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Home My WebLink About4.0 Resolution 2012-73.pdf1m N'l'•fMII"u.i',~ Wlt~1~ 111\':~f,lrLf.fMII:W~*'" IIIII Reception~: 822760 08/14/2012 02:36:52 PM Jean Alberico 1 of 6 Rao Fee:$0.~0 Doc Fee:0.00 GARFIELD COUNTY CO 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 61h day of August A.D. 2012, there were present: "'Jo"'hn....,M"""'artJ"'·"'n~------------' Commissioner Chairman ::M""i""ke"-:"'Sam"":"'s"'o"'n,--___________ _, Commissioner _._T-"om.....,J"'ank...,ou.v_,.,sk;yo,.r_ ____________ , Commissioner ,.C"'ar.,e"'y_,G..,a..,gn.,.o"'n._ ___________ ~· Acting County Attorney ,Je.,an!!!..£Al"""'be,.r,ic,oc__ ___________ _, Clerk of the Board ,_,An...,.dr.,e""w'-'G""o"'r~g"-ey,__ __________ ~, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. /JO/~-78 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A COMMUNICATION FACILITY, ON A 1,333 ACRE PROPERTY OWNED BY WPX ENERGY ROCKY MOUNTAIN, LLC LOCATED AT 4289 COUNTY ROAD 215 IN SECTION 33, TOWNSHIP 6 SOUTH, 96 RANGE WEST OF THE 6TH P.M., GARFffiLDCOUNTY . PARCEL NO# 2171 ·332-00-019 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for Communication Facility as further described in Exhibit A, SITE PLAN. B. The Parachute Creek Communications Tower is located within a subject site of 0.206 acre situated on 1,333 acre parcel of land owned by WPX Energy Rocky Mountain, LLC. The ownership of this property is described in a Commonwealth Title Company of Garfield County File No. 1201017, dated 1/24/12. C. The subject property is located within unincorporated Garfield County in Resource Lands-Gentle Slopes zone district, at 4289 County Road 215. D. Communication Facility may be permitted in the Resource Lands zone district with Limited Impact review. 1 1~1 Ml".~o fiU\,',Mii M~ I'II"=W~I~'*"rl~~ ~~~ II II I ReGeptlon#: 822760 08/14/2012 02:35:52 PM Jean Alberico 2 of 6 Reo Fea:$0.00 Doc Fee:0.00 G~RFIELD COUNTY CO E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 6th day of August, 2012 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. H. The Board of County Conunissioners closed the public hearing on the 6th day of August, 20 12 to make a final decision. I. 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. The proposed use is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are required. 4. That the application is in general conformance with the Garfield County Comprehensive Plan 2030. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 6. The following waiver from the Section 7-823 (H)(l) Landscaping and Screening contained in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) has been granted and determined as appropriate for the health, safety, and welfare of the future residents and the general public because landscaping is not necessary due to the industrial nature of the site. 7. The following waiver from the Section 7-823 (H)(2) Landscaping and Screening contained in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) has been granted and determined as appropriate for the health, safety, and welfare of the future residents and the general public because screening by means of 2 1111 W.~ofM11'11.i',l'l'll I~UMilll"'rt~lrtr.rMiiiiU.~"llllll ReGeptionn: 822760 09/14/2012 02:35:52 PM Jean Alberico 3 of 6 Reo Fee:$0.00 Ooo Fee:0.00 GARFIELD COUNTY CO fence is not necessary due to the industrial nature of the site and distance from CR 215. 8. The following waiver from the Section 7-823 (0) Federal Aviation Agency "FAA") Form contained in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) has been granted and determined to be appropriate for the health, safety, and welfare of the future residents and the general public because information from a qualified professional was provided indicating that a FAA Form 7460-1 was not required for this application. 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 for Communication Facility related to Parachute Creek Communication Tower 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; 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. 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. 3 1m Wi"•f"ll'll.i',I\IJi ~llli lt'I':WIW!t~lli!j ~·~ IIIII Reception~: 822760 08/14/2012 02:35:52 PM Jean Alberioc 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO e. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 4. Prior to the operation of the communication facility, the Applicant shall submit a copy ofthe FCC license to the Garfield County Plarming Department. Dated this /3t:_ day of fk~&af , A.D. 20 { "d- ATTEST: BOARD OF GARFIELD Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ~C~O~M~M~I~SS~I~O~NE~R~C~HA~IR~J~O~HN~F~·~M~A~R~T~IN~ ______________ ,Aye ~C~O~M~M~I~S~SI~O~NE==R~NITKE~~S~A~M~SO~N==~-------------------'Aye ~c~O~MM~r~ss~r~o~NE~R~T~O~M~J~AN~K~OuV~S~KdY ___________________ ,Aye 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 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 4 1111 W.~ofMIP'u.'',l'lfli Nih I~~ lllfl"!alil(lftlltllrU~ IIIII ReGeption~: 822760 08114/2012 02:35:52 PM Jean Rlberico 5 of e Reo Fee:$0.00 Ooo Fee:0.00 GARFIELD COUNTY CO County, at Glenwood Springs, this __ day of _______ , A.D. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 5 . illl Wo~.U,,il'll.i,M~ l~1~i¥1i l~lll~lrl:fii'I~I.W.~'~ IIIII Reception#: 822760 09/1412012 02:35:52 PM Jean Rlberioo 6 of 6 Reo F•e:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO EXHIBIT A _f -~~ "' --,;,l;i~il. ·'-~ ~"" •. '". -3l 1-..,, 6