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HomeMy WebLinkAboutR97-051 Special Use Permit Fiber OpticsCommissioner _ "_ '.moved adoption .,.c the following Resolution:` BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 5Z i1 APPROVAL OF SPECIAL USE PERMIT Dotsero Fiber Optics Regeneration Site FILE NO. ZS- 00008 WHEREAS, ^WEST CO TNICATION d b a SP CONSTRUCTION SERVICES , did file an application with the Eagle County Department of Community Development on or about _ February 11, 1997 , for a Special Use Permit for Utility Substation within a Resource Zone District, in the unincorporated area of Eagle County described as follows: Within the S.P. Railroad ROW, TSS, R86W, Secs, NE 1/4 and ® v WHEREAS, based on the evidence, testimony, exhibits, study ®_ of the Master Plan for the unincorporated areas of Eagle County, ® a comments of the Eagle County Department of Community Development, m comments of public officials and agencies, the recommendation of r L the Planning Commission, and comments from all interested N Y d e parties, the Board of County Commissioners of the County of ® m a Eagle, State of Colorado ( "the Board "), finds as follows: N ®N y 1. That proper publication and public notice was provided as required by law for the hearings before the Planning m Commission and the Board. —rm �s m 2. That the proposed special use conforms to the require- .. - ments of Section 2.09 of the Eagle County Land Use o�m � ® � Regulations, which are incorporated herein as if set m forth with particularity. ®N O 04.� 3. That the proposed special use will be compatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, - 1 C2 appropr --teness of the physical ar. "'zgement of the use on the r>oposed site, and consister._y with the Master Plan. 5. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of OWEST COMMUNICATIONS d b a SP Construction Services, File No. ZS -00008 for a Special Use Permit for A Utility Substation within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. The sound emissions generated by this facility should be redesigned to more closely conform with the County's Industrial Performance Standards. 2. The access to this site should conform with all standards outlined and recommended by the County Engineer. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. 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. 2 MOVED, READ l--? ADOPTED by the Board of " unty Commissioners of the County of L_41e, State of Colorado, at -ts regular meeting held the /c3 u_ day of _ 1997, nunc pro tunc to the day of 199- . COUNTY OF EAGLE, STATE OF COLORADO, U0040Rt.V' By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: fiol,A By: Sara J. Fisher ohnnette Phillips, Chai man Clerk to the Board of County Commissioners George Gates, Commissioner Ja s E. Johnson, Jr.. , Commissioner Commissioner _ (-2n �' seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips CLu,2 Commissioner George A. Gates a4c Commissioner James E. Johnson, Jr. a� This Resolution passed by 3 — 0 vote of the Board of County Commissioners of the County of 'Eagle, State of Colorado. 3