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HomeMy WebLinkAboutR04-079 Sprint at Trinity Baptist Special Use Permit • • Commissioner adoption of the following ' esolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - APPROVAL OF THE SPECIAL USE PERMIT for the SPRINT AT TRINITY BAPTIST LOW POWER WIRELESS TELECOMMUNICATIONS FACILITY FILE NO. ZS -00117 WHEREAS, on or about February 25, 2004, Sprint; (herein after "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit for a Low Power Wireless 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 Vail Baptist Church, more specifically, 0090 Lariat Loop; Section 5, Township 5 South, Range 82 West, 6 P.M., County of Eagle, State of Colorado; southeast of Edwards; in between the South Forty and Homestead PUDs, accessed via Hwy 6 to Bull Run to Lariat Loop;. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission May 19 2004 and by the Eagle County Board of County Commissioners on June 15 2004; and; WHEREAS, the applicant desires to relocate a previously approved Low Power Wireless Telecommunications Facility on the Trinity Baptist Church property located near the Homestead and South Forty Subdivisions in Edwards. The facility, which was never built, is proposed to consist of a 35' tall, 18" wide, stealth monopole which encases the cellular antennas, and a small equipment shed, located near the pole (see attached); and, WHEREAS, the previous application (ZS- 00086) was approved in October 2001, for a Telecommunications Facility in a location closer to the Trinity Baptist Church. Since that approval, the property owners have decided that the Telecommunications Facility should be shifted further to the east to accommodate an anticipated expansion of the church. As Special 884523 Page: 1 of 5 07/19/2004 12:16P T eak J Simonton Eagle, CO 370 R 0.00 D 0.00 Commissioner moved adoption of the following esolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF C~OjLORADO RESOLUTION N0.2004 - ~ i' / APPROVAL OF THE SPECIAL USE PERMIT for the SPRINT AT TRINITY BAPTIST LOW POWER WIRELESS TELECOMMUNICATIONS FACILITY FILE NO. ZS-00117 WHEREAS, on or about February 25, 2004, Sprint; (herein after "Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit for a Low Power Wireless 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 Vail Baptist Church, more specifically, 0090 Lariat Loop; Section 5, Township 5 South, Range 82 West, 6th P.M., County of Eagle, State of Colorado; southeast of Edwards; in between the South Forty and Homestead PUDs, accessed via Hwy 6 to Bull Run to Lariat Loop;. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission May 19th, 2004 and by the Eagle County Board of County Commissioners on June 15th, 2004; and; WHEREAS, the applicant desires to relocate a previously approved Low Power Wireless Telecommunications Facility on the Trinity Baptist Church property located near the Homestead and South Forty Subdivisions in Edwards. The facility, which was never built, is proposed to consist of a 35' tall, 18" wide, stealth monopole which encases the cellular antennas, and a small equipment shed, located near the pole (see attached); and, WHEREAS, the previous application (ZS-00086) was approved in October 2001, for a Telecommunications Facility in a location closer to the Trinity Baptist Church. Since that approval, the property owners have decided that the Telecommunications Facility should be shifted further to the east to accommodate an anticipated expansion of the church. As Special 1 Use Permits are site specific, and an amendment process for a Special Use Permit does not exist, the applicant is applying for a new Special Use for a Low Power Wireless Telecommunications Facility in the location as depicted on the file site plan; 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. 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 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 Applicable to Particular Residential, Agricultural and Resource Uses. [4] Section 5-250.B.4 D sign 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. 2 [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. [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 Special Use Permit application for Sprint for a Low Power Wireless 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: 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 (Sprint) 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 inside of the pole, as well as any modifications to the equipment shelter. Any increase in the height of the monopole, or increase of the equipment shelter, will necessitate a new Special Use Permit. 3. Prior to the issuance of a Building Permit by Eagle County the Applicant will provide a copy of the recorded easement agreement between Sprint and/or the Landowner and Holy Cross regarding access and the construction of the staircase to the Sprint Telecommunications Facility which is situated in the existing Holy Cross easement. 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 Commissioners f th County of Eagle, State of Colorado, at its regular meeting held the day of ~ , 2004, nunc pro tunc to the 15th day of June, 2004. ATTEST: BY: Y OF EAGLE, STATE OF COLORADO, By and Its BOARD OF COUNTY COMMISSIONERS Commissioner ~~~.~4seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone ~ Commissioner Michael L. Gallagher ~ Commissioner Arn M. Menconi ~ This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 4 Clerk to the Board of County Commissioners 'Exhibit A' ,~ Sprint at Trinity Baptist, Edwards ZS-00117; Special Use Permit Previously Approved Facility - Existing s°Ut" F°rty Church -°'~ Subdrvlsron ~ ~-: - _ - _ -- __ - - Proposed Fat~li Lariat Lo°p r--i Homestead Ftlmgi "'°~'~~~~~ a Block 11 :~~ ~ ~~ ~ I yu u yu Hsu zru 36u 45u Feet LEGEND 0 Parcels N USE OF THIS MAP SHOULD BE FOR GENERAL AND INFORMATIONAL PURPOSES ONLY. EAGLE COUNTY DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. q;I rr;l i•ilY