HomeMy WebLinkAboutR00-173 speical use permit Netbeam, ZS-00067i
Commissioner Q,Q� n,/) moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 - /73
APPROVAL
OF THE SPECIAL USE PERMIT
Netbeam, Inc
FILE NO. ZS -00067
WHEREAS, on or about September 8, 2000 Netbeam, Inc,
("Applicant ") did file an application with the Eagle County
Department of Community Development for a Special Use Permit to
allow the installation, maintenance, and operation of a
telecommunications facility - wireless communications antenna
site for commercial use in Eagle County. The site, located in
Edwards, will contain two maxrad panel antennas on the roof of
condominium Building 'H' and an electronics package on the side
of Building 'H', of the Morningstar Townhomes located in the
Residential Multi- Family zone district in the unincorporated area
of Eagle County described as follows:
A parcel of land located in Section 5, Township 5 South,
Range 82 West, 6 P.M_, County of Eagle, State of Colorado,
Morningstar Townhomes Building 'H', in the Moonridge
Subdivision, near Edwards, Colorado. The site is accessed
off Beard Creak Road.
WHEREAS, the Special Use Permit request was considered at a
public meeting by the Eagle County Planning Commission October
18th, 2000 and by the Eagle County Board of County Commissioners
on November 20th, 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
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746269 12/14/2000 12:53P 370 Sara Fisher
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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, including standards for building and
structural intensities and densities, and
intensities of use
[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 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
resources, wildlife habitat, scenic resources,. and
other natural resources.
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[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 Netbeam, Inc, File No. ZS- 00067 for
a Special Use Permit to allow the installation, maintenance, and
operation of a telecommunications facility - wireless
communications antenna site for commercial use in Eagle County.
The site, located in Edwards, will contain: two maxrad panel
antennas on the roof of condominium Building 'H' and an
electronics package on the side of Building 'H', of the
Morningstar Townhomes located in the Residential Multi - Family
zone district in the unincorporated area of Eagle County
described herein, be approved, subject to the following
condition, and that violation of this 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.
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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 / a day of �' ¢�m -- ,
2000, nunc pro tunc to the 20th day of November, 2000.
ATTEST:
NZ
VxGL-e C.
0 t,o' COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
* COMMISSIONERS
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Sar a J. Fisher
Clerk to
County Cc
Commissioner
the foregoing
was as follows:
Commissioner Tom C. Stone
Commissioner Johnnette Phillips
Commissioner Michael L. Gallagher
This Resolution passed by �7 - 0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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Tom C. tone, Chairman
