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Home My WebLink About3.0 Resolution 2012-41.pdf· 1111 Wi'"o~o I'~,~~~~D«<I,II~ NV\ 1-1!'-. ·"'~~~rtTrlr.U"' IIIII Receptionn: 819604 06/05/2012 10:21:00 AM Jean Rlberico 1 of 5 Reo Fee:$0.00 Coo Fee:0.00 G~RFIELD COUNTY CO STATEOFCOLORADO ) )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 7th day of May A.D. 2012, there were present: ..,Jo,.h,.n,_.M"""'art""'i"'n~----------' Commissioner Chairman ::M .. i,.ke7Sa":m,_.s.,o,.,n;--:::---:--:----:-:----:--' Commissioner Tom Jankovsky (Recused for this matter) , Commissioner ,_,An""'dr,_,e'-"w'-'G"""'or.,.g""ey'-"-----------'' County Attorney, Acting-County Manager ,C,ar.,e:J-y_,G .. a..,gn._.o,.,n..__ __________ , Assistant County Attorney ..,Je,an""-"A,.,lb,e.,r"'ic"'o'------------' Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. ~0/.1~ l..f J A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A COMMUNICATIONS FACILITY (60-FOOT TALL MONOPOLE) ON A 183.17 PROPERTY OWNED BY SKI SUNLIGHT, INC. LOCATED IN THE MAIN PARKING LOT AT THE SKI SUNLIGHT RESORT IN SECTION 33, TOWNSIDP 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 for a Land Use Change Permit to allow for a Communications Facility (consisting of a 60-foot tall monopole) as further described in the Site Plan attached hereto as Exhibit A. B. The Communications Facility is located within a 183.17-acre parcel of land owned by Ski Sunlight, Inc. The ownership of this property is described in a Deed of Trust found in Book 629, Page 842 having a Reception Number of 343470 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Commercial Limited zone district, approximately I 0 miles southeast of the City of Glenwood Springs on County Road 117 (Four Mile Road). D. A Communications Facility may be permitted in the Commercial Limited zone district I 1111 Ml".~ol'i,,~,~~~Urll!lllll.lt ... UIII:N!'C~~ ~'' IIIII Reception~: 819604 06/00/2012 10:21:00 AM Jean Alberico 2 Of 5 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO with Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact Review application resulting in the issuance of a Land Use Change Permit pursuant to the Unified Land Use Resolution of2008, as amended. F. The Board of County Commissioners opened a public hearing on the 7th day of May, 2012 for consideration of whether the requested 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. H. The Board of County Commissioners closed the public hearing on the 7th day of May, 2012 to make a fmal decision. I. 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 for a Communications Facility consisting of the construction of a 60-foot tall monopole having a 12' x 12' foot print located in the main parking lot at Ski Sunlight Resort on an 183.17-area parcel in the Commercial Limited zone district 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 conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 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. 2 lllll".~ol''''~,~~~ ,I~LNI~ ~. -·;+l~lftlrii'Ril'VL ~~~ IIIII Reception#; 819604 06/05/2012 10:21:00 AM Jean Alberico 3 of 6 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO B. The Land Use Change Permit for a Communications Facility related to construction of a 60- foot tall monopole with a 12' x 12' foot print located in the main parking lot at Ski Sunlight Resort is hereby approved subject to compliance with the following conditions: I. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of this facility and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including but not limited to the FAA and FCC. 3. The Applicant shall submit final engineering plans for the tower to the Garfield County Building and Planning Department prior to initiating construction. Construction and installation of the fence and communication cabinet shall be properly permitted with the Garfield County Building Department and meet all zoning and related requirements. 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide Staff with additional documentation or written confinnation from their telecommunications engineer that no further FCC notification is required. 5. The Applicant shall be approved for two years from the date of this approval by the BOCC. The Applicant may request additional time from the BOCC in a public meeting so long as the Applicant can demonstrate that it is making a good raith effort to obtain a permanent location. 6. The Applicant shall paint I powder coat the monopole a darker non-reflective color to better blend in with the surrounding area. 7. The Applicant shall install a screening-system incorporated within the chain-link fencing such as either dark green fabric (or other similar color) or typical slat-systems to aid in the screening of the base of the monopole and mechanical cabinet. 8. The Applicant shall install proper signage for any hazardous materials on the mechanical cabinet or fencing as applicable pursuant to the International Fire Code. !A- Dated this Lf -day of ---'~:....=..:::..:..,::,"'-------' A.D. 20 . ...;1:..:2.=--· 3 1111 Ml"o~oi'11I~,~IWI.Ii~. I.Witl(W\""MI'«. ~~~ II II I Reception~: 819604 06/05/2012 10:21:00 RM Jean Alberico 4 of 6 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO ATIEST: BOARD OF GARFIELD Upon motion duly made and seconded the fo_""=~~ following vote: by the >:C':'O:"MM~IS!.<'S=:I':'O~NE:"'R~C":!HA~IR"':"'JO~HN=:--'F.""MA""""R""T'-'IN'-'--------' Aye ':'C':'O::'MM~I:':'S':'-SI:>:O<:-NC"E"!CR'-'M=':"IKE:":":"'SAM':'::'":S':'O:-:N==-----------' Aye "'C"'O""MM~I""S"'-SI"O""N""E""R'-T"-'O>!!M"'-"JnA"-'NK""'=O'-'V'-"S"'K'-'Y~--'--------' Recused 4 1111 MI".!.I'.U!J,~M1 ~N'~Nii.III"'"""W:Irro:~l~ll, ~~111111 Reception~: 819604 I 06/05/2012 10:21:00 AM Je•n Rlb•rico 5 of 5 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO