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Home My WebLink About13 Resolution 2014-51UPI MrdrIriffi 1111i NIi«iti,kie lM>! 51,1.11ikiddild 11111 Reception#: 853618 09/16/2014 11:05:44 RM Jean Alberico 1 of 4 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Tuesday, the 2nd day of September A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner (Absent) County Attorney , Assistant County Attorney , Clerk of the Board (Absent) County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 201 — 51 A RESOLUTION OF APPROVAL FOR AN AMENDMENT TO A LAND USE CHANGE PERMIT (RESOLUTION 2012-41) TO MODIFY A CONDITION OF APPROVAL TO MAKE THE TELECOMMUNICATION FACILITY PERMANENT, ON A 183.17 ACRE PROPERTY OWNED BY SKI SUNLIGHT, INC, LOCATED APPROXIMATELY 12.5 MILES SOUTH OF THE CITY OF GLENWOOD SPRINGS OFF COUNTY ROAD 117 IN SECTION 33, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2395-333-00-051 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request to modify Condition #5 of Resolution 2012-41 and associated Land Use Change Permit to allow for 60' tall monopole Telecommunication Facility, as further described in Resolution 2012-41. B. The Telecommunication Facility is located on an approximately 12' x 12' pad within an overall 183.17 acre parcel of land owned by Ski Sunlight, Inc. C. The subject property is located within unincorporated Garfield County in the Commercial Limited zone district, approximately 12.5 miles south of the City of Glenwood Springs, Colorado accessed by private roads off of County Roads 117. 1 ■fll l !��P�T!k'��C��,I��r t thix, tura t tow), ■I III Recept i ontt : 853618 09/16/2014 11:05:44 AM Jean ALberico 2 of 4 Rec Fee:$D.00 Doc Fee:0.00 GARFIELD COUNTY CO D. Telecommunication Facilities may be permitted in the Commercial Limited zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 2nd day of September, 2014 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 2nd day of September, 2014 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. 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. 3. That for the above stated and other reasons the proposed Amendment to the Land Use Change Permit for the Ski Sunlight, Inc. Telecommunication Facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 1111 M111JEe11fil6I11411h' r,<M'i11V:F il'AVIVI'l lilaii 11111 Reception#: 853618 09/16/2014 11:05:44 AM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Amended Land Use Change Permit for a Telecommunication Facility is hereby approved subject to compliance with the following conditions: Prior to Issuance of the Land Use Change Permit 1. The applicant shall provide Glenwood Springs and Rural Fire Protection District with MSDS sheets on all the hazardous materials and quantities that will be contained on the site and in the building. These sheets shall also be appropriately located on the cabinets and outside the fence of the site and in compliance with applicable codes. The doors to the building or equipment cabinet shall be signed in a viable location with hazardous materials identification signs as specified in NFPA 704 and Section 2703.5 in the 2009 edition of the International Fire Code (IFC). The building and area surrounding it shall comply with all the sections that apply in Chapter 27, Hazardous Materials -General Provisions and Chapters 28-44, 2009 edition of the IFC. These improvements shall be reviewed and installation confirmed by the Glenwood Springs and Rural Fire Protection District prior to issuance of the Land Use Change Permit. Other Conditions 2. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 3. That, with exception to the elimination of condition number 5 as identified in Resolution 2012-41, all other conditions from Resolution 2012-41 shall remain in effect including that the facility shall operate in accordance with all state, federal and local regulations, the tower shall be a painted / powder coated a darker non -reflective color that blends with the surrounding area, the mechanical pad shall be fenced that incorporates screening, and the facility shall be signed appropriately for all hazardous materials or applicable dangers. 4. Through the elimination of condition number 5 in Resolution 2012-41, the Land Use Change Permit for the Telecommunication Facility shall not be limited to two years. 3 1111PrdF:1191ANIV, f#h.fi+iiVIIII III ,il#6i:14411111 Reception#: 853618 09/16/2014 11:05:44 AM Jean Rlberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this 1 day of ATTEST: , A.D. 20 / rf . GARFIELD CO TY BOARD OF OMMISSIONERS, GARFIELD CO .1 TY, IOLO' DO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye , Aye , (Absent) 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 4