HomeMy WebLinkAboutR99-184 approving sprint spectrum exemption�3
Commissioner f11/ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 99 -
A RESOLUTION APPROVING THE
SPRINT SPECTRUM WOLCOTT SUBDIVISION EXEMPTION
WHEREAS, Sprint Spectrum L.P. has on July 2, 1999, made application to the Board of
County Commissioners of Eagle County, Colorado, for a Special Use Permit to construct and
operate a wireless telecommunications facility within the boundaries of a parcel of land owned
ti and operated as a utility substation by Holy Cross Electric Association, Inc., described as Lot 1,
[} Section 21, Township 4 South, Range 83 West of the 6' Prime Meridian, Eagle County,
{ Colorado; and
WHEREAS, Holy Cross Electric Association, Inc., and Sprint Spectrum L.P. have
entered into a long term lease arrangement whereby Sprint Spectrum L.P. would lease .
approximately 1,000 square feet of land within said site and construct and operate said wireless
telecommunications facility at that site; and
WHEREAS, Section 5 -270, "Subdivision Exemption ", of the Eagle County Land Use
Regulations permit the Eagle County Board of County Commissioners to exempt any division of
land which it determines is not within the purposes of Section 5 -280, "Subdivision'; and
WHEREAS, the creation of the above mentioned leasehold is solely for the purpose of
developing and maintaining the proposed telecommunications site and is not to create a separate
parcel of land for dwelling or other uses; and
WHEREAS, the Board of County Commissioners of Eagle County, Colorado, has
granted by Resolution said Special Use Permit conditional in part upon the submission by Sprint
Spectrum L.P. and approval by the Board of County Commissioners of Eagle County of an
application for an exemption to C.R.S. 30 -28 -101 and the Eagle County Land Use Regulations;
and
WHEREAS, Sprint Spectrum L.P. has applied for an exemption for the proposed
leasehold; and
WHEREAS, The Board finds that the creation of the proposed leasehold, as such, is not
a division of real property within the purposes of Eagle County Land Use Regulations, Section 5-
280, "Subdivision ".
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714208 11/08/1999 05:10P 370 Sara Fisher
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, pursuant to C.R.S. 30- 28 -I01 (10)(d) and Section 5 -270 of the Eagle County
Land Use Regulations, the Board of County Commissioners exempts from the provisions of
Section 5 -280, "Subdivision ", the creation of the leasehold between Holy Cross Electric
Association, Inc., landlord, and Sprint Spectrum L.P., tenant, described herein..
THAT, said exemption shall in no way be construed as affecting in any way whatsoever
the status of other parcels located within Eagle County or the status of the aforesaid Ieasehold
with respect to other regulations.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioner of the
County of Eagle, State of Colorado, at its regular meeting held the ¢ day of�
AUNTY OF EAGLE, STATE OF
:)LORADO, by and Through Its
)ARD OF COUNTY COMMISSIONERS
V
J Johnnette Phillips /
Chairman
E. Johnson, Jr.
gp!-� -
Tom Stone
Commissioner
Commissio r y/ A (�) �J seconded adoption of the foregoing resolution. The roll
having been cc "d, the vote was as follows:
Commissioner Phillips
Commissioner Johnson
Commissioner Stone
This Resolution passed by of the Board of County
Commissioners of the County of Eagle, State of Colorado.
County Commissioners
