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Home My WebLink About4.0 Resolution 2012-69.pdfSTATE 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 16th of July A.D. 2012, there were present: ,_M""ik,.,e._S..,a.,.m,s,o~n:-------------~ Commissioner, Acting Chairman ... T..,o"'m....,J,ank"""'o"'v"'sky.,.._ ____________ ,, Commissioner ,C,.are"'-'-y_,G.,a,..g,no,n"-------------~· Acting County Attorney "'Je .. an..,_,_A_,l"'be"'n..,·co"'-------------' Clerk of the Board ... An...,.dr..,e'-"w'-'Go""'r"'g""eyl------------~· County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. :/ot:l-~'/ A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR COMMUNICATION FACILITY, ON 2,798.7 ACRE PROPERTY OWNED BY OXY USA WTP LP LOCATED IN SECTION SWl/4, SEl/4 OF SECTION 17, TOWNSIDP 7 SOUTH, RANGE 96 WEST OF THE 6™ P.M., GARFIELD COUNTY PARCEL NO# 2409-171-00-058 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 Mt. Callahan Communication Tower is located within a 2, 798.7 parcel of land owned by OXY USA WTP LP. The ownership of this property is described in a Deed found at Reception Number 754896 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in Resource Lands -Plateau zone district, approximately 3.5 miles west of the Town of Parachute. D. Communication Facility may be permitted in the Resource Lands -Plateau zone district with Limited Impact review. 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 1 . Jill All"~ ~il':i.~M'LO'Il~ Dl!h.IIWI+I .. 1 .wur.l ~ Recept ionn: 822440 •lll'lo1'11 • 1'111 ~~~~ IIIII 029t0r712012 10:24:50 RM Jean "lb . o 5 Rec Fee·$0 00 D ,., enco . . 0 ° Fee:0.00 GRRF!ELO COUNTY CO Resolution of2008, as amended. F. The Board of County Commissioners opened a public hearing on the 16th day of July, 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 Commissioners closed the public hearing on the 16"' day of July, 2012 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: I. 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 upon waiver of Sections 7-307, 7-823 (H)(l), and 7-823 (0) and compliance with conditions ofapproval, the application is in conformance with Garfield County Unified Land Use Resolution of 2008, as amended. The applicable waivers are as follows: • A waiver from Section 7-307 Roadway Standards. This waiver has been granted and determined as appropriate for the health, safety, and welfare of the future residents and the general public because the two-track road accessing the subject site will have a maximum vehicle trips per day during construction and two vehicle trips per year post-construction. • A waiver from Section 7-823 (H)(J) Landscaping and Screening. This waiver 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 its' remote location. • A waiver from Section 7-823 (0) Federal Aviation Agency (FAA) Form. 2 llll rr.~.~:flti~I,\IIIIUI'I~ 1'¥1\~P:rt!r~tw,l-l~ ~~~ IIIII Reception~: 822440 --09/07/2012 10:24:50 AM Jean Alberico 3 of 5 Reo Fee:$0.00 Oco Fee:0.00 GRRFIELD COUNTY CO This waiver has been granted and determined to be appropriate for the health, safety, and welfure 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 Mt. Callahan 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 offacility; 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. e. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 4. Prior to construction, the Applicant shall provide the Garfield County Planning 3 1111 Jll".~o~:nti~.I.\Nl~Wft.ll'l~ I'IWW~Mfii!Uui IIIII Reception**: 822:440 08/07/2012 10:24:60 AM Jean Alberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Department for their review, evidence demonstrating that the Applicant requested an extension to their existing stormwater permit from Colorado Department of Public Health and Environment (CDPHE). Once CDPHE issues the permit a copy shall be provided to Garfield County Planning Department. 5. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit information deemed sufficient by the County Attorney's Office to demonstrate legal access to the site across property owned by Chevron and Shell Frontier Oil & Gas. ATTEST: BOARD OF GARFIELD Upon motion duly made and seconded the foregomg Resol following vote: ':'C"CO::'MMI~"':'S"'-SI:":O<"-N::E::,R"-'C""HA'==IR~J"'O~HN~F:--'.'-'-M"'AR""'T-'-'IN"-'---------~· Absent ':'C.><O:"MM~ISO!'S,.r70NE~R::u>M:o:IK~E="'S"'A::-M:>:S":'O~N'=::-----------• Aye ~C~O~MMI~~ss~I~ONE~R~T~O~M~J~A~N~K~OuV~S~K~Y ___________ ~Aye STATEOFCOLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk ofthe 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 ·11111'11'• ~:tlllri,\MJI,DW,o,IVI~II\f,!olu.IW.Ml'II'UIIIIII Reception#: 822440 08/07/2012 10:24:50 ~M Jean Alberico 5 of 6 Rec Fee:$0.00 Doc Fae:0.00 GARFIELD COUNTY CO Exhibit A -Site Plan lm '!Ill ·m ,, ,., I , I I l I I , I I 5