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HomeMy WebLinkAboutR07-142 Emergency Services Special Use PermitCommissioner L~ o ~--r moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE IOF COLORADO RESOLUTION N0.2007 - l Y APPROVAL OF THE SPECIAL USE PERMIT for the EMERGENCY SERVICES TELECOMMUNICATIONS EQUIPMENT at the UNION PACIFIC "BLOWOUT" TELECOMMUNICATIONS FACILITY FILE NO. ZS-00161 WHEREAS, on or about Mazch 2°d, 2007, the Emergency Management Director (herein after "Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit to install, operate, and maintain new, Low Power Telecommunications equipment on the existing Union Pacific "Blowout" tower/Telecommunication Facility on BLM lands, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: Section 21, Township 4S, Range 86W, north of Dotsero, northwest of Gypsum, located on Blowout Hill, accessed via Bureau of Land Management roads (see attached Exhibit A); and WHEREAS, the existing facility was originally approved in 2002 (via ZS-00097) and permitted Union Pacific Railroad to construct a tower (with a maximum height of 110') to be used for communication and signaling along its tracks up the Colorado River Road. Originally using solar energy, electricity will be established for the improved site; and WHEREAS, Union Pacific also achieved a zoning Variance allowing the maximum height of the facility to be a maximum of 110' (via ZV-00021); and WHEREAS, this telecommunications site is necessary in this area in order to fill gaps in public safety radio communications up the Colorado River Road and along the western I-70 corridor; and WHEREAS, this Special Use Permit shall supersede the previous approval and carries forwazd the conditions of approval for ZS-00097; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on November 7~', 2007 and by the Eagle County Board of County Commissioners on December 4~', 2007; and Page 1 of 4 WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated azeas 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 Boadd"), fmds 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 pursuant to Eagle County Land Use Regulations Section 5-250.B Standazds for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and is sufficiently consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS sufficiently compatible with the chazacter of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOE5 comply with the standazds of the zone district in which it is located and the standazds applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. (4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN sufficiently avoid significant adverse impact on surrounding lands regazding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN sufficiently avoid adverse impact on surrounding lands regazding noise and traffic, and WILL NOT create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL sufficiently minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (6) Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. ('n Site Development Standards It is anticipated that the proposed Special Use WILL sufficiently comply with all applicable standards in Article 4, Site Development Standazds upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES sufficiently comply with all standazds imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for the Emergency Services Telecommunications Equipment at the Union Pacific "Blowout" Telecommunication Facility, located in the Resource Zone District, in the unincorporated azea of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Height of the facility may not exceed that allowed by the original Variance (Eagle County File No. ZV-00021). Height limitation is 110' maximum, and includes any antenna, lightening rod, etc. which is attached to the top of the tower itself. The applicant must provide the Community Development Department with any updated or new agreements, including but not limited to lease agreements, patents and/or easements from the facility/property owners: Union Pacific (lease azea, tower) and BLM (underlying land). 4. Union Pacific Railroad or Eagle County Emergency Management; shall notify the Community Development Director when altering or modifying equipment on the Telecommunications Facility. Notification shall include both a written description and detailed plans showing new and/or altered equipment on the structures as well as any modifications to the equipment shelter. 5. If additional users wish to install equipment on the tower, the co-locator must notify the Community Development Director prior to the initial installation, and any subsequent alterations or modifications of their equipment in the Telecommunications Facility thereafter. Notification shall include both a written description and detailed plans showing equipment on the outside of the tower, as well as any modifications to the equipment shelter. Any increase in the height of the tower, or expansion of the 3,500 sq ft facility/existing lease azea, will necessitate a new Special Use Permit. 6. This tower shall not be illuminated unless required by the FAA. Further, exterior lighting on shelters is limited to flush mounted, down-cast, motion sensor lighting. 7. Buildings and/or equipment shall utilize non-reflective, natural fmish materials and colors designed to "blend" in with the surrounding landscape. Page 3 of 4 THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Boazd hereby fmds, 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 Eagle, State of Colorado, at its regular meeting held the I ° ~ ~ day of ~d ? u~.~~tM22007, Hunt pro tunc to the 4~` day of December, 2007. ~ ~ ~ ~' ATTEST: BY: 1~ii `~ . OF COLORADO, By and TY COMMISSIONERS Peter F. Runyon, Commissioner S seconded adoption of the foregoing resolution. 'The roll having been called, the vote was as follows: Commissioner Arn M. Menconi 1~~- '^ Commissioner Sara J. Fisher ~-~-~, h Commissioner Peter F. Runyon /~-+., y This Resolution passed by ~ / ~ County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page 4 of 4 EXHIBIT A ~, ~ __ , ~' ~ 1 2tv ~ , - i ~ .. ` "dh ~°r ~. v i r' x1n. ~ r ~ (. `r ~.~ 1 ~~- 1\.ft•~,")t ~ ~ ~ _' 1e~ t ~ -', 1 ~}.~'~ /'~v' Jr''r j,cy ~r~ ~) 11~ 1 ri .~"-' ~~~"'_~ f ~'°`/~~ ~uL '~!~ 1 ' ~ i~~--~- ~~? /!tip J} / - t i ~ ~ ~ 4 ~ ~~ 4 '~., ~~ ; ~ ~><+~ 1~ t~+( '~ f `-it ~' ~~l !::- ";. r i`., ., ,/4 ~~ ~ ~ ~ ~ ~~ h 1 ~ , ~~ ~ f r ;-~~ "17 f~l,{.i~ ~ s i Ill-~~ ~~~ ` O ',,~ ~ ~ ~~/ i~' ~ fi~~l ~ ~ f/ i / } ~ ~ ~ ,i / ~~.~ , 1' ` / I+`I _ 1l 11i ~ti ~ sssjjj} ~~,(i / / ~v 1 ~ivr.~ 1 ~~~ '--~. i"' I ~. _ ~ 1_. '_ J C J_ ~`~ J "-`~, ~ ~' 1 _~i I ~ ~ t ~ ~ I` f~ 7 ~ ~~ i : ~ ~ --`; .. I! .t~4 / ~ < ~~ ro ~( ~~ ~ ` 1' j ~ ~~ ~i~~~~ ~ f (~ l ~1= ~t. = "~ ~ V / /~'1~'E~ ~ :. ~ ~ ,-_ ,~ - SITE ~., \` / ,.' ) 1 \ / ' ~ `: _ /~ ~,. 1~ ^') } f % L. ~ ~~ ~~ "~ ~~ i "~~ //fit v j/ ~ , ~_ , ~ I.+ ' 1.. /~ ` _. ~ " " ~ '~ - , i~ ~. 1 ? 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