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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 ,~ ~.~ _~ 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 Page 1 of 3 _ 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. Page 2 of 3 ' 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~ ~<61ap +~ ~- 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. Page 3 of 3