No preview available
HomeMy WebLinkAboutR94-197 special use permit for Colorado High Country Cell Facility�j O � A 0 U O w - �o Commissioner Resolution: � � f7 moved for adoption of the following BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - 1� 7 APPROVAL OF SPECIAL USE PERMIT AMENDMENT Colorado High Country Cellular d.ba. Cellular One, Inc. Multi -User Communications Facility FILE NO: ZS- 317 -94 -A F W N 0 U 0 P4 _'4 t- S4 r� 0 C) U 0 er +� rn q � 0 c 0 CD U N N to co W o _, s4 Lo v (D I 0 w w rn h m at Cd N Fa in cn WHEREAS, Colorado High Country Cellular d.b.a. Cellular One, Inc. ( "Applicant ") did file an application with the Eagle County Department of Community Development oy or about May 23, 1994, for an amendment to an existing special use permit for an existing multi -user communications facility within the Resource zone district, in the unincorporated area of Eagle County described as follows: A parcel of land, leased from the L.S. Forest Service, in the NE 1/4 of the SW 1/4 of Section 15, T. 5 S., R. 81 W., Sixth P.M., County of Eagle, State of Colorado, on the north side of Interstate 70 at Dowd Junction. WHEREAS, the amended special use permit request was considered at a public meeting by the Eagle and Colorado Valley Planning Commission on July 20, 1994 and by the Eagle County Board of County Commissioners on August 2, 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 r " 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 1 J arrangement of the use on the proposed site, and consistency with the Master Plan; S. 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 High Country Cellular d.b.a. Cellular One, Inc., File No. ZS- 317 -94, for an amended Special Use Permit for a multi -user communications 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 approved Forest Service Special Use Permit and process; 2. Tower lighting is not permitted; 3. Total tower height shall be limited to 80' tower plus 10' whip antennas and painted to match existing facility color or as otherwise recommended by the Forest Service; 4. Satellite dishes attached to the tower shall be limited to 6' in diameter; Antenna width shall be limited to 4 1 ; 5. Additional communications users shall be permitted on the High Country Cellular d.b.a. Cellular One facility (tower and building) without additional County approval if the additions comply with the above stipulated height, width and color limitations and necessary approvals are obtained from the Forest Service for facility expansion; 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. 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 2 declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. Mi BY Cl of of was MOVED, READ AND ADOPTED by the Board of County Commissioners o the County o Eagle, State of Colorado, at its meeting held the day of:r> r August, 1994. 199, nunc pro tunc to the 2nd day of Commissioner the foregoing resolution as follows: The roll having been called, the7 vote Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. f 3 George X. Gates, Commissioner