HomeMy WebLinkAboutDirector's DecisionGarfield County
June 18, 2014
At&T & SBA II LLC
c/o Justin Hadley
110 E. 1750 N.
Orem, UT 84057
RE: DIRECTOR'S DECISION - Amended Land Use Change Permit
Burning Mountain Land and Cattle LLC — (File No. SUAA-7831)
Dear Mr. Hadley:
This Director's Decision letter is provided to you as the authorized representative
for the Burning Mountain Land and Cattle LLC, AT&T amendment application for
the Limited Impact Review Land Use Change Permit issued for a Communication
Facility pursuant to Resolution No. 2001-17 on property known by Assessor's
Parcel No. 2123-3314-00-016. The Application has also been amended as a
Modification pursuant to a Director's Decision (Amended Land Use Change Permit
— Reception Number 840678). The current Application for an amendment requests
allowance for an increase in the leased area for AT&T as shown on the approved
site plan. The changes will result in an increase of 200 sq.ft. The Application also
requests adding AT&T antenna locations on the tower at a height of approximately
70 feet, but retaining the overall height of the tower at 100 ft. The proposed
changes are typical and accessory to the operation of a telecommunication facility.
Your Application has been reviewed in accordance with the Land Use and
Development Code, Section 4-106 "Amendments to an Approved Land Use
Change Permit". The provisions of this Section provide for a Decision by the
Director of the Community Development Department as to whether the proposed
amendment is a Minor Modification or Substantial Modification.
Based on the criteria found in Section 4-106(C), the Director has found your
amendment request to be a Minor Modification and has approved your requested
amendment subject to the following conditions:
1
1. That all representations of the Applicant contained in the Amendment
Application submittals including the revised site plan and tower diagram (attached
as Exhibit "A") shall be conditions of approval unless specifically amended or
modified by the conditions contained herein.
2. All previous conditions of approval contained in Resolution No. 2001-17,
attached as Exhibit "B", shall remain in effect.
3. The Applicant shall maintain compliance with all FAA and FCC
requirements as required by the Land Use and Development Code.
In accordance with Section 4-106(B)(1)(a) and this Director's Decision Letter, an
Amended Land Use Change Permit will be issued by the Director of the
Community Development Department.
Sincerely,
Fred Jarman, AICP
Director of Garfield County Community Development Department
2
Exhibit A
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Exhibit B
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578604 04/03/2001 02:21P 81242 P354 11 ALSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
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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 19th of March 2001, there were present:
, Commissioner Chairman
, Commissioner
(absent) , Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
John Martin
Larry McCown
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2001-17
A RESOLUTION F A SPECIAL
APPLICATION FOR ONE (1) 0100 -FOOT TELECOMMUNICATIONNED FOR ROVAL OUSE PERMIT
TOWER.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from NTCH Colorado, Inc for a special use permit to allow for the
approval of one (1) 100 -foot telecommunication towers.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 19th day of March, 2001 upon the question of whether the above described
telecommunication tower should be granted or denied, at which hearing the public and interested
persons were given the opportunity to express their opinions concerning the approval of said
special use permit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the
basis of substantial competent evidence produced at the aforementioned hearing, has made the
following determination of fact as listed below:
A. That proper public notice was provided as required for the hearing before the Board of
County Commissioners;
B. That 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;
C. That for the above stated and other reasons, the proposed special use permit is in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County;
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578604 04/03/2001 02.21P 51242 P355 M RLSDORF
2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
D. That the application is in conformance with the Garfield County Zoning Resolution of
1978, as amended;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado that the NTCH Colorado, Inc. tower is hereby approved subject to compliance
with all of the following specific conditions:
I. The applicant will allow future co -locations.
2. This facility, including the tower, will be painted to blend in with the background, the color will be
approved by the planning department.
3. If the tower becomes dormant for more than six months either the lower owner or the landowner is
required to remove the tower at their expense.
4. That all representations of the applicant, either written or stated at the hearing before the Board of
County Commissioners, shall be considered conditions of approval.
5. That the applicant will meet all requirements of the Garfield County Zoning Resolution of 1978, as
amended.
Dated this 2" day of April, A.D. 2001
GARFIELD COUNTY BOARD OF
COUNTY COMMISSIONERS,
GARFIEQL COUNTY,
Brett YF t6'Board Chai
Upon motion duly made and seconded the foregoing Resrl on was adopted .y the
following vote: Aye
,Aye
Aye
COMMTSSTONER CHAIRMAN JOHN FL -MART -119
COMMISSIONER WALTER A. STOWE
COMMISSIONER LARRY L. MCCOWN
STATE OF COLORADO
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, 1 have hereunto set my hand and Aaffixee .D. Otiee seal of said
County, at Glenwood Springs, this _ day of
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