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HomeMy WebLinkAboutR92-087 special use permit MCI Communications at Burns{ .mmissioner Gates moved a �tion of the following Resolut 4h: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 r APPROVAL OF SPECIAL USE PERMIT MCI Communications Corp. at Burns FILE NO. ZS- 318 -91 0 L11 d WHEREAS, MCI Communications Corporation, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about December 15, 1991, for a Special Use Permit for a fiber optic telecommunication regeneration facility, within a Resource Zone District, in the unincorporated area of Eagle County described as follows: All that certain parcel or tract of land situated in the Northeast One Quarter of Section 5, Township 5 South, Range 86 West of the 6th Principal Meridian, situated at Dotsero, Eagle County Colorado: Beginning at the Northeast corner of said tract, said point being South 58 58' 45" West 799.84 feet from the Corner 8, Tract 49 (a found brass cap), Section 5 T5S, R86W of the 6th P.M., said point of beginning lying on the West right of way line South 20 09' 00" East 497.47 feet and South 69 51' 00" West 60.00 feet from mile post 166 of the Denver & Rio Grande Western Railroad tracks; and running thence South 20 09' 00" East 254.83 feet along the West right of way line and parallel to the centerline of said tract to the Easterly right of way line of a 6 foot roadway; thence North 40 12' 52" West along the Easterly right of way line of said roadway 267.04 feet to an old fence line; thence North 67 21' 26 East along said old fence line 91.70 feet ato the point of beginning. Said parcel containing 12,558 S.F. (0.286 Ac.) and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed special use conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set 4 `i m ti r_ y Ui �.l r r') Z r x, T V J ' J a forth Cl�h particularity. C, 3. That the proposed special use will be compatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriate- ness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. 5. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of MCI Communication Corporation, File No. ZS- 318 -91, for a Special Use Permit for a fiber optic tele- communication regeneration facility within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. The sites will be painted to a BLM color standard approved by Staff. The color of the crushed gravel will also be considered and approved by Staff. These color,issues can be reviewed at Building Permit application. 2. The exhaust of the generator facility will be redesigned to more closely conform with the County's Industrial Performance Standards (60 decibel baseline, not to exceed 65 decibels for more than 15 minutes in any one hour). The automatic start -up of the auxiliary power generator at the Burns site will be restricted to the hours between 12 midnight and 3:OOam. 3. The 60' communication pole will be removed from consideration of this proposal. 4. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the (7rd hereby finds, determi /and declares that this Resolution xs necessary for the health,, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners the County ogle, State of Colora o, at its regular meeting he day of W By: �Tohnette Phillips ' Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and r gh Its BOARD OF COUNTY COMMI SIONER Richard L�u#afsq#, Chairman By George X. Gates, Commissioner Donal H. Welch, ommissioner Commissioner a lt seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner George A. Gates 2 41—� Commissioner Donald H. Welch This Resolution passed by County Commissioners of the - County of Eagle, �3- vote of the Board of State of Colorado.