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HomeMy WebLinkAboutR00-124 special use permit for Voicestream PCSf , C) C Commissioner yC/ moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - l 4 APPROVAL OF THE SPECIAL USE PERMIT VOICESTREAM PCS FILE NO. ZS -00058 WHEREAS, on or about November 4, 1999 VoiceStream PCS, ( "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit to construct, operate, and maintain a low - powered telecommunications facility consisting of 9 panel antennas (dimensions will not exceed 60" x 12 2 microwave dishes (dimensions will not exceed 4' in diameter) and a base transmission Station, (dimensions will not exceed 400 square feet in area or 7' in height), to be placed on an existing tower, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: A parcel of land located in Section 12, Township 8 South, Range 87 West, 6 th P.M., County of Eagle, State of Colorado, approximately 1.0 miles northwest of the Town of Basalt, accessed through a gated, Colorado Division of Wildlife access road on the east side of Lake Christine, approximately 1/4 mile to the southwest of the site. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Roaring Fork Valley Regional Planning Commission July 20, 2000 and by the Eagle County Board of County Commissioners on August 14, 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 1 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 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 DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air pq 01 C resources, wildlife habitat, scenic resources, and other natural resources. [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 VoiceStream PCS, File No. ZS- 00058 for a Special Use Permit to construct, operate, and maintain a low - powered telecommunications facility consisting of 9 panel antennas (dimensions will not exceed 60 x 12 2 microwave dishes (dimensions will not exceed 4' in diameter) and a base transmission Station, (dimensions will not exceed 400 square feet in area or 7' in height), to be placed on an existing tower, 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: 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. 2. Prior to commencing any construction on the site, Applicant shall submit to the Eagle County Department of Community Development a copy of the fully executed "Consent To Sublet Right -of -Way" approved by the 3 c Wildlife Commission on July 14, 2000. Although approved by the Commission, as of the date of this public hearing same remains to be signed by the Colorado Division of Wildlife, Denver Office, and approved by the U.S. Fish and Wildlife Service. 3. Following completion of construction /installation activities, all disturbed areas, if any, shall be immediately re- seeded with a seed mix approved by the Colorado Division of Wildlife 4. Applicant shall make application for, and receive, all appropriate permits (building, electrical etc.) from Eagle County prior to the commencement of any construction activity on the site. 5. All equipment, including antennae, dishes, boxes, etc., shall be painted or otherwise colored to blend with the surrounding landscape. 6. There shall be no lighting of the proposed additions to the site. 7. No additional communication equipment (antennas, dishes, boxes, etc.) shall be added to Applicant's improvements except through a new Special Use Permit. 8. VoiceStream shall, at all times, operate at or below the decibel levels established in Section 4 -520 of the Eagle County Land Use Regulations, and comply with all applicable federal, state and local laws, regulations, and restrictions with respect to electromagnetic frequency and radiation, as each may be amended from time to time. 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. 4 MOVED, READ AND ADOPTED by of the County of Eagle, State of held the - day 2000, nunc pro tunc to the 14th ; I the Board of County Commissioners Colorado, At its regular meeting of day of August, 2000. CO OF EAGLE, STATE OF COLORADO, and Through Its BOARD OF COUNTY ISSIONERS ATTEST: w By: Sara J. Fi er m C. St ne, Chairman Clerk to the Board of ".4 County Commissioners ( s/ � hnnett4 \Phillips, Commi i�hael 17. Gallagher �om ner Commissioner seconded adoption of the foregoing Resolutio . The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Johnnette Phillips Q�.e Commissioner Michael L. Gallagher This Resolution passed by (_3 -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 61 LEGEND RaTtefis '500 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 Feet mmmm M NOTES C041#1_ USE OF THIS MAP SHOULD BE -FOR GENERAL AND INFORMATIONAL PURPOSES ONLY. EA6l-t6bu9frff&ff WARRANT-THE-ACCLIUCY.0173HE INFOqMATION CONTAINED HEREIN. DATE. AUGUST 22, 2000 yW