HomeMy WebLinkAboutR96-001 special use permit Mountain Top Management Peak of Bellyache Ridgei
Commissioner _ ~~~ moved adoption
of the following Resolution:
BOARD OF COUNTY COI~IISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 9~ - Q.~
APPROVAL OF SPECIAL USE PERMIT
Mountain Top Management, Inc.
Peak of Bellyache Ridge
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FILE NO. ZS-370-95
WHEREAS, Mountain Top Management Inc., in the person of
Doug Lofland, President ("Applicant") did file an application
with the Eagle County Department of Community Development on or
about October 1. 1994 for a Special Use Permit for a multi-
uGer communications facility within a Resource Zone District,
in the unincorporated area of Eagle County described as follows:
Township 4 South, Range 83 West of the 6th
Principal Meridian, Section 34 SE1/SW1/, containing
.52 acres, more or less.
County of Eagle
State of Colorado
and
WHEREAS, based on the evidence, testimony, exhibits, 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. That proper publication and public notice was provided
as required by law for the hearings before the Planning
Commission and the Board.
2. That the proposed special use conforms to the require-
ments of Section 2.09 of the Eagle County Land Use ~,
Regulations, which are incorporated herein as if set h„~
forth with particularity. ~
T
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_ 3. That th roposed special use will 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,
appropriateness of the physical arrangement of the use
on the proposed site, and consistency 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 Mountain Top Management. Inc. File
No. ZS-370-95 for a Special Use Permit for a multi-user
communication facility within the Resource Zone District de-
scribed 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 applicant shall be responsible for all relevant
Eagle County permits, i.e., building, electrical, etc.;
2. The building permit will not be issued without
conformance to the wildfire hazard mitigation plan as
outlined by the Colorado State Forest Service in a
letter dated October 23, 1995 except that no loop road
shall be required;
3. An internal (to the building) remote sounding smoke
alarm is required;
4. Compliance with all BLM conditions of Right-of-Way
permit approval;
5. 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.
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' 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.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorad at its regular meeting
held the ~~irr.Q day of ,
1996, nuns pro tunc to the 1 th day of , 1995.
y yr ,~ COUNTY OF EAGLE , STATE OF COLORADO ,
~~ By and Through Its BOARD OF COUNTY
s
~ COMMISSIONERS
ATTEST : °~~ ~y~
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By: By:
Sara J. Fi her J es E. Joh on, Jr. Chairman
Clerk to the Board of
County Commissioners
Georg A. Gates, Commissioner
ohnnette Phillips, Co~imissioner
Commissioner /'`~lt~c~XaA~
adoption of the foregoing Resolution.
called, the vote was as follows:
seconded
The roll having been
Commissioner Johnnette Phillips Q,vL2-
Commissioner George A. Gates Q p
Commissioner James E. Johnson, Jr.
This Resolution passed by r~ " ~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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