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HomeMy WebLinkAboutR99-141 Bellyache Ridge Telecommunications Site ExpansionCommissioner p�� moved adoption of t1fe following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. APPROVAL OF SPECIAL USE PERMIT Bellyache Ridge Telecommunications Site Expansion Mountain Top Management FILE NO. ZS -00048 WHEREAS, Mountain Top Management ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about April 7, 1999 for a Special Use Permit for a Telecommunications Site Expansion to include; addition of a new 15'x 36' equipment building; addition of an 80' Rohn 80 SSV tower; reduction of the height of the existing 80' high tower to 40' in height; addition of a new liquid propane generator and removal of existing generator and enclosure; and, upgrades to electrical service and wiring,, within the Resource Zone District, in the unincorporated area of Eagle County described as follows: SE 1/4, SW 1/4, Section 34, Township 4 South, Range 83 West of the 6 Principle Meridian; and WHEREAS, based on the evidence, testimony, exhibits, and 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 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 as required by law for the hearings Commission and the Board. 1 notice WAS provided before the Planning Illiil IIIII 1111111 III1I II 111111 1111111 III IIIII IIII 1111 710697 09/30/1999 01:06P 370 Sara Fisher 1 of 4 R 0.00 D 0.00 N 0.00 Eagle CO 2. That the proposed special use CONFORMS to the require- ments of Section 2.09.01 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use WILL be compatible with existing uses in the area. 4. That the following HAVE BEEN considered: That the potential effect of the use on the character of the neighborhood IS minimal; that access to and from the area IS adequate; that water and sanitary services APPEAR to be adequate; that the physical arrangement of the use on the proposed site IS appropriate; that the environmental reports show NO material adverse impacts which are not addressed by adequate mitigation measures; and that the use IS consistent with the Eagle County 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 Mountain Top Management, File No. ZS- 00048 for a Special Use Permit for Telecommunications Site Expansion, within the Resource Zone District 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. The applicant shall comply with all BLM conditions of Right - of -way permit approval. If compliance with the terms and conditions of the BLM permit referenced in this application (Application for Transportation and Utility Systems and Facilities on Federal Lands) causes non- conformance with any of the terms and conditions of this approval, this special use permit shall be subject to amendment and may be subject to revocation. Against this event, prior to the issuance of a building permit and /or grading permit, whichever shall be first, the Applicant shall submit to the Eagle County Dept. Of Community Development a copy of the executed BLM permit noted above for its review. 2 v hy3 2. Prior to the commencement of any applicable activity, the applicant shall submit to Eagle County proof of such applicable Federal, State, and Local permits and plans as are required for such activity. 3. Additional users shall be permitted on the facility without additional County approval if the additions comply with the requirements of this permit and necessary approvals are obtained from the Bureau of Land Management. 4. All uses approved by this Permit shall be subject to all applicable Site Development Standards of the Eagle County Land Use Regulations, including but not limited to, Division 4 -5 (Commercial and Industrial Performance Standards). 5. The site plan attached hereto represents the proposed, approved uses and is incorporated herein by this reference. 6. Except as otherwise modified by the Permit, all material representations of the Applicant in this application and public meeting shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. 7. The defensible space perimeter described in the Bellyache Ridge Communications Site Wildfire Defensible Space Agreement shall be maintained at all times by the applicant. 8. The Applicant shall complete all cleanup activities on the site related to construction before final inspection by Eagle County. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 16th day of August 1999, nunc pro tunc to the 2nd day of August 1999. 3 T ` COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTES �Otoaw ° All By: Sara J. Fi er Clerk to the Boa-A 4 : County Commissioners r Commissioner adoption of the foregoing Resolution called, the vote was as follows: o., aiucu The roll having been Commissioner Johnnette Phillips Commissioner Tom C. Stone Commissioner James E. Johnson, Jr. This Resolution passed by 19 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 t2An o" Johnnette Phillips, Chairman