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HomeMy WebLinkAbout5.0 Resolution 2008-111111 101.117,K1 01,14,«1CL41:11'i4irr'i NW Reception# :- 741360 ,1 111 01/17/2008 03:23:23 PM Jean Alberico 1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STA 1E 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 7th day of January, 2008, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 8 -11 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 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 Applicant proposed to construct two sets of 4 wireless panel antennas on the roof top of a building yet to be constructed where the antennas will be located on each end of the building within the building's maximum height limit of 35 feet; 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 1/4 of the SW I/4 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 11111 WM *INIPIN11111:14711K' �I�� 11111 Reception#: 741360 ' 01117/2008 03:23:23 PM Jean Rlberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • 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. 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 7th day of January, 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 7th day of January, 2008 to make a final decision; 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) That the Communications Facilities comply with Sections 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. 1111 ET1 rtiT14ffI NASHh 'Ii ail ii"0'1111H Reception#: 741360 01/17/2008 03:23:23 PM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • 2) That the Applicant shall be obligated to meet with the residents to determine what time of day is most suitable for the regularly scheduled maintenance running of the generator. If a time cannot be agreed upon by the neighbors and Verizon Wireless, then Verizon Wireless can choose a time that best suits their needs. 3) That the proposal specifically incorporates the reduction of the four antennas on the east end of the building to two antennas and is enclosed in a roof top cupola as depicted in Exhibit R and scanned here for reference. lm rF al n tT Dated this 1 day of Al!'EST: 0hN A.D. 2008. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF I ti LD COUNTY, COLO Clerk of the Bo� Upon motion duly made in the affirmative to approv Resolution was adopted by the following vote: John Martin Larry McCown Tresi Houpt , Aye , Aye III hY 117 NII IG+ ,NI16'I+ 'l1/41i.liv'i 11111 Reception#: 741360 401 of74200Rec Fee:$©?00PM Doc00 Jean COUNTY CO STA l'E 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