The URL can be used to link to this page

Home My WebLink About4.0 Resolution 2012-61.pdf1111 Wi'".1. ~~11'11',\MII WILIV'li !rarr.lrlr!.:l!'r,IMI'~Il. ~~i II II I Rece~tlon~: 821497 07/18/2012 08:28:44 ~ Jean Alberico 1 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEOFCOLORADO ) )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 Courthouse, in Glenwood Springs on, Monday, the 9th day of July A.D. 2012, there were present: ,..,Jo"'hn"'-"M"'arti"""'"n.,__ _____________ , Commissioner Chairman ~M.uik~e,_,S~am!!Wls:!l!on!!.._ ____________ __,.Commissioru:r ~r""om~J,anki"""'ov...,s,.,ky.,_ ____________ __,, Commissioner -"C,.ar.,ey~G,.agn~o,.,n~-------------'·__,, Acting County Attorney ,..,Jean~£A!;!!lbe~ri~co"-----------------' Clerk of the Board "'An"""dre""-"w'-'G"'o""rg~e"-'y'--------------'' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO • .;( 0 I ;;J-k I A RESOLUTION APPROVING THREE LAND USE CHANGE PERMITS FOR "COMMUNICATION FACILITIES". THE THREE FACILITIES ARE TO.BE OPERATED BY, AND LOCATED ON LAND OWNED BY, ENCANA OIL & GAS (USA), INC. THE SITES ARE LOCATED ON THE NORTH PARACHUTE RANCH AND MORE FULLY DESCRIBED AS: LONG RIDGE FACILITY-PARCEL 2135-273-00-015 in the SW114 SE 114 Section 19, Township 5S, Range 95W of the 6th P.M. SOUTH MIDDLE FORK FACILITY-PARCEL 2171-041-00-021 in theSE~ Seetion 36, Township 6S,Range 96W ofthe 6th P.M. UPPER GATE FACILITY-PARCEL 1917-274-00-012 in the NW ~ Section 25, Township SS,Rang.e 96W of the 61b P.M. GARFIELD. COUNTY Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Limited Impact Review requesting three Land Use Change Permits for "Communication Facilities" within a property owned by Encana Oil & Gas (USA), Inc. B. The subject parcel for the Long Ridge and Upper Gate facilities is legally described in a Special Warranty Deed recorded at Reception Number 655347 in the records of the Garfield County Clerk and Recorded. 1 -, 1111 W.~o n'MW,\MI~~ ~~lrA"MIVI~II'II''ImU. ~~~~ IIIII Ree&ption~: 821497 . 07/18/2012 09·29·44 AM Jean Alber1co 2 of 7 R~c Fee:$0.~0 Doc Fee:0.00 GARFIELD COUNTY CO C. The subject parcel for the South Middle Fork facility is legally described in a Quit Claim Deed recorded at Reception Number 655348 in records of the Garfield County Clerk and Recorder. D. The subject parcels are within the Resource Zone District, where such use is permitted through a Limited Impact review process. E. The Board of County Commissioners opened a public hearing on the 9lh day of July, 2012 when the question of whether the above-described Land Use Change Permits should be granted or denied was considered, and during which hearing the public interested persons were given the opportunity to express their opinions regarding the issuance of said Permit. F. The Board of County Commissioners closed the public hearing on the 9lh of July, 2012 to make a decision regarding the request. G. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: I. Proper posting and public notice were provided as required for the meeting before the Board of County Commissioners. 2. The meeting 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. The above stated and other reasons, the proposed Land Use Change Permit has been determined to be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon granting of variances to development standards and compliance with conditions of approval, the application has met the requirements of the Garfield County Comprehensive Plan 2030, as amended. 5. That, upon granting of variances to development standards and compliance with conditions of approval, the application has met the requirements of the Garfield County Unified Land Use Resolution of2008, 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. Land Use Change Permits fur three "Communication Facilities" located on the North 2 1111 Ml'.~r f:.111'i,\DI'II, ~,,11'1\\ lrlfl:l.w~hl\"tii':I'IIU M•'.l. IIIII Reception~; 821497 07/18/2012 08:28:44 RM Jean Alberioc 3 of 7 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Parachute Ranch as more fully described in Exhibits A, B, and C, are 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; 2. The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3. Any area of disturbance associated with construction the three facilities shall be re- vegetated during the next growing season after completion of construction. Compliance with long term reclamation plans contained in the Application shall be required; 4. The facility shall be required to comply with the following standards: a. 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. b. 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. c. 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. d. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. e. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 5. The Applicant shall submit a copy of the updated Stormwater Management Plan once nmewed. 6. Prior to issuance of the Land Use Change Permit the Applicant shall submit metes and bounds descriptions of the three telecommunication facilities and update the site plan with the description. Dated this l L. day of_:S-=-:-"'""=>..:'VI"'t---'' A.D. 20__l.b. \ 3 1111 W.1. 'IM'i,\I'Pil~ IIi~ l't'l'. ~tw.l"tii:M'I-t'l. ~·~ IIIII Reception": 821497 07/18/2012 09:28:44 AM Jean Alberico 4 of 7 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ATTEST: GARFffiLD COUNTY BOARD OF COMMISSIONERS, GARFffiLD COUNTY, CO RAD Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: · ~C~O~MMI~~ss~I~O~NEBR~C~HMR~~J~O~HN~F~-~MAR~~TINuu _______________ ,Aye ~C~O~MMI~=SS=I=ON~ER~M=OCE~~SAM~~S=ON==~----------------~·Aye ~C~O~MMI~~ss~I~ONE~R~T~O~M~J~~~~OwV~S~K~Y----------------~~,Aye STATEOFCOLORADO ) )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 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. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4 • • i ~ I "',, J' '', I I I 1: ! § ··------------,------•·-----, I ~ • t ----- I ! • I r I f I l I 8 >-,__ ~ () / ' ,' ~-.,._ ', r-',,\ '•/ l ' ' I l -------: ~ (; ·: .. •• •• ·-i! • ~ • ' ' ' '