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Home My WebLink AboutR00-175 special use permit Netbeam ZS-00069K t£ Commissioner moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - APPROVAL OF THE SPECIAL USE PERMIT Netbeam, Inc FILE NO. ZS -00069 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 Eby Creek Subdivision will contain an omni directional antenna on the side of the peak of the roof, and an electronics package near the deck; located in the Residential Suburban Low Density zone district in the unincorporated area of Eagle County described as follows: 0752 Mesa Drive, Lot 74, Eby Creek Mesa Subdivision, near the Town of Eagle, Colorado. 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 interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1 1 IN 746271 12/14/2000 12:56P 370 Sara Fisher 1 of 4 R 0.00 D 0.00 N 0.00 Eagle CO 0 1 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 t Section 5 -250.B Use Permit: Eagle County Land Use Regulations Standards for the review of a Special [1] Section 5- 250.B.1. Consistent with Master Plan The proposed Special Use Permit CAN be shown to 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 be [4] Section 5- 250.B.4 Desicrn 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) Des.icrn 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. �A F1 {f [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- 00069 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 Eby Creek Subdivision will contain an omni directional antenna on the side of thb peak of the roof, and an electronics package near the deck; located in the Residential Suburban Low Density 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. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. 3 r 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 /4�L day of 2000, nuns pro t to the 20th day of November, 2000. 0e Sp4tZ CIO COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: Y i A A-n, Sara J. Fish,(r Clerk to the Board of County Commissioners Michael L.-Gallagher I /C�cRc[ ner Commissioner Ga'ffa4zg� the foregoing Resolution. Urhe roll having was as follows: 1&11� X-�W_ Tom C, Stone, Chairman J nnettenPhi1lips, Commis Toner seconded adoption of been called, the vote Commissioner Tom C. Stone Commissioner Johnnette Phillips Commissioner Michael L. Gallagher This Resolution passed by C3 . 6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4