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Home My WebLink About4.0 Resolution 2012-22.pdf1i11 MY'• ~~~~~~~II', ftl.ll IIW.Irr.tlll(~ltli ~~~~ IIIII Reception~: 816757 04/02/2012 02:35$0:2400PMD JeFae"e·R0lb0~~b~FIELD COUNTY CO 1 gf 6 Reo Fee: . oc .. STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioner's Meeting Room, Garfield County Plaza Building, I 08 gth Street, in Glenwood Springs, Colorado, on Monday the 19th day of March, 2012 there were present: ,Jo'=hn"'"'M:""art'-"in"'------------' Commissioner Chairman .,M .. ik,.,e"--""Sam"""'s""o""n~---------• Commissioner _._T-"om"'-'J"'ank"':'o!..!v..,sky"-'-----------'' Commissioner '-'An...,.dr..,e"'w'-'G""o"'r""g""eyz...._ _________ , County Attorney, Acting County Manager -"C""ar"'e::.,y_,G,..a.,.gn:"o"'n"-----------' Assistant County Attorney "Je!<!an!!!.,£A:>ll.!ibe,.r""ic,oc..._ __________ , Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. d-Dt;/-.;:;>~ A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR A LIMITED IMPACT REVIEW APPROVAL OF A COMMUNICATION FACILITY-TELECOMMUNICATION TOWER AT THE HUNTER MESA-ENCANA SITE, LOCATED APPROXIMATELY 5.4 MILES SOUTHEAST OF RIFLE OFF OF COUNTY ROAD 319, ON PROPERTY OWNED BY BENZEL LAND LLLP (FILE NO. LIPA-7054) PARCEL NO# 2177-3 62-00-345 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from Benzel Land LLLP ("Applicant"), in conjunction with Encana Oil and Gas (USA) Inc. for a Land Use Change Permit for a Communication Facility-Telecommunication Tower and related support infrastructure, through a Limited Impact Review Process. B. The Applicant's site (the "Property) is located on less than one acre of an approximately 1,991 acre parcel owned by Benzel Land LLLP, accessed by private roads off of County Road 319. The site is located approximately 5.4 miles Southeast of Rifle, Colorado. 1111 Wi'".1. ~~11'1AI'IJ~III«.IL'l~ WIWI.PI\:Ij.IIC.IIi~ ~~~~ IIIII · Recept~on~: 816757 04/02/2012 02:35:24 PM Jean Alberico 2 of 6 Rae Fee:$0.00 Doo Fee:0.00 GARFIElD COUNTV CO C. The Property is located within the SEV. SEV., Section 1, TIS, R93W and further described in Exhibit "A" and the attached Site Plan, Exhibit "B". D. The Property is located within the Rural zone district and a Land Use Change Permit for a Communication Facility -Telecommunication Tower requires approval through a Limited Impact Review Process by Garfield County. E. The Board of County Commissioners is authorized to approve, deny or approve with conditions a Land Use Change Permit for a Communication Facility, pursuant to Sections 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of 2008, as amended ("ULUR"). F. The Board of County Commissioners opened a public hearing on the 19th day of March 2012 upon the question of whether the Land Use Change Permit application should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 19th day of March, 2012, to make a final decision. H. The Board of County Commissioners 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. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for a · Communication Facility is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare ofthe citizens of Garfield County. 4. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of2008, 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 II II wr,~, fiM'I~IIfi.IIIUM~ imri'W~I,r.~~ I'II/I,~·~ IIIII Reception#: 816757 04/0Z/2012 02:35:24 PM Jean Alberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B. The Land Use Change Permit, LIPA 7054, to allow a Communication Facility- Telecommunication Tower and related support structures and infrastructure 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 offacility including but not limited tci the FAA and FCC. 3. The Applicant shall maintain compliance with the provisions of Section 7-823 of the Unified Land Use Resolution of 2008 as amended including but not limited to maintenance as proposed and a two year review to by the Director of the Building and Planning Department. 4. The area of disturbance shall be re-vegetated during the next growing season after completion of construction. Compliance with long term reclamation plans contained in the Application shall be required. 5. During the construction phase the Applicant shall provide portable toilets, storm- water/soil erosion management as needed for site disturbance, and shall provide for secure storage and/or daily removal of any trash or refuse from the site. 6. Final engineering plans for the tower shall be provided to the Garfield County Building and Planning Department prior to initiating construction. Construction and installation of any fences or communication cabinet buildings shall be properly permitted with the Garfield County Building Department and meet all zoning and related requirements. 7. Compliance with the recommendations of the CTL Thompson, Geotechnical Investigation dated 12/21/11 shall be required for construction of the tower and foundation. 8. Compliance with the Colorado Parks and Wildlife (CPW) recommendations contained in their February 22, 2012 letter shall be required including avoidance of construction activities between December 1" and April 151 \ the addition of 1 -2 native forbs to the re-vegetation seed mix, and compliance with CPW fencing best management practices if fences are proposed in the future. 3 1111 Ml".1. ~.IM'I~DtiL It~. I"" ~fllrlo':lrl~lill~.l-1!1..~·11. IIIII Reception~: 816757 04/02/2012 02:35:24 PM Jean Alberioo 4 of 6 Reo Fea:$0.00 Ooo Fee:0.00 GARFIELO COUNTY CO 9. The Applicant shall confirm in writing with Xcel Energy that power is available to the facility and shall obtain any Utility Permits for construction within County ROW's as applicable. -'~ ~~ fL .. iJ Dated thisOI. day of__,~=t'=""----' A.D. 20..13::._. ATTEST: GARFIELD COUNTY COMMISSIONERS, BOARD OF GARFIELD COUNTY ORADO Upon motion duly made and seconded the tltkl:goil'lg'~ following vote: ~C~O~M~M~I~SS=I~O~N=ER~C~HA~IR~JO~HN~~F.~MAR~~T~IN~---------------'AYE ~C~O~M~M~I~SS~I~O~N~ER~M~IK~E~S~A~M~S~O~N~--------------------'AYE ~C~O~M~M~I~SS~I~O~N~ER~T~O~M~J~A~N~K~O~V~S~K~Y~------------------'AYE STATE OF COLORADO ) )ss County of Garfield ) 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 1111 l'r.1. ~:a'\ii'IM'ofJ~ HUI.IIy,llf(k'!I'WI~I~.J; IM~"LIIIII Reception~: 816757 04/02/2012 02:a5:24 PM Jean Alberico 5 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" J(lwpflbW 6 Soolb,. R'U!B HI! W~~ ,Section. 25: WliZ i'>e!:tihllll gil; $]!liN£, SE ll<i Sm:tk'lil 31'k El/2 ~io11. 36: Ali &o!.i<m l; LM B (24 !!.lll!J~). J,.o; 1t (2( """'"),Sill.! S~ijn 2' ~All l (21UI!l ,....,;,), Ell.f!SIU/4 5 1111 M\".1. FJtii'IAMII,IMI~liHII!'"I+l~l""l~' II~~~~~ IIIII Reception~: 816757 04/0212012 02:35:24 PM Jean Alberico 6 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "B" PROPOSED COMMUNICATION TOWER SITE PLAN I 1 ,( I l ••w ·' I fi'AD '"Qfl.(~ ()t:t.fl?':.>l;_(' .,,r-, fw_:l-'!1! -::•l ..,. -~:~-~: (1_1~:.! •~n : .·. ·· ... 7 /!Pf'/,Rf.\JT ~i!!;![J,G[ 01/•Y,f!fC,I-jJP Fll<'-"'7~! _./,·~~ u_;: PM"CU flO • .-! T1~5 .. ·Ji.".'i-~~- IJh tV I! lr I i :i 'I i .,,_ 6 ; .