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Home My WebLink About5.0 Resolution 2018-05VIII 1 �11C� 4'4+6k1�ll�N�l�R 11F1Y�47YJ�Fr��KI�I ,11 III Reception#: 902274 01/15/2018 04:23:35 PM Jean Alberico 1 of 5 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 Monday, the 18th day of December A.D. 2017, there were present: John Martin Mike Samson Tom Jankovsky Tari Williams Kelly Cave Jean Alberico Kevin Batchelder , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board Acting County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 02 0/K -0b-' A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A TELECOMMUNICATION FACILITY, ON A PORTION OF A 35 ACRE PROPERTY OWNED BY DAVID AND ROSLYN HATCH, AND LOCATED AT 1885 COUNTY ROAD 319, RIFLE, CO, 81650. THE PARCEL IS APPROXIMATELY 1/2 MILE SOUTH OF THE CITY OF RIFLE IN SECTION 23, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 61H P.M., GARFIELD COUNTY PARCEL NO# 2177-233-00-253 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for a Telecommunication Facility, submitted by David and Roslyn Hatch (File No. LIPA-08-17-8569). B. The Telecommunication Facility is known as the Hatch Telecommunication Tower and is proposed to be located on approximately 1,440 square feet of property owned by the David and Roslyn Hatch. Ownership of this property is described in a Personal Representative's Deed filed for record at reception Number 866434 in the office of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Rural Zone 1 5 11111 FarC141i a1Jr, R Rails AIV 1:E litl IrL ilii411111 Recept i on#i : 902274 t ico 2of 552Rec Fee:$0.00PDoc �Fee:0.00ean rGARFIELD COUNTY CO District, approximately 1/2 mile south of the City of Rifle, Colorado. D. Telecommunication Facilities may be permitted in the Rural zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact Review 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 4th day of December, 2017 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. The Board of County Commissioners continued the public hearing to the 18th day of December, 2017. H. On December 18th, 2017 the public and interested persons were given the opportunity to express their opinions regarding the application. I. The Board of County Commissioners closed the public hearing on the 18th day of December to make a final decision. J. 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 Land Use Change Permit application by David and Roslyn Hatch, for a 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 adoptions of conditions and granting of a waiver from Section 7-107, Roadway Standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 ■III nCTIVa liiiiiriAleffIrMILb #doh 11I III Reception#; 902274 01/15/2018 04:23:35 PM Jean Alberico 3 of 5 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 Land Use Change Permit for a Telecommunication Facility, also known as the Hatch Telecommunication Facility is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the conditions of approval as adopted by the Board of County Commissioners. 2. That the facility shall be operated in accordance with all applicable Federal, State and local regulations governing the operation of this type of facility including but not limited to all FCC and FAA regulations. 3. The Applicant shall maintain compliance with all FAA and FCC permitting requirements including but not limited to safety requirements, non-interference provisions, and conditions of approval. 4. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide structural and foundation engineered plans prepared by a qualified professional engineer. The tower shall be designed to carry appropriate gravity and wind loads. The engineering plans shall be reviewed and accepted by the Community Development Department and the Garfield County Engineer. 5. Prior to the issuance of the Land Use Change Permit, the applicant shall work with Colorado River Fire Rescue and the Community Development Department to ensure that the location is addressed to the satisfaction of both entities and to allow for adequate emergency response. Demonstration that this condition has been met shall be supplied from Colorado River Fire Rescue. 6. Prior to the issuance of the Land Use Change Permit, the applicant shall provide the lease between MBC Grand and the property owner to demonstrate that the telecommunication facility shall be removed upon expiration of the lease agreement. 7. Prior to the issuance of the Land Use Change Permit, the applicant shall demonstrate legal access to the site from the County Road to the use. Demonstration of legal access shall be reviewed and accepted by the Community Development Department and the County Attorney's Office. 3 II31FECfil i M 16 M W119+lilMA}+JItillk llid 1I II I Reception#: 902274 01/15/2018 04:23:35 PM Jean Rlberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 8. Prior to the issuance of the Land Use Change Permit, the applicant shall record at the Garfield County Clerk and Recorder, an Avigation and Hazard Acknowledgement or other similar documentation acceptable to the Garfield County Attorney's Office and Airport Director. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department and the County Attorney's Office. 9. No construction shall commence without all federal, state, and local permits being issued and final, including but not limited to Garfield County Building Permits, State of Colorado Electrical Permits, FAA and FCC Permits as required. 10. Potable water and sanitation shall be addressed during construction by provision of portable facilities in compliance with OSHA requirements. 11. The area of disturbance shall be re -vegetated during the next growing season after completion of construction. Dust suppression during construction activities shall be provided. 12. The facility shall be operated in compliance with all lightning protection requirements. Any light not required by the FAA shall comply with Garfield County Lighting Standards as detailed in Section 7-304 of the Land Use and Development Code. 13. The applicant shall install a Knox Box security lock and work with the Colorado River Fire District to make sure it is operational. 14. The applicant shall use the updated grading and drainage plan (Exhibit 18) for construction and operation of the tower. The applicant shall also install a culvert for grading and drainage as represented in (Exhibit 16). 15. The accessory structure shall utilize non -reflective construction materials. 16. The newly constructed access road to the use shall comply with Roadway Standards in Section 7-107 of the Land Use and Development Code. 17. The height of the tower shall not exceed 160 feet. 1111 l 1.r1«I 11I1,IWVGii'd IiAPF:IIVIIM Wil lki 111111 Reception#: 902274 01/15/2018 04:23:35 PM Jean Alberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this / ^ day of , A.D. 20 / . ATTEST: GP0IEL, c, ' FIELD COUNTY BOARD OF ISSIg ER , GARFIELD • TY, GOLD O rk of the Board� "•• �RADO" Upon motion duly made and seconded the foregoin. Resoolutio was ad q ted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 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 5