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HomeMy WebLinkAboutR94-196 special use permit for Christine Wildlife Area Cell FacilityCommissioner l .a moved for adoption of the following / Resolution: UU ,� BOARD OF COUNTY COMMISSIONERS Q COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 0 W ° APPROVAL OF SPECIAL USE PERMIT W o Cellular one, Inc. Christine Wildlife Area Cellular Telecommunications Facility FILE No.: ZS- 354 -94 WHEREAS, Cellular One, Inc. ( "Applicant ") did file w an application with the Eagle County Department of Community o -0 Development on or about June 13, 1994, for a special use permit for o a cellular telecommunications facility within the Resource 0) zone district, in the unincorporated area of Eagle County described W follows: as c� a� A parcel of land within Christine State Wildlife Area, approx. 1 mile northwest of Basalt, in Section 12, Township 8 South, U Range 87 West of the 6th P.M., County of Eagle, State of Colorado. 0 rn a WHEREAS, the special use permit request was considered at L o U a public meeting by the Roaring Fork Planning Commission on August 4, C and by the Eagle County Board of County Commissioners on August 16, 1994; and w WHEREAS, based on the evidence, testimony, exhibits, study of co the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, a. comments of public officials and agencies, the recommendation of cO the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board of County Commissioners of . N the County of Eagle, State of Colorado, finds as follows: w 1. That proper publication and public notice was provided as required by law for 001; c ' the hearings before the Planning Commission and the Board of County Commissioners; c., N Cd 2. That the proposed special use conforms to the requirements of L o En 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 1 with the Master Plan; 5. That for the above - stated special use is in the best morals, convenience, order, citizens of Eagle County. and other reasons, the proposed interest of the health, safety, prosperity and welfare of the NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the application of Cellular One, Inc., File No. ZS -354- 94, for a Special Use Permit for a cellular telecommunications facility within the Resources 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 requirements of the Division of Wildlife conditions of right -of -way approval; 2. No lighting shall be associated with the proposed equipment additions to the tower by Cellular One; 3. The Cellular One equipment located on the existing Public Service tower shall be limited to 4 whip antennas, a maximum of 10' high, mounted on the top or side of the existing 62' tower. Said antennas shall be a color that is determined to blend most effectively with the surrounding landscape by applicant and County staff; 4. Additional communication equipment (antennas, satellite dishes, etc.) shall be permitted on the Cellular One building without additional County approval if the additions do not project more than 10' above the roof of the building (which will be 10' to 12' above ground level), are colored to blend with the surrounding landscape and necessary approvals are obtained from the Division of Wildlife for facility expansion; 5. All disturbed areas will be reseeded following completion of construction /installation activities; 6. Acquisition of the appropriate permits (building, electrical, etc.) from Eagle County; 7. Compliance with Section 2.07.07: a) All storage of materials shall be within a building or obscured by a fence; b) No dust, noise, odor, glare and vibration shall be projected beyond the site. 8. Approval contingent upon final approval of all lease agreements between Cellular one and Public Service and the Division of Wildlife. 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. 2 r 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 o the County of State of Colorado, at its meeting g held the L I) day of �y r� ; 199 41 , nunc pro tunc to the 16th day of August, 1994. of County Commissioners Commissioner of the foregoing rf was as follows: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS k ohn t n W ette Phillips, C air ILL= VUI� Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. M 4