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HomeMy WebLinkAboutR01-150 special use permit for Sprint PCS ZS-00086Commissioner moved adoption of the flowing Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001- 160 APPROVAL OF THE SPECIAL USE PERMIT for Sprint, PC,S FILE NO. ZS -00086 WHEREAS, on or about July 30th, 2001 Sprint PCS, ( "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit to construct, operate, and maintain a Low Power Telecommunications Facility on the Trinity Baptist Church property near the South Forty Subdivis =on in Edwards. The facility is proposed to consist of a 35' tall, 18" wide, stealth monopole which encases the cellular antennas, and a small equipment shed, located near the base of the monopole; located in the Resource zone district in the unincorporated area of Eagle County described as follows: Section 5, T5S, R82W, northeast of the Edwards, accessed from Highway 6, via Bull Run. See Exhibit `A' WHEREAS, This monopole is designed to accommoc ate co- locators, however, any increase in either the height and/or width of the pole, or increase of size of the equipment shelter, would require additional Special Use Permit approvals; WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission October 3rd, 2001 and by the Eagle County Board of County Commissioners on October 23rd, 2001; and, WHEREAS, based on the evidence, testimony, exhibi cs, and study of the Master Plan for the unincorporateu areas of Eagle County, comments of the Eagle County Department of 1 11111111111111111111111111111111111111111111111 777234 Page: 0 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 Board "), 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. 2. That pursuant to Eagle County Land Use Regulations Section 5 -250.13 Standards for the review of a Special Use Permit: [1] Section 5- 250.13.1. Consistent with Master Plan The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards f )r building and structural intensities and densities, and intensities of use. [2] Section 5- 250.11.2 Compatibility The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. [3] Section 5- 250.11.3 Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses [4] Section 5- 250.11.4 Design Minimizes Adverse Impact The design of the proposed Special Use DOES minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. [5] Section 5- 240.F.3.e (5) Design Minimizes Environmental Impact The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. [6] Section 5- 250.11.6 Impact on Public Facilities The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. K G C [7] Section 5- 250.B.7 Site Development Standards The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards [8] . Section 5- 250.B.8 Other Provisions The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the application of Sprint PCS, File No. ZS- 00086 for a Special Use Permit to construct, operate, and maintain a Low Power Telecommunications Facility on the Trinity Baptist Church property near the South Forty Subdivision in Edwards, consisting of a 35' tall, 18" wide, stealth monopole which encases the cellular antennas, and a small equipment shed, located near the base of the monopole, located in the Resource zone district in the unincorporated area of Eagle County described herein, be approved, subject with the following conditions, and that violation of these conditions 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. Applicant (Sprint PCS) 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 equipment on the inside of the pole, as well as any modifications to the equipment shelter. Any increase in the height of the monopole, or increase of the equipment shelter, will necessitate a new Special Use Permit. 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 Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of t1je County of Eagle, State of Colorado, at its regular meeting held the _ a day of 2001, nunc pro tunc to the 23rd day of October, 2001. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: 0 BY: y Sara J. Fisher Clerk to the Board of 'oil County Commissioners BY: '0 a mz Tom C. Stone, Chairman Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote w s as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am M. Menconi This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 4 Exhibit "N Sprint @ Trinity Baptist, Edwards ZS -00086 rj alls Edwards Interchange 300 0 300 600 900 1200 1500 1800 Feet N A lx-�A USE OF THIS MAP SHOULD RE FOR GENERAL AND INFORMATIONAL PURPOSES ONLY. EAGLE COUNTY DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. - = -_�