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HomeMy WebLinkAboutR92-125 special use permit Cooley Mesa Substation Holy CrossWHEREAS, on December 11, 1990, the Board of County Commis- sioners of Eagle County ( "the Board ") tabled the application to G=a January 15, 1991, when, based on the evidence, testimony, Grin exhibits, study of the Master Plan for the unincorporated areas G 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 G all interested parties, the the Board found as follows: ID, G `.7 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. 3. That the proposed special use will be compatible with existing uses in the area. * s Commissioner Cd %e s moved adoption Z of the following Resolution: y � BOARD OF COUNTY COMMISSIONERS rni COUNTY OF EAGLE, STATE OF COLORADO o RESOLUTION NO. 92 - % a r- r e ti G V4- APPROVAL OF SPECIAL USE PERMIT rrj-_ Cooley Mesa Substation, Holy Cross Electric Association FILE NO. ZS- 301 -90 WHEREAS, Holy Cross Electric Association, Inc.,'~ ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about October 15, 1990, Ln r)(r, for a Special Use Permit for an electricity distribution substa- tion located on,-Holy Cross Electric Association property, within a Resource Zone District,'in the unincorporated area of Eagle County described as follows: See Exhibit "A" attached hereto and incor- ) p porated herein by this reference. 11 -n and r, Ln WHEREAS, on December 11, 1990, the Board of County Commis- sioners of Eagle County ( "the Board ") tabled the application to G=a January 15, 1991, when, based on the evidence, testimony, Grin exhibits, study of the Master Plan for the unincorporated areas G 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 G all interested parties, the the Board found as follows: ID, G `.7 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. 3. That the proposed special use will be compatible with existing uses in the area. `a x 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 pro- posed 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 Holy Cross Electric Association, -- File No.-- ZS- 301 -90, -for a Special Use Permit - for -an electricity - distribution substation 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 applicant shall satisfy a $1,000.00 contribution requirement as agreed to by the Division of Wildlife for a winter range enhancement project; 2. The soil material removed from the substation site shall be used in a landscaped berm at least six feet high along the Applicant's front property line, with particular attention paid to the line of sight due south of the airport entrance road; 3. The slash from the site is to be mulched and delivered to Upper Eagle Valley Consolidated Sanitation District for incorporation into their sludge composting process, or used beneficially on the above - mentioned berm; 4. The soil sterilization of the site shall be limited to the use of the product Hyvar X in conjunction with spot treatment of OUST or equivalent residual herbicides; 5. The issuance of this permit is conditional upon receipt of a written favorable response from the FAA Northwest Mountain Regional Office. M 6. 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 satisfac- torily resolved by the staff. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. THAT, this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of- Eagle, State of Colorado, at its regular meeting held- the / day of 1992, nunc pro tunc January 15, 1991. County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Richard L. Gustafson, Chairman Donald H. Welch, Commissioner George ,&K_. Gates, Commissioner Commissioner p� seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: -3- � J Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by g -6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. ZS- 301 -90 -4- EXHIBIT "A" HOLY CROSS ELECTRIC ASSOCIATION, INC. APPLICATION FOR SPECIAL USE PERMIT (COOLEY MESA SUBSTATION) ITEM 5b A parcel of land in Section 10, Township 5 South, Range 85 West of the 6th P.M., Eagle County, Colorado, described as follows: Beginning at'the Northwest Corner of Lot 2Pof said Section 10, thence N. 890 31' 37" E. 1,000.00 feet along the Northerly line of Lots 1 and 2, thence S. 0* 04' 57" E. 1,276.75 feet to the northerly right -of -way of the transmission line, thence S. 89° 49' 07" W. 999.98 feet along the right -of -way to the westerly boundary of Lot 3 of said Section 10, thence N. 09 04' 57" W. 1,271.66 feet to the point of-- beginning. G