HomeMy WebLinkAboutR99-146 special use permit gypsum point telecommunicationCommissioner Q moved adoption I
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. - /
APPROVAL OF SPECIAL USE PERMIT
Gypsum Point Telecommunication Site Expansion
a Mountain Top Management
\ FILE NO. ZS -00049
a
WHEREAS, Mountain Top Management, ( "Applicant ") did file an
application with the Eagle County Department of Community
Development on or about April 1, 1999 for a Special Use Permit
for a Telecommunication Facility within the Resource Zone
District, in the unincorporated area of Eagle County described as
follows:
a .52 acre parcel of land, leased from the U.S. Bureau of
Land Management, located in the NW 1/4 of the NW 1/4 of
Section 35', T4S, R86W, Sixth P.M., County of Eagle, State of
Colorado.
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 notice was provided
as required by law for the hearings before the Planning
Commission and the Board.
it
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2. That the proposed Special Use, as conditioned, conforms
to the requirements of Section 5- 250(B) of the Eagle
County Land Use Regulations, as follows:
a. The proposed Special Use is appropriate for its
proposed location and is consistent with the
purposes, goals, objectives and policies of the
Master Plan and the FLUM of the Master Plan,
including standards for building and structural
intensities and densities, and intensities of use.
b. The proposed Special Use is appropriate for its.
proposed location and compatible with the
character of surrounding land uses.
C. The proposed Special Use complies with the
standards of the zone district (Resource) in which
it is located and any standards applicable to the
particular use, as identified in Section 3 -330
(Telecommunication Facility) Review Standards
Applicable to Particular Residential Agricultural
and Resource Uses
d. The design of the proposed Special Use minimizes
adverse impacts, including visual impact of the
proposed use on adjacent lands; furthermore, the
proposed Special Use avoids 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.
e. The proposed Special Use minimizes environmental
impacts and does not cause significant
deterioration of water and air resources, wildlife
habitat, scenic resources, and other natural
resources.
f. The proposed Special Use shall be 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.
g. The proposed Special Use complies with the
appropriate standards in Article 4, Site
Development Standards
E
h. The proposed Special Use compl with all
standards imposed on it by all other applicable
provisions of these Land Use Regulations for use,
layout, and general development characteristics.
3. 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 Gypsum Point Telecommunication
Facility Expansion, File No. ZS- 00049, for a Special Use Permit
for a Telecommunication Facility 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. 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. The facility is limited to a height of 25 feet, length
of 41 feet, and width of 36 feet. Antennae (whip,
panel, etc.), satellite dishes and other apparatus
attached to the building tower shall be limited to 4
feet in diameter.
4. Additional users shall be permitted on the facility
without additional County approval if the additions
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comply with the requirements of this' and
necessary approvals are obtained from the Bureau of
Land Management.
5. 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).
6. The site plan attached hereto represents the proposed,
approved uses and is incorporated herein by this
.reference.
7. Prior to the issuance of a Certificate of Occupancy for
the expansion of the equipment building, the Eagle
County Building Dept. shall determine that the site is
free of debris and construction materials.
8. 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.
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.
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I
MOVED, READ
of the County of
held the 23 d day
of June, 1999.
ATTEST:
am
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AND ADOPTED by the Board of County Commissioners
Eagle, State of Colorado, at its regular meeting
of August, 1999, nunc pro tunc to the 28th day
to the Board of
Commissioners
COUNTY OF EAGLE, STATE OF
By and Through Its BOARD
COMMISSIONERS
Commissioner
adoption of the foregoing ReEklL
called, the vote was as follows:
COLORADO,
OF COUNTY
Commissioner Johnnette Phillips 122417
Commissioner James E. Johnson, Jr. /
Commissioner Tom C. Stone
This Resolution passed by 3 - 0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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