HomeMy WebLinkAboutR00-056 special use permit for San Isabel TelecomCl Commissioner �� moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - 05i APPROVAL OF THE SPECIAL USE PERMIT SAN ISABEL TELECOM FILE NO. ZS -00061 WHEREAS, on or about January 27,2000 San Isabel Telecom, ( "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit for telecommunication facility consisting of a cellular repeater box adjacent to, and a 8ft antenna on the side of, the Town of Eagle Water Tank within the Rural Residential Zone District in the unincorporated area of Eagle County described as follows: A parcel of land located in Tract 40, Section 4, Township 5 South, Range 84 West, 6th P.M., County of Eagle, State of Colorado, approximately 0.17 miles southeast of the Town of Eagle, accessed through the Eagle Terrace Subdivision. SEE EXHIBIT A [site plan] attached hereto and thereby incorporated herein by reference WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission March 15, 2000 and by the Eagle County Board of County Commissioners on March 27, 2000; 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: 111111 111111111111 III 11111111111111111 III 11111 1111 IN 727889 04/20/2000 03:53P 370 Sara Fisher 1 of 6 R 0.00 D 0.00 N 0.00 Eagle CO I C) 0 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 as conditioned 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, including standards for building and structural intensities and densities, and intensities of use [2] Section 5- 250.B.2 Compatibility. The proposed Special Use as conditioned 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 as conditioned DOES minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. [5] Section 5- 240.F.3.e (5) Design Minimizes Environmental Impact. The proposed Special Use as conditioned MINIMIZES environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 2 C, C 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 IYTT � day of , 2ZO nuns pro tunc to theme day of 2000. ';i. z ATTEST: 4 r S-Z Sara J.vFisher Clerk to the Board of County Commissioners Commissioner adoption of the foregoi called, the vote was as follows: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Tom C. Stone, Chairman Commissioner Tom C. Stone Commissioner Johnnette Phillips Commissioner Michael L. Gallagher This Resolution passed by C ` O vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 51 [6] Section 5- 250.B.6 Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services [7] Section 5- 250.B.7 Site Development Standards. The proposed Special Use DOES comply with 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 application of San Isabel Telecom, File No. ZS- 00061, for a Special Use Permit for a telecommunication facility consisting of a cellular repeater box adjacent to, and a 8ft antenna on the side of, the Town of Eagle Water Tank within the Rural Residential Zone District described herein, as further described in Exhibit A, 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 of the Applicant in this application and public meeting shall be adhered to and considered conditions of approval. 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