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HomeMy WebLinkAboutR94-198 special use permit eagle water tank cell facilityCommissioner �q moved for adoption of the following Resolution: ( BOARD OF COUNTY COMMISSIONERS j 0 COUNTY OF EAGLE, STATE OF COLORADO Q RESOLUTION NO. 94 o APPROVAL OF SPECIAL USE PERMIT W o Cellular One, Inc. Eagle Water Tank Cellular Telecommunications Facility FILE NO: ZS- 353 -94 m WHEREAS, Cellular One, Inc. ( "Applicant ") did file an o application with the Eagle County Department of Community o "o Development on or about June 13, 1994, for an amendment to an o existing special use permit for an existing multi -user y communications facility within the Resource zone district, in the x unincorporated area of Eagle County described as follows: w.8 H Facilities to be located on. the Town of Eagle water tank, with 0 ., o lease from the Town of Eagle, in Tract 40 of Section 4, T. 5 - S., R. 84 W., Sixth P.M., County of Eagle, State of Colorado, o east of the Town of Eagle boundary. .,d. -P o WHEREAS, the special use permit amendment request was o considered at a public meeting by the Eagle and Colorado Valley I Planning Commission on August 3, 1994 and by the Eagle County Board � of County Commissioners on August 16, 1994; and to r .W WHEREAS, based on the evidence testimony, exhibits, study of ° the Master Plan for the unincorporated areas of Eagle County, P 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 i w the County of Eagle, State of Colorado, finds as follows: w 1. That proper publication and public notice was provided as 014 required by law for the hearings before the Planning 00 Cd Commission and the Board of County Commissioners; Cq $4 2 . That the proposed special use conforms to the requirements of U� CO 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 � e special use is in the best morals, convenience, order, citizens of Eagle County. "h 9 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 -353- 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. A permanent limitation of three 10' whip antennas and one 4' -6' satellite dish attached to the water tank; 2. Equipment mounted on the water tank shall be painted to match the existing tank color; 3. The accessory equipment building shall be sited in a final location that most stringently limits its visibility from outside of the site boundaries; 4. Appropriate permits (building, electrical, etc.) must be acquired from Eagle County; 5. 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. 6. All construction materials shall be removed from the site and a fire extinguisher shall be available at the site. 7. All disturbed ground areas shall be returned to their initial condition or better. 8. Approval contingent upon Town of Eagle final site and easement lease agreement approval. 9. All utilities to the telecommunications facility must be placed underground. 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 2 and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of P County 5yf Eagle, State of Colorado, at its meeting held the day of 1LI ✓I1N1L b , 199 nunc 13ro tunc to the 16th day of August, 1994. I 3, .i� ATTEST: C1 k to the Board` of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS fir -.� /J i -_ Phil ChAir George ,K. Gates, Commissioner Commissioner \— /r l4/ of the foregoing resolution. The roll was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr _ seconded adoption been called, the vote 3