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Home My WebLink AboutR97-087 special use permit Nextel at aspen basalt campgroundCon �sioner ( ,,y &— moved adk ;_ ton of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91 - `37 APPROVAL OF SPECIAL USE PERMIT Nextel Communications at the Aspen- Basalt Campground FILE NO. ZS - 00010 WHEREAS, Nextel Communications, represented by Site Acquisition Services. Inc. , ('Applicant ") did file an application with the Eagle County Department of Community Development on or about March 15. 1997 , for a Special Use Permit for a radio antenna for commercial use in which transmissions are sold to customers (digital cellular). SECTION 2.06.01(3)1)8) , within a Resource Zone District, in the unincorporated area of Eagle County described as follows: Aspen - Basalt Campground (legal attached) 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 requirements 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. 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, appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. Page 1 of 3 3 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 Nextel Communications, represented by Site Acquisition Services. Inc. , File No. ZS -00010 , for a Special Use Permit for a radio antenna for comercial use in which transmissions are sold to consumers (digital cellular), SECTION 2.06.01(3).x)8) 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: A building permit is required. 2. Should the current land use as a camper park change, the Special Use Permit shall be subject to further county review; Any trees removed as a result of construction shall be replaced by an equal or greater caliper. 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 Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. Page 2 of 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the &U, day of , 1997, nunc pro tunc to the 17th day of June , 1997. 04 LA4LF CO v (((�� jjj G e �� a N I K N � ✓ Y�C ATTEST: `°LOft"°� By: L n4jA� Sara J. Fishe Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS f s By:i� ette Phillips, Chairman George A. dates, Commissioner James E. Johnson, Jr., Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates Commissioner James E. Johnson, Jr. This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 3 of 3 EAGLE COUNTY COLORADO A parcel of land situated in Tracts No. 51,59, and 60 of Section 11, Township 8 South, Range 87 West of the Sixth Principal Meridian, lying Southwesterly of the Southwesterly right -of -way line of Colorado State Highway No. 82, Northerly of tteMortharly right -of -way line of a County Road as constructed and in place, and Easterly of the Westerly lines of said Tracts No. 51, 59, and 60, said parcel of land is described as follows: Beginning at an iron post with a brass cap found in place and properly marked for Angle Point No. 3 of said Tract No. 51 and Angle Point No_ 2 of said Tract No. 59; thence N.00'43'00" W. along the Westerly line of said Tract No. 51, 535.25 feet to a point on the Southwesterly.right -of -way line oil said highway; thence S.36'51'03" E. 137.57 feat along said right -of -way line; thence S.40'58'03" E. 110.92 feet along said right -al-way line; thence S_44' 25=34" E. 94.85 feet along said right -of -way line; thence S.4636 E. 251.80 feet along said right -of -way line; thence 8.23'58'25" W_ 117.79 feet; thence 133.91 feat along the arc of a curve to.the right, having a radius of 46.70 feet, the chord of which bears: S.32'01 W. 92.53 feet; thence N.73' 07 W. 37.55 feet; thence S.66'01'15" W. 69.66 feet; thence S.00 E. 590.19 feet to a point on the Northerly right -of -way ling of said County Road; thence S.84'25 1 33.84 feet along said right -of -way line; thence 169.74 feet along the arc of a curve to the right, having a radius of 318.80 feet, the chord of which bears: N.80'19 W. 167.74 feet.to a point on the West- erly line of said Tract No. 60; thence N.00'30'00 "1 - 1. along the Westerly line of said Tract No. 60, 390.26 feet, to an iron post with a brass cap found in place and properly marked for Angle Point No. 2 of said Tract No. 60 and Angle Point No. 3 of said Tract No. 59; thence N.00'43 W. along the Westerly line of said Tract No. 59, 277.86 feat to Angle Point No. 2 of said Tract No. 59, the point of beginning, containing 6.18 acres, more or less. Together with a parcel of land situated in Tract No. 60. of Section 11, _ Township 8 South, Range 87 West of the Sixth Principal t4eridian, lying Southerly of the Southerly right -of -way line of a County Road as constructed and in place, Northerly of the center of the Roaring Fork River and Easterly of the Westerly line of said Tract No. 60, said parcel of land is described as follows: Beginning at a point on the Westerly line of said Tract No. 60, said point being on the Southerly right- of-uray line of said County Road whence an iron post with a brass cap found in place and properly marked for Angle Point No. 2 of said Tract No. 60 bears: N.00'30'00" 11_•455.55 feet; thence 173.63 feet along the arc of a curve to the left, having a radius of 378.80 feet, the chord of which bears: 5.82'26'33 "E. 172.11 feet; thence N.84 E. 28.61 feet along the Southerly right -of -way line of said County Road; thence 5.00''3530" E. 101.48 feet to a point in the center of said river; thence S_73'04'00" W. along the center of said river, 207.55 feet to a poinfi - on the West erIy line of said Tract No. 60; thence N.00'30'00" W. along the Westerly line of said Tract No. 60, 181.79:feet to a point on the Southerly right -of -way line of said County Road, the point of beginning, containing 0.61 acres, more or less. Tha:above described parcelsof land contain a total.of 6.79 acres, more or less_