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HomeMy WebLinkAboutR94-182special use permit Mountin Top Management3 1 Cocmnissione moved for adoption of the following 7 � k Ttasolution: �� BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - / &,2, APPROVAL OF SPECIAL USE PERMIT Mountain Top Management, Inc. Multi -User Communications Facility FILE NO: ZS- 348 -94 WHEREAS, Mountain Top Management, Inc. ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about May 26, 1994, for a multi -user communications facility within the Resource zone district, in the unincorporated area of Eagle County described as follows: A .52 acre parcel of land, leased from the U.S. Bureau of Land Management, located in the NW 1/4 of the NW 1/4 of Section, 35, T.4S., R.86W., Sixth P.M., County of Eagle, State of Colorado. iC WHEREAS, the special use permit request was considered at a public meeting by the Eagle and Colorado Valley Planning Commission on May.18, 1994 and by the Eagle County Board of County Commissioners on May 31, 1994; 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 Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, 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 of County Commissioners; 2. That the proposed special use conforms to the requirements of Section 2.09, Special Uses of the Eagle County Land Use Regulations; 3. That the proposed special use will be compatible with the 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; 5. That for the above - stated and other reasons, the proposed 551289 B -655 P -255 11/17/94 01:34P PG 1 OF 3 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 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 Mountain Top Management, Inc., File No. ZS- 348 -94, for a Special Use Permit for a multi -user communications facility within the Resource Zone District and as 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. Compliance with all BLM conditions of Right -of -Way permit approval. 2. A permanent height limitation of 20 feet, length of 40 feet and width limitation of 16 feet for the total facility. 3. Antennae (whip, panel, etc.), satellite dishes and other apparatus attached to the building tower shall be limited to 4 feet in diameter. 4. Building and apparatus color shall be of a type that will not cause glare or reflectivity and blends with natural surroundings. If glare, reflectivity or obtrusiveness because of color type occurs, the applicant will amend the surface treatment to correct the problem. 5. Building location shall be as far back from the ridgeline as possible while still achieving the communications coverage necessary and keeping removal of existing vegetation to a minimum. 6. Additional communications users shall be permitted on the Mountain Top Management facility without additional County approval if the additions comply with the above stipulated height and width limitations, visual impacts are not increased and necessary approvals are obtained from the BLM. 7. Acquisition of the appropriate permits (building, electrical, etc.) from Eagle County. 8. Compliance with Section 2.07.07: a) All storage of materials shall be within a building. b) No dust, noise, odor, glare and vibration shall be projected beyond the site. 9. All construction materials will be removed from the site. 10. Fire extinguishing devices will be installed in or on the building. 2 C . 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 Director of the Department of Community Development to provide a copy of this Resolution to the applicant. THAT the Board of County Commissioners finds, determines and declares that this Resolution is 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 of Eagl State of Colorado, at its meeting held the � of.�4 199, nunc pro tunc to the 31st day of May, 1994.� "tom" Clerk to the Bogard Commissioner of the foregoing vote was as follows: '144COUNTY OF EAGLE, STATE OF COLORADO �'By and Through its BOARD OF COUNTY COMMISSIONERS Johnnette Phi lips, Cha r of County Commissioners Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. 3 i f; . George V. Gates, Commissioner