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HomeMy WebLinkAboutR09-103 Appr Spec Use Permit Holy Cross Red Table MtnCommissioner -~CZ c- ! -~ moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2009 - APPROVAL OF THE SPECIAL USE PERMIT for the HOLY CROSS RED TABLE MOUNTAIN MULTI-USER TELECOMMUNICATIONS FACILITY FILE NO. ZS-2360 WHEREAS, on or about June 30h 2009, Holy Cross Energy; (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 on the Federal Aviation Administration USFS communications site in the unincorporated area of Eagle County described as follows: A parcel of land owned by United States of America; Section 17, Township 7 South, Range 85 West, 6~' P.M., County of Eagle, State of Colorado; United States Forest Service Road 514 at Red Table Mountain WHEREAS, the applicant desires an installation of apre-fabricated multi-section two story equipment shelter not to exceed 1,000 square feet, a self supporting four leg tower not to exceed 30' in height, concrete foundations, standby generator, underground fuel storage tank, gravel parking area and short access driveway. The tower and foundation will be designed for a 10' increase in height in order to accommodate future authorized growth. The Holy Cross Energy power distribution and Qwest telephone cables adjacent to FDR 514 would also be extended. 1 WHEREAS, the Special Use Permit request was considered at a public meeting by the Roaring Fork Valley Regional Planning Commission August 19`t' 2009 and by the Eagle County Board of County Commissioners on September ls~ 2009; 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 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. 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 the Holy Cross Multi-user telecommunication facility located on the Federal Aviation Administration USFS communications site 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 development 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 (Holy Cross) shall notify the Director of Community Development when altering or modifying equipment on the telecommunications facility. Any increase in number of antennas, or expansion of the equipment shelter, may necessitate a new Special Use Permit 3. This Special Use Permit shall be valid for a period of not more than three (3) years prior to actual implementation of the permitted use. Upon implementation of the approved use, such permit shall remain valid, in perpetuity, and shall run with the land thereafter unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. 3 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 •':"~r - ~- ~'> ~~;-~ 2009. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST:_ /~ ` ~ j_ OgfJ-`1rc BY: L_ ~~ ~'J > . ~~ ~ ~ ~ B' Teak J. Simon Jon * ~ Clerk to the Board of rata~Ao° County Commissioners B' B' Commissioner . ;~ c ~ a ~ % i lseconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J, Fisher ~ ~L,' 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. 4