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HomeMy WebLinkAboutR04-033 T-Mobile at St. Clare of Assisi Special Use Permit • Commissioner oved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - 0 3 3 APPROVAL OF THE SPECIAL USE PERMIT for T- Mobile at St. Clare of Assisi FILE NO. ZS -00072 WHEREAS, on or about November 15, 2000 T- Mobile (AKA VoiceStream PCS II Corporation; herein after "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: A parcel of land owned by the Archdiocese of Denver, more specifically, Tract 64, Section 36, Township 4 South, Range 83 West, 6 P.M., County of Eagle, State of Colorado, southwest of Edwards; directly south of the St. Clare of Assisi PUD, accessed via an access easement through St. Clare to an existing sewer easement on the Archdiocese of Denver's property;. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission January 7, 2004 and February 4 2004 and by the Eagle County Board of County Commissioners on February 17, 2004; and; WHEREAS, the applicant was approved to construct, operate, and maintain a Low Power, two - carrier Telecommunications Facility consisting of a 52' tall, faux "monopine" on which multiple cellular antennas will be placed. A small microwave panel (26 "x 26 ") is to be located on the exterior of the "trunk ". A concrete pad will sit at the base of the pole for both T- mobile and a co- locator's related equipment. All the equipment will be shielded from view by a vinyl dipped (brown) chain -link fence; the equipment will be painted the appropriate color to `blend in' with the tree. (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 III Ell 1111 I I II II I 870605 Page: 1 03/11/2004 of 0 4:07P Teak J Simonton Eagle, CO 370 R 0.00 0 0.00 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.l. 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 Compatibility. 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 ADplicable to Particular Residential. Agricultural and Resource Uses. [4] Section 5-250.B.4 Design 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 DeveloDment 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 ofT-Mobile (AKA Voice Stream PCS II Corporation) 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: I. 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(s) (T-Mobile or co-locator) 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 monopine, as well as any modifications to the equipment shelter. Any increase in the height of the monopine, or expansion of the equipment shelter(s), will necessitate a new Special Use Permit. 3. The perimeter of the lease area as proposed shall be landscaped to minimize visual impacts of the enclosure with not less than 10 trees between 6-12 feet in height. Further, the equipment on the stealth monopine shall be painted' a suitable color to blend in with both the ''tree'' and the surrounding landscape. The color shall be approved by the Director of Community Development with input from the Cordillera Property Owners Association. 4. Landscaping shall be maintained consistently for at least two years and periodically after that to ensure proper tree health and longevity. Any dead materials and/or trees shall be removed and/or replaced immediately upon discovery . 5. The facility shall be maintained to ensure that the monopine retains visual integrity (i.e. fallen branches shall be replaced, etc.). 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. 3 .. 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 <J?punissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~day of f11~, 2004, nunc pro tunc to the 17th day of February, 2004. BY: ATTEST: Teak J. Simonton Clerk to the Board of County Commissioners Tom C. Stone, Chairman BY: 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 arbZ ~ This Resolution passed by 7/ 3 County of Eagle, State of Colorado. vote of the Board of County Commissioner of the 4 n 0 OC 2 y A ON '1 m CD 0 0 I. OD r Q O � r r y ^ of c • FV \e F F - . �k- 0 ;:. ( fn � n y On Y F , o CD 1� \\ Y 0. n d) N X C D N � 0) l J o ° D F/ m v 00i Cl) / :3 o D �; CD i, p 0 �1 Cr '+ :3 i Cn ..€ C CD N N (D =1 Cn Cn S / / t / o 0) In A N VJ Lo CD CD CD CD / m O / 3 D cn gin'