HomeMy WebLinkAbout3.0 Resolution 2004-43Lllttllllllt uILl !illil til lllil lillll lll ltil illl lllt652433 05/20/2004 08:58A 81589 F+qc il nr_ioofi1 of 4 R O.AO D @.O@ GRRFIELD COUNTY CO
STATE OF COLORADO
County of Garfieid
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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 1Oth day of May , zoo4,there were present:
John Martin Commissioner Chairman
Larry McCown , Commissioner
Trdsi Houpt . Commissioner
Don DeFord , County Attorney
ulAr"a e , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2OO4_43
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR A COMMLINICATIONS FACILITY ON A PROPERTY OWNED BY
MOTINTAIN STATES COMMTINICATION, INC
Parcel ID : 2 I 85-1 74-00-0 I 4
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for a "Communications Facility" submitted
by Mountain States Communication, Inc. to erect a communications tower for KMTS in
order to comply with the Federal Communications Commission (FCC) regulations on
Red Mountain; and
WHEREAS, the subject properly contains approximately 40 acres, is located on
Red Mountain above the City of Glenwood Springs in the A/R/RD zone district and in
Study Area I of the Comprehensive Plan of 2000, and is legally described as NE % of the
SE % of Section i7, Township 6 South, Range 89 West of the 6th p.M.; and
WHEREAS, the Board of County Commissioners opened a public hearing on the
3'd day of May,2004 and continued ihe public hearingio uay'l0th,2004 ulon 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 ihe
opportunity to express their opinions regarding the issuance of said sUp; and
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WHEREAS, the Board of County Commissioners closed the public hearing on the
10th day of May, 2004 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts :
1. That proper pubiication, public notice, and posting was provided as required by law
for the hearings before the Board of County Commissioners.
2. That the public hearing before Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings.
3. The proposed subdivision of land conforms to Sections 2.02.155,3.02.03,5.03, and
5.03.13 of the Garfield County Zoning Resolution of 1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the SUP request for a "Communications Facility" is approved to erect an 80'
tall tower with the following 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
conditions of approval, unless specifically altered by the Board of County
Commissioners.
2. Thatthe Applicant shall construct a tower no taller than 80 feet as measured from
natural grade that will a1low for an antenna to transmit from KMTS. The base
location of the tower shall be at least 70 linear feet directly to the west of the
existing 41' tower. The area around the base of the tower on the ground shall be
fenced in order to preclude the general public from coming within 70 feet of the
torver in all directions.
As represented by Mountain States Communications, Inc during the public
hearing, the Applicant shall be required to honor their commitment to remove the
pole portion of the existing 41' KMTS tower so that the overall height is reduced
to comply with the 25' height restriction in the A/R/RD zone district.
The Applicant shall continuously remain in compliance with the requirements of
the Federal Aviation Administration (FAA), as stated in the "Determination of No
Hazard to Air Navigation" including:
aJ.
4.
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a) The proponent [the Applicant] agrees to electromagnetic conditions in
letter dated October 10,2002;
b) Therefore, this determination is conditional in that upon receipt of
notification from the FCC that harmful interference is being caused by
the licensee's transmitter, the licensee shall either immediately reduce
the power to the point of no interference, cease operation, or take such
immediate corrective action as is necessary to eliminate the harmful
interference; and
c) Any additional broadcast stations at this iocation, or increases in
effective radiated powff or antennae height shall require another study.
d) Based on this elevation, marking and lighting are not necessary for
aviation safety. However, if marking and/ or lighting are accomplished
on a voluntary basis, we recommend it be installed and maintained in
accordance with FAA advisory Circular 7017460-1AC70 I 7460-7K.
5. That, as rnay be allowed by the regulations of the Fedeial Aviation
Administration, the tower shall not be lighted or painted.
6. No permit shall be granted until the Applicant has provided proof to the County
that the properfy has legal access to the property over and across properties owned
by the City of Glenwood Springs.
Dated this 17hh day of May , A.D. 2004.
ATTEST:GARFIELD
BOARD
COLINTY
OF
COMMISSIONERS,
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Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin , Aye
Larry McCown , AYe
Tr6si Hount -,
Nay
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 amexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said GarfielC Corrnty, no'',v in rny
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.2004
County Clerk and ex-officio Clerk of the Board of County Commissioners