The URL can be used to link to this page

Home My WebLink About5.0 Resolution 2004-70111111111111Rini 111111111111111111111111111111111 658363 08/20/2004 11:39A 61615 P540 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss ) 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 9th day of August, 2004, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 4— 7 0 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A COMMUNICATIONS FACILITY (60 -FOOT FM TRANSLATOR TOWER) ON A PROPERTY OWNED BY CHAD AND KRISTIN CAMPBELL LOCATED IN THE NW ' OF THE SE '/ OF SECTION 16, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH PM Parcel ID: 2407-164-00-074 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for a "Communications Facility" submitted by Chad and Kristin Campbell to erect a 60 -foot tall FM translator tower for the benefit of Marantha Broadcasting; and WHEREAS, the subject property contains approximately 40 acres, is located approximately 1.5 miles east of the Battlement Mesa community in the AIR/RD zone district and is legally described as being located in the NW % of the SE % of Section 16, Township 7 South, Range 95 West of the 6th PM; and WHEREAS, the Board of County Commissioners opened a public hearing on the 9th day of August, 2004 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 1 111111 11111 1111111 111 111111 111111 11111 III 11111 1111 1111 658805 08/27/2004 08:51A 61617 P486 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO issuance of said SUP; and 1111111 11111 1111111 111 1111111 11111 111E0 11111 11111111 658363 08/20/2004 11:39A B1615 P541 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board of County Commissioners closed the public hearing on the 9th day of August, 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 publication, 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 a 60 - foot tall FM translator 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 considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2) 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: a. 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 70/7460-1 AC70 / 7460-1K. b. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency (ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires i iniii 11111 1111111 nuum 111111 11111 111 11111 1111 1111 658805 08/27/2004 08:51A B1617 P487 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO separate notice to the FAA. 1 uiiii 11111 1111111 111 iuiiu 11111 lull iii 11111 1111 uii 658363 08/20/2004 11:39A B1615 P542 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO c. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. d. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. 3) That all colors used on the tower, if any, shall not make the tower reflect light or stand out from the surrounding and background vegetation. 4) The tower shall be available for additional users to co -locate on the tower at a reasonable rate and the owner of the tower can only deny co -location requests for technical reasons. Dated this 1 7th day of August , A.D. 2004. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFI D COUNTY, CO O Upon motion duly made and seconded the foregoin the following vote: John Martin Larry McCown Tresi Houpt 1 irui 11111 1111111 nniiiii iiiiii 11111 111 11111 1111 ini 658805 08/27/2004 08:51A 81617 P488 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss ) 1 iuiii 11111 1111111 111 iiiiiii uiu iiui iii 11111 1111 uii 658363 08/20/2004 11:39A 81615 P543 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 2004 County Clerk and ex -officio Clerk of the Board of County Commissioners 1111111 11111 1111111 ill 111111111111 11111II1 1111111111111 658805 08/27/2004 08:51A B1617 P489 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO