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HomeMy WebLinkAboutR04-024 AT&T at Basalt State Wildlife Area Special Use Permit Commissioner ,~mOVed adoption of the following esolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - 6:;;4 APPROVAL OF THE SPECIAL USE PERMIT for AT&T at Basalt State Wildlife Area FILE NO. ZS-OOlll WHEREAS, on or about October 28, 2003, AT&T Wireless Services, Inc., ("Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit for a Telecommunications Facility, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: Public Service parcel, more specifically, Section 12, Township 8 South, Range 87 West, 6th P.M., County of Eagle, State of Colorado, northwest of the Town of Basalt, accessed via Division of Wildlife road. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Roaring Fork Valley Regional Planning Commission January 22, 2004, and by the Eagle County Board of County Commissioners on February 3, 2004; and; WHEREAS, AT&T Wireless Services, Inc., AKA Cellular One Telecommunications, was formally operating under Special Use Permit ZS-354-1994; and, WHEREAS, the existing, 62 foot tall Telecommunications Facility (tower) built in 1979 currently contains several carrier's equipment; and WHEREAS, the applicant is applying for a new Special Use Permit to both replace two omni whip antennas, and add six (6) panel antennas to the tower (see attached Exhibit A); 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 1 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.B Standards for the review of a Special Use Permit: [1] Section 5-250.B.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, and related sub-area master plans. [2] Section 5-250.B.2 Comvatibilitv. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. [3] Section 5-250.B.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 Avplicable to Particular Residential. Auicultural and Resource Uses. [4] Section 5-250.B.4 Desifm Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands. The Special Use WILL avoid significant.adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration. Adverse impact on surrounding lands regarding noise and traffic, WILL NOT create a nuisance. [5] Section 5-240.F.3.e (5) Design Minimizes Environmental Impact. The proposed Special Use CAN fully minimize environmental impacts, and though it will not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, it WILL NOT cause significant deterioration to scenic resources. [6] Section 5-250.B.6 Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. [7] Section 5-250.B.7 Site Development Standards. The proposed Special Use, as conditioned, DOES fully comply with all the appropriate standards in Article 4, Site Development Standards. 2 [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 AT&T Wireless Services, Inc., ("Applicant") for a Special Use Permit for a Telecommunications Facility, located in the Resource Zone District in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. 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 (AT&T) 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 tower, as well as any modifications to the equipment shelter. Any increase in the height of the tower, or expansion of the equipment shelter, will necessitate a new Special Use Permit. 3. All equipment shall be painted to blend in with the surrounding landscape. 4. Applicant must comply with all requirements of the Colorado Division of Wildlife regarding access and seasonal restrictions. 5. There shall be no lighting of the proposed additions to the site. 6. Any additional communication equipment (antennas, satellite dishes, etc.) shall require necessary approvals to be obtained from the Division of Wildlife for facility expansion and any necessary permits must be obtained from Eagle County. 7. Following any construction/installation activities any disturbed areas shall be reseeded with a seed mix approved by the Colorado Division of Wildlife. 8. Applicant shall make application for and receive all of the appropriate permits (building, electrical, etc.) from Eagle County prior to any construction/installation activity on the site. 9. All storage of materials shall be within a building or obscured by a fence. 3 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 ~ County of Eagle, State of Colorado, at its regular meeting held the ~ day of ~ 2004, nunc pro tunc to the 3rd day of February, 2004. Teak J. Simont Clerk to the Board of County Commissioners BY: ATTEST: BY: an BY: Mic BY: enconi, Commissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am M. Menconi This Resolution passed b~ote of the Board of County Commissioner of the County of Eagle, State of Colorado. 4 AT&T @ Basalt State Wildli' Area ZS-00111; Special Use Permit Exhibit 'A' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .................... ............. . .......................................... . . . . . . . . . . . . . . . . . . .. .................... ............. . .......................................... . . . . . . . . . . . . . . . . . . .. .................... ............. . .......................................... . . . . . . . . . . . . . . . . . . .. .................... ............. . ........................................... : : : : : : : : : : : ::: :::::::::::::: ::a.&.altat8te.WUitiife.~~:::::::: ::::::::::::::::::::::::::: :::::: ::::::::::: j ~ ~ ~ ~ ~ j ~ j ~ ~ ~ jTTT~~ }~cr~~~!?~~mtr~m~f~j~~! ~~~~~~!j!~~~~~~~T~~~~j~ j ~ ~ ~ ~ ~ ~T~~~~j~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~1~' ~12 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~: :1::: ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ~ : ; : : : : ~ : ~ : ~ : ~ : ~ : ~ : ~ ; ~ ; ~ ; ~ ; ~ ; ~ = = <<=>:= :> :llllilililllilililill:t'~~:~i:l:ili:i:i:i:ili il::I:iiiiiii1iiiili1iiiiliiiili1iiiiiiiiiii:::!J!H . . . . . . . . . . . . . . . . . . . . . . . . . .. .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 o 1000 5000 6000 Feet I"""'l-.-_ M..... -.' ""~~._~E~ .. GENERAL AND INFORMATIONAl. PURPOSES . ~. ONLY. EAGLE COUNTY DOES NOT WARRANTTHE ACCURACY OF THE fAGLf COUNTY INFORMATION CONTAINED HEREIN. Existing Tower, Building and Enclosure* Omni Antennas to be removed *Not all of the existing tower equipment shown.