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HomeMy WebLinkAboutR09-102 Appr Spec Use Permit Spring/Nextel El Jebowel%-`- Commissioner V, ~ ~ ~t ~' ~ ~~~~ ~oved adoption of the following Resplt~tion: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO ,~=-~ RESOLUTION N0.2009 - APPROVAL OF THE SPECIAL USE PERMIT for the SPRINT/NEXTEL EL JEBOWL TELECOMMUNICATIONS FACILITY FILE NO. ZS-2227 WHEREAS, on or about Apri14`b 2009, Sprint/Nextel; (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 Commercial General Zone District in the unincorporated area of Eagle County described as follows: A parcel of land owned by Crawford Properties, LLC; Section 3, Township 8 South, Range 87 West, 6te P.M., County of Eagle, State of Colorado; 2000 Gillespie Drive, El Jebel; WHEREAS, the applicant desires to install a Telecommunications Facility which will be integrated into the El Jebowl, bowling alley in El Jebel. The facility is proposed to consist of an equipment shelter at ground level, and two (2) antenna arrays with four (6) antennas in each which will be located on the roof and screened behind a facade; and, WHEREAS, the Special Use Permit request was considered at a public meeting by the Roaring Fork Valley Regional Planning Commission June 18`b 2009 and by the Eagle County Board of County Commissioners on June 30`~ 2009; and; 1 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 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. 2 [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 the Sprint/Nextel, El Jebowl Telecommunications Facility, located in the Commercial General 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 (Sprint/Nextel) shall notify the Community Development Director when altering or modifying equipment on the Telecommunications Facility. Any increase in the number of antennas, or expansion of the equipment shelter, may necessitate a new Special Use Permit. 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 day of 2009. 3 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: Teak J. Simonton Clerk to the Board of County Commissioners .~~ - /. ;. B Y Pester F. Runyon, ~ ommission Jon Stavney ,Commissioner Commissioner ~ " ~ ~ ~~ - "~ ~ Seconded adoption of the foregoing resolution. The roll having been called, the vote w s as follows: Commissioner Sara J, Fisher C~ ~ ~ Commissioner Peter F. Runyon ~ Commissioner Jon Stavney ~"~- '~ This Resolution passed by ~ ~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. ~~ BY: ~~.C~ ~~.~ '`~{ Sara J, Fisher Chairman 4