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HomeMy WebLinkAbout4.0 Resolution 2002-77LUll I[L;il!f U U!t []! Uru#i l| quFr r t of 3 R 0.00 D O.0O GRRFIELD COUNTV Co----'-' tt/ STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Cornmissioners for Garfield County, Colorado, held in the Commissioners'MeetingRoom, Garfield CountyCourthouse, inGlenwood Springs onMonday, the 6th day of May, 2002, there were present: John Martin Commissioner Chairman Larry McCown , Cornmissioner WaIt Stowe . Commissioner Don DeFord , County Attorney, Mildred Alsdorf , Clerk of the Board Ed Green . County ![anager when the following proceedings, among others were had and done, to-wit: RESOLUIIONNO. 2r'o^_.17 . A RESOLUTION CONCERNED WITH TIIE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR RICI{ARD A}ID KAREN RHoADES AND NTCH CoLoRADo, INC. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Richard and Karen Rhoades and NTCH Colorado, Inc., conterned with a Special Use Permit to allow for Communication Facility; WHEREAS, the Board held a public hearing on the 6th day of May, 2002 upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearingthe public and interested persons were given the opportunity to e4press their opinions regarding the issuance ofsaid Special Use Perrnit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: l. That proper publication and public notice was provided as required by law 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 and that all interested parties wereheard at that hearing. 3. That the application is in compliance with the Garfietd County Zoning Resolution of 1978, as arnended. ) )ss ) 4ap :1' ill]il llllt llilll lllll llll lllll llllll5lllllllll llll 60E4E2 08/07/20s2 04r23P 81376 PZfi, il RLSD0RF 2 of 3 R 0,00 O O.OO GRRFIELD COUNTY C0 4- For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperityandwet[are ofthe citizens ofGarfield County. NOW, TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Perrnit be and hereby is approved to allow for a cornmunication facility, upon the following specific conditions: 1' All representations of the applicant made in the application and during the public hearing shall be considered conditions of approval, unless approved otherwise by the Board of County Commissioners. 2 The applicant shall have one year from the date of approval to coqstruct the communications facilities. Ifthe communication equipment becomes obsolete or inoperable for any period of twelve months, the applicant shall remove the tower and accessory building from the property. 3. The applicant shall provide a copy of the FCC license for the initial company providing telecommturication service from the site, prior to the issuance of the Special Use Permit.. Prior to the addition of any other carriers to the site, the applicant will provide a copy of the FCC license for the company collocating on the site. 4- An exception is granted from the height restrictions based on the applicant satisfactorily addressing the criteria in Section 5.03.13 (3)(a-c) ofthe Garfield Counry Zoning Regulations. 5. The applicant will allow for co-location of other communications facilities on the site, if it is physically and technically feasfule. 6. The applicant provide a copy of the clearance fromthe FAA for the proposed tower prior to issuance of a Special Use Permit. 7. The applicant obtain a license fromthe City of Rifle for the use of the access road prior to the issuance of the Special Use Permit. 8. The powerline to the existing Rifle water tank is btried in accordance with all applicable electrical codes, Xcel Energy requirements and other applicable municipal standards. 9. The Applicant procures an access license for use of the water tank roadway and conform to the required terms and conditions therein. 10. The applicant shalt maintain proper secr:rity of the City water tank site at all times during and after construction- LL'l!,! lul;il llu lll []!I[ lilul lI I ilHrr I 3 or 3 R o,oa D o.oo cAnriE[o-cbUfrry co Dated 165 5th day of August ATTEST: A.D.2002 GARFIELD COIINTY BOARD OF COMMS SIONERS, GARFIELD COUNTY, COLORADO COMMISSTONIIR WALTER A. STOWE Aye COMMISSIONER LARRY L. MCCOWN Aye STATE OF COLORADO County of GarEeld County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the Cotrnty and State aforesaid do hereby certiff that the annexed and foregoing Resolution is truly copied fromthe Records of the Proceeding of the Board of County Commissioners for said Garfield Corunty, now in my office. IN MTNESS WHEREOF, I have hereunto set my hand and affxed the seal of said County, at Glenwood Springs, this _ day of 4.D.2402. County Clerk and ex-officio C1erk of the Board of County Commissioners ) )ss )