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HomeMy WebLinkAbout4.0 Resolution 2008-11111111P1.111FAMMI.P4JANdinklefiltillii Ifig00411 tI Reeept i on#t : 756893 10/07/2008 11:10:47 AM Jean Alberico 1 e1 4 Rao Fee:$0.00 Doo 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 Plaza Building, in Glenwood Springs on Monday, the 18Th day of August, 2008, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-111 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A COMMUNICATIONS FACILITY FOR VERIZON WIRELESS ON PROPERTY OWNED BY GLENWOOD COMMERCIAL, LLC AND REVOCATION OF RESOLUTION NO. 2008-11 AND ASSOCIATED SPECIAL USE PERMIT Parcel ID: 2185-223-00-015 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received an application for a Special Use Permit (SUP) for a "Communications Facility" submitted by Verizon Wireless (the Applicant) on a property owned by Glenwood Commercial, LLC (the Owner); and WHEREAS, the subject property (the Property) is located south of the City of Glenwood Springs in the Commercial General (CG) zone district and in Study Area I of the Comprehensive Plan of 2000, and is legally described as Parcel's A and B in a portion of the NE % of the SW % of Section 22, Township 6 South, Range 89 West of the 6th P.M. having a more practical address of 2550 South State Highway 82, Glenwood Springs, CO; and WHEREAS, Section 2.02.155 of the Zoning Resolution of 1978 as amended defines a Communications Facility as "A non -inhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. IIIIIA WON 11141 Receptionft: 756893 101eT12608 11:10:47 AM Jean Rlberico 2 of 4 Rec Fee:SO.D0 Doc Fee:O.DD GARFIELO COUNTY CO Communication facilities include structures or towers, and accessory building, not including individual/personal direct -to -home satellite services"; and WHEREAS, Section 3.08.03 of the Zoning Resolution of 1978 as amended includes a Communications Facility as a SUP; and WHEREAS, the Board of County Commissioners opened a public hearing on the 18th day of August, 2008 upon the question of whether the above-described SUP for a Communications Facility should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 18th day of August, 2008 to make a final decision; and WHEREAS, the Board's approval repeals and replaces Resolution No. 2008-11 and the associated Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1) That the approval of such Communications Facilities is in the best interests of the general health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 2) That proper public notice was provided as required for the hearing before the Board of County Commissioners. 3) 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. 4) Thoma the Communications Facilities comply with -Se -aims 5.03, 5.03...13 and -9.0 -of the Zoning Resolution of 1978, as amended, if all conditions have been met. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: 1) That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 11111K IC1IIAII NI NIdtir9rihL IfW 11111 Recept!anti . 755893 10/07/3009 11:10!47 AN Jean Rlberioo 3 of 4 Roc Fee:$0.O3 Doe Fee:0.09 GARFIELD COUNTY CO 2) That the Applicant shall be obligated to meet with the residents to determine what time of day is most suitable for the regularly scheduled maintenance running of the generator. If a time cannot be agreed upon by the neighbors and Verizon Wireless, then Verizon Wireless can choose a time that best suits their needs. 3) That the proposal specifically incorporates the reduction of the four antennas on the east end of the building to two antennas; 4) A roof cupola shall enclose the antennas located on the east and west ends of the building; 5) This action taken by the Board of County Commissioners includes the revocation of the Special Use Permit memorialized in Resolution No. 2008-11 and said Resolution is repealed and replaced as a result of the approval of the amended application submittal; 6) A sign identifying the existence of a communication facility shall be placed at the entrance of the subject property and on the building housing the facility. Dated this day of (Odok4--, A.D. 2008. ATTEST: GARFIELD COUNTY BOARD OF COMMIS STONERS, G • ' . c- . , COUNTY, C C652k of the Board Upon motion duly made in the affirmative to appr. - f • . Resolution was adopted by the following vote: John Martin Larry McCown Tresi Haupt onded the for Aye , Aye Aye going 11111k' e1:7,10,811.1* *,4 1A'Ni Pi 11111 Recept i ontl : 756893 10!0712008 11:10:47 RM Jean Alberico 4 of 4 Roc Fee:S0.00 Doc Fee.0.09 GARFIELD COUNTY CO 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 County, at Glenwood Springs, this day of , A.D. 2008 County Clerk and ex -officio Clerk of the Board of County Commissioners