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HomeMy WebLinkAboutR92-088 special use permit MCI Communications at Yarmony_j ommissioner Gates moved ?tion ✓ of the following Resolu ,)n: BOARD OF COUNTY COMMISSIONERS � COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 c -9 - - APPROVAL OF SPECIAL USE PERMIT MCI Communications Corp. at Yarmony FILE NO. ZS- 319 -91 X_- r: "i WHEREAS, MCI Communications Corporation, ( "Applicant ") did M 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 ; w Eagle County described as follows: rf � All that certain parcel or tract of land situated in the Southwest One Quarter of Section 7, Township 2 South, Range 82 West of the 6th Principal Meridian, situated approximately 14 rry miles northwesterly and 4 miles northeasterly of Wolcott, I Eagle County Colorado: r_ Beginning at the most northerly corner of said tract, said point being South 80 30' 55" West 860.72 feet from the Northeast corner of Section 18 (a found brass cap), T2S, r, r R85W of the 6th P.M., said point being South 50 21' 16" rn West 1,743.78 feet; North 59 35' 21" East 100.74 feet and North 37 22' 54" West 100.74 from mile post 122 of the Denver & Rio Grande Western Railroad tracks; and running thence South 59 35' 21" West 165.35 feet parallel to the centerline of said tracks; thence South 37 22' 54" East == 55.07; thence North 52 37' 06" East 164.13 feet; thence n North 37 22' 54" West 35.0 feet to the point of Q-,c beginning. Said parcel containing 7,391.59 S.F. (0.170 Ac.) J! r•. 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, J comments of public officials and agencies, the recommendation of �C 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 forth with particularity. r. = 3. That t proposed special use wil , 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- 319 -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 BIM 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 3:00am. 3. The access at the Yarmony site will be modified to standards outlined by the County Engineer which can be complied with through the Building Permit process. 4. The 60' communication pole will be removed from consideration of this proposal. �. 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 Be 3 hereby finds, determin end declares that this Resolution ±6--necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County ofjagle, State of Color o, t its regular meeting day of COUNTY OF EAGLE, STATE OF COLORADO, By anc//fhr'Qugh Its BOARD OF COUNTY %,.ieLn w une zoara or County Commissioners L;r' Gustaf sorv1/ Chairman George GA. Gates, Commissioner _�� Donal H. Welch, Commissioner Commissioner L -ey seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner George A. Gates Commissioner Donald 'H. 'Welch- This Resolution passed by (/t/,` rllt� vote of the Board of County Commissioners of the of Eagle, State of Colorado. - 3-