and building locations shall be permitted subject to
proper lease agreements and reclamation of.the larger'area of disiurbance.
This approval shali ar¡tho¡ize the const'uction of the 45 - 53 ft. tall commr¡nication tower,' support buildings, and as needed a bui]ding for the Rio Blanco Count¡, Sheriffs
Deparfinent communication operations, and all related inûastructure imirovemenæ
including propane storage and elecfric hansformers. Further, the Applicant åay request
additional tow-er height up to a total height of 120 ft., tr a non-substantial amendment,
tbnough the amendment process set forth in Section 4-107 of the Unified Land. Use
Resolution of 2008 as amende4 for the purpose of accommodating co-location on the
tower of Rio Blanco Counû Sheriffs Deparfinent ssrunirnisation equipment-
t-+{
Dated this Ð - day of -J^Á . A.D.20I_F
BOARD OF
GARFIELD
by the
AY,E
AYE
AYE
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STATE OF COLORADO
County of Garfield
I, . County Clerk and ex-officio Clerk of the Board of
County Corirmissioners, in ani for the County ¿ind State aforesaid, d.o hereby certify tlat tbe
annexed and forègoing.Resolution is truly copied from tþe Reco¡ds of the Proceeding of the
Boa¡d of County Commissioners for said Ga¡field Corurty, 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. 20_.
Cor:nty Clerk and ex-officio Clerk of the Boa¡-d of County Commìssioners
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