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HomeMy WebLinkAboutR99-070 approval of East Eagle Telecommunication FacilityCommissioner moved adoption of thCd following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. '?�Q - 70 APPROVAL OF SPECIAL USE PERMIT EAST EAGLE TELECOMMUNICATION FACILITY MTM -Clear Creek Venture FILE NO. ZS -00043 WHEREAS, MTM -Clear Creek Venture, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or June 24, 1998 for a Special Use Permit for a multi -user telecommunication facility within the Resource Zone District, in the unincorporated area of Eagle County described as follows: S1 /2NW1 /4, T4S, R84W, County of Eagle, State of Colorado, containing .52 acre, more or less 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 11111111111111111111111111111111111111111111111111 IN 598963 08/13/1999 03:27P 370 Sara Fisher 1 of 8 R.0.00 D 0.00 N 0.00 Eagle CO 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 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 -310, 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. E 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 h. The proposed Special Use complies 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 East Eagle Telecommunciation Site, File No. ZS- 00043, for a Special Use Permit for a multi -user telecommunication facility within the Resource Zone District de- scribed 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. 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 3 LL 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 BLM permit noted above for its review. 2. The applicant has agreed to reclaim areas disturbed by . the facility construction and all power line construction using native species and in -kind vegetation. Therefore, pursuant to Section 5- 250.D., prior to the issuance of a building and /or grading permit, whichever shall be first, the applicant shall provide a collateralized revegetation agreement to Eagle County acceptable to the Dept. of Community Development and the Eagle County Attorney. 3. The applicant shall comply with an approved, signed Wildlife Mitigation Agreement which shall be filed with the Eagle County Dept. of Community Development prior to the issuance of any grading and /or building permit, whichever shall be first. 4. 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. 5. The site plan attached hereto as Exhibit A represents the proposed, approved uses and is incorporated herein by this reference. 6. No permanent, continuous external lighting shall be allowed on the site except for maintenance and /or emergency procedures. n 7. Except as otherwise modified by this 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 10th day of May, 1999, nunc pro tunc to the 19th day of April, 1999. ATTEST: G {on AD.. By. Sara J. FiAier Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 0 J hnnette Phillips, Chairman W Tom Stone, Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner Tom Stone This Resolution passed by � - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2