HomeMy WebLinkAboutR94-214 special use permit public service co.Commissioner !` moved adoption
of the follo[,_g Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 94- aZ!CJ
APPROVAL OF SPECIAL USE PERMIT
PUBLIC SERVICE COMPANY OF COLORADO
FILE NO. ZS- 359 -94
WHEREAS, Public Service Company of Colorado, ( "Applicant ")
did file an application with the Eagle County Department of
Community Development on or about September 15, 1994, for a
Special Use Permit for Utility Substation, natural gas exchange
point and metering facility, within a Residential Suburban Low
Zone District, in the unincorporated area of Eagle County as
described in Exhibit A:
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:
Pursuant to Section 2.09.04 of the Eagle County Land Use
Regulations,
a) The proposed use is not compatible with the existing
residential uses in the area, however the landscape
plan provides a significant visual screen.
b) The proposed use will have a negative effect on the
residential character of the neighborhood, however the
landscape plan provides significant mitigation.
C) Access to the project is adequate.
d) Adequacy of permanent water and sanitation services is
not an issue as this project does not require these
services.
e) If approved on this site, the physical arrangement and
landscaping of the proposed site is appropriate.
f) The proposal is not entirely consistent with the Eagle
County Master Plan, however the landscape plan provides
significant mitigation.
g) An assessment has been prepared and a finding of no
significant adverse impact to the environment would
result from the proposed action and some benefits would
be accrued as a result of improved natural gas service.
Pursuant to Section 2.07.07, Industrial and Commercial
Performance Standards, Eagle County Land Use Regulations:
a) To the extent applicable, the proposed use is in
general conformance with these performance standards,
and,
That proper "_'�)lication and public notic `° =was provided as
required by law fL_Jthe hearings before the Punning Commission
and the Board, and,
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 Public Service Company of Colorado
File No. ZS- 359 -94, for a Special Use Permit for Utility
Substation, natural gas exchange point and metering facility,
within the Residential Suburban Low 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. Additional landscape should be added to the west side
of the site to help buffer the use from the adjacent
residential use.
2. The approved landscape plan must be submitted with the
first building permit application and installed or
collateralized prior to issuance of a Certificate of
Occupancy.
3. The applicant should get together with the County
emergency response team to provide educational
information to residence of the area.
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.
MOVED, READ l^`l ADOPTED by the Board of '''unty Commissioners
of the County of L_41e, State of Colorado, at -its regular meeting
held the day of 1994,
nunc pro tunc December 6, 1994.
gw -,
ATTEST:
By:
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By:�0�
Clerk to the Board of
County Commissioners
ohnnette Phill Ch 'rman
tes, Commissioner
s E.
ioner
Commissioner ((06 seconded
adoption of the foregoing Resolution. The roll having been
called, the vote was as follows:
Commissioner Johnnette Phillips
Commissioner George A. Gates
Commissioner James E. Johnson
This Resolution passed by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
EXHIBIT A
PARCEL NO. 1
A TRACT OF LAND LOCATED IN SECTIONS 4 AND 9, TOWNSHIP 5 SOUTH.
RANGE 82 WEST OF THE 67H PRINCIPAL MERIDIAN LYING NORTHERLY OF
U.S. HIGHWAY 6 AND 24 BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF -WAY LINE OF SAID
HIGHWAY 6 AND 24 FROM WHICH POINT THE SE CORNER OF SAID SECTION
BEARS N8975'32'E, 586.15 FEET;
THENCE N06 - E, 150.00 FEET TO A NO. 5 REBAR WITH AN ALUMINUM
CAP (R.L.S. 12024;
THENCE NBS - 55 . 47 E. 101.60 FEET TO A NO. 5 REBAR WITH ALUMINUM
CAP (R.L.S. 120291;
THENCE 506'25'00 W. 150.OD FEET TO A POINT ON SAID NORTH RIGHT -
OF -WAY LINE;
THENCE S85'55'47'W, ALONG SAID RIGHT -OF -WAY LINE 101.60 FEET TO
THE TRUE POINT OF BEGINNING, CONTAINING 0.34 ACRES MORE AND BEING SUBJECT TO ANY EASEMENTS OR LESS
AND/OR E WAY OF
RECORD.
CONTAINING 0.34 ACRES MORE OR LESS;