HomeMy WebLinkAboutR21-007 Approval of the Special Use Permit for 641 Green Mountain Dr., Alta Tower File No. ZS-009103-2020 Eagle County, CO 202101284
DocuSign Envelope ID:354D03EE-921E-407D-8070-AD99A2549155 Regina O'Brien 01/21/2021
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Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021- 007
RESOLUTION FOR THE APPROVAL
OF THE SPECIAL USE PERMIT
FOR 641 GREEN MOUNTAIN DRIVE,ALTA TOWER
Eagle County File No.ZS-009103-2020
WHEREAS, on or about June 26, 2020, the County of Eagle, State of Colorado, accepted for
filing an application submitted by Visionary Broadband,Inc(the"Applicant")for approval of a Special
Use Permit for the 641 Green Mountain Drive Alta Tower,located at 641 Green Mountain Drive,Eagle,
CO,and legally described as Lot 8,Eagle Hills Subdivision,according to the Plat recorded August 29,
1980 in Book 307 at Page 866,County of Eagle,State of Colorado (the"Property");and
WHEREAS,the Special Use Permit application is proposed to install three telecommunication
radios, also known as telecommunication facilities, on the Property to provide additional internet
services to the Town of Eagle and greater Eagle area (the"Special Use");and
WHEREAS,the telecommunication facilities are proposed underneath the deck of an existing
single-family dwelling unit on the Property, two of which are approximately 18" x 16" in size, and
one of which is approximately 28.7"x 18.1"in size;and
WHEREAS, the Property is zoned Rural Residential (RR), and telecommunication facilities
may be approved in the RR zone district through review and approval of a Special Use Permit
Application;and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section
5-210.E -Notice of Public Hearings, notice of the proposed Special Use application was mailed to all
owners of property adjacent to the proposed Special Use and was duly published in a newspaper of
general circulation throughout the County concerning the subject matter of the application and
setting forth the dates and times of meetings for consideration of the applications by the Eagle County
Planning Commission (the "Planning Commission") and the Board of County Commissioners of the
County of Eagle(the"Board");and
WHEREAS, at its public hearing held on September 16, 2020, the Planning Commission,
based upon its findings,recommended approval with conditions of the proposed Special Use;and
WHEREAS, at its regular public hearing of October 13, 2020, the Board considered the
proposed Special Use;associated plans;and the statements and concerns of the Applicant,the Eagle
County Community Development staff,and other interested persons;and the recommendation of the
Planning Commission;and
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WHEREAS,based on the evidence,testimony,exhibits,and study of the Comprehensive Plan
for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM") for Eagle
County, as well as the comments of the Eagle County Department of Community Development,
comments of public officials and agencies, recommendation of the Planning Commission, and
comments from all interested parties,the Board,finds as follows:
1. THAT,proper publication and public notice was provided as required by the ECLURs and
state law for the hearings before the Planning Commission and the Board.
2. THAT,the application for Special Use for the Property complies with the standards
in ECLUR Section 5-250.B-Standards for Special Use,as set forth below:
A. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1,the Special Use,
as conditioned, is in substantial compliance with the policies of the 2005 Eagle County
Comprehensive Plan including Comprehensive Plan Section 3.3.6. - Economic Resources,
Policy "m"; and Comprehensive Plan Section 3.5.3 - Emergency and Community Services,
Policy"m".Specifically,as set forth in the staff report,the Special Use meets a preponderance
of the master plan goals,policies and objectives,while adhering to the Future Land Use Map
("FLUM") designation and prescribed uses. Areas of conformance include: The 2010 Eagle
Area Community Plan,Goal 1;the 2010 Eagle Area Community Plan,Policy 1.1;and the 2005
FLUM designation for Countryside use. The Countryside designation allows for land "uses
ancillary to residential,as allowed by zoning"(Eagle Area Community Plan,Chapter 4,FLUM).
Telecommunication facilities are permitted in the underlying zone district; therefore,
telecommunication facilities are permitted within the Countryside designation of the FLUM.
Thus,as conditioned, the Special Use is in substantial conformance with applicable policies
within the Eagle County Comprehensive Plan,the 2005 Future Land Use Map,and the 2010
Eagle Area Community Plan.
B. Compatibility. Pursuant to Section 5-250.B.2, the Special Use is compatible with the
surrounding land uses,as the Property and adjacent properties are zoned RR and Resource
(R) respectively.Telecommunication facilities are permitted in the RR and R zone districts
through a Special Use Permit. Further, the Special Use is compatible with the FLUM
designation, which supports permitted uses per ECLUR Table 3-300 - Residential and
Agricultural Zone District Use Schedule.The Property is also in proximity to a parcel the FLUM
designates as Public Service/Institutional area. Thus, as conditioned, the Special Use is
generally compatible with the existing and currently permissible future uses of adjacent land
and other substantially impacted land,services,or infrastructure improvements.
C. Zone District Standards. Pursuant to Section 5-250.B.3,the proposal meets the permitted
uses for the zone district.Telecommunication facilities are permitted in the RR zone district
through approval of a Special Use Permit.Per Section 3-310.Gg.-Telecommunication Facilities
of the ECLUR,this proposal was also evaluated against the standards for a telecommunication
facility in the zone district. Section 3-310.Gg. outlines dimensional limitation criteria and
review timeline requirements for telecommunication applications; staff reviewed this
application in accordance with these standards. Dimensional limitations of the deck where
the telecommunication radios are proposed were first reviewed and approved when the
single-family dwelling unit was approved through building permit number BP-16567 in
2005.No changes to dimensional limitations are proposed with the Special Use.All required
timelines were met or agreed upon between staff and the Applicant. Thus, the proposed
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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 ECLURs.
D. Design Minimizes Adverse Impact.Pursuant to Section 5-250.B.4,the design of the Special
Use reasonably avoids adverse impacts, including visual impacts of the Special Use on
adjacent lands, trash, traffic, service delivery, parking and loading, odors, noise, glare, and
vibration and it will not otherwise cause or create a nuisance. The Special Use does not create
an adverse impact to trash, odors, noise,or vibration as the telecommunication facilities do
not produce or emit these impacts.Adverse impacts from traffic,and parking and loading are
minimal as low numbers of trips to the site are anticipated once installation is complete.
Adverse impact from glare is minimal as the telecommunication facilities will be located
underneath an existing deck attached to the existing single-family dwelling unit on the
Property. The radios will be painted to match the color of the deck to eliminate glare.
Therefore,the proposal meets the standards outlined in Section 5-250.B.4.and the standard
is met.
E. Design Minimizes Environmental Impact.Pursuant to Section 5-250.B.5,the design of the
Special Use minimizes environmental impacts and will not cause significant deterioration of
water and air resources,wildlife habitat, scenic resources, and other natural resources.An
EIR is not required for this type of application, a Minor Final Special Use Permit.An EIR is
also not necessary for this application because the parcel is already developed with a single-
family dwelling unit and staff did not identify any impact to water or air resources,wildlife
habitat,scenic resources,or other natural resources,beyond those evaluated at the time the
existing single-family dwelling unit was constructed on the Property. Thus, the proposed
Special Use will fully minimize environmental impacts, and will not cause significant
deterioration of water and air resources,wildlife habitat,scenic,and other natural resources.
F. Impact on Public Facilities. Pursuant to Section 5-250.B.6, the Special Use will be
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. With the exception of roads, the Special Use will not require additional
services or public facilities. As evaluated under Standard 5-250.B.4 - Design Minimizes
Adverse Impact, impacts to roads are minimal. Impacts to the public access road - Green
Mountain Drive -are minimal as approximately one trip is anticipated every six(6) months
after the installation of the facilities is complete.The Eagle County Engineering Department
finds the road can adequately service this need.Additionally, staff reviewed the proposal's
impact on pedestrian paths, potable water and wastewater facilities, parks, schools, police
and fire protection, and emergency medical services. The proposal does not require
additional service or useage by the public facilities listed for review under Standard 5-
250.B.4. Therefore, the proposal is adequately served by public facilities and service and
meets this standard.
G. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use is in
compliance with Article 4-Site Development Standards including requirements for parking
and loading, landscaping and illumination, signs, natural resource protection, and
commercial and industrial performance standards.Variances are not being requested by the
Applicant. Site development standards for off-street parking and loading are met as these
standards were reviewed at the time the existing single-family home was permitted; the
proposal does not require additional parking and loading. Landscape and Illumination
standards are met as the proposal does not require additional landscaping or illumination
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and none is proposed. Sign regulation standards are met as the proposal does not include
plans for signage.Any future signage proposed must comply with ECLURs in effect at the time
of sign permit application. Natural resource protection standards are being met as the
proposed location of the telecommunication facilities does not affect wildlife,riparian areas,
or other natural resources.Commercial and industrial performance standards are met as the
proposed telecommunication facilities do not vibrate, nor do they emit noise, smoke or
particulate matter; the facilities meet all requirements for storage of hazardous and non-
hazardous waste; and the facilities do not impact water quality. Thus, as conditioned, the
proposed Special Use will comply with all applicable standards in the ECLURs,Article 4,Site
Development Standards.
H. Other Provisions.Pursuant to Section 5-250.B.8,the lease agreement between the Property
owner and Visionary Communications Inc. is the only other provision applicable to the
Special Use.The lease agreement was reviewed by staff and is sufficient for the Special Use
and does not include provisions that may contradict the requirements of the ECLUR. Thus,
the proposed Special Use does comply with all standards required by all other applicable
provisions of the ECLURs 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 this application for a Special Use Permit is hereby approved,subject to the following
conditions, and that violation of any condition shall be the basis for revocation of the Special Use
Permit pursuant to the ECLURs:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public meetings
shall be adhered to and considered conditions of approval.
THAT,this Special Use Permit shall be subject to review as provided for by the ECLURs.
THAT, the Board 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 19th day of January, 2021, nunc pro tunc to
the 13th day of October,2021.
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DocuSign Envelope ID:354D03EE-921 E-407D-8070-AD99A2549155
COUNTY OF EAGLE, STATE OF
, COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: °OeUSlgned by: C �� ,-DocuSigned by:
�F9 62F 8896440... O" ' By.
Clerk to the Board oil' watt_selierr.473
County Commissioners County Commissioners Chair
c-DocuSigned by:
QCt)Y"'fg-
ThaniteAMeQueeney
Commissioner
Absent
Kathy Chandler-Henry
Commissioner
Commissioner Scherr seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Absent
This resolution passed by 2/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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