HomeMy WebLinkAboutR23-036 Approving a Consolidated SUP for Dotsero - 301 Stephens Telecommunications Facility File No. ZS 009259-2022 Eagle County, CO 202305542
DocuSign Envelope ID:0138B543-B0C1-4C6C-9865-F7C13E516A37 Regina O'Brien 05/24/2023
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Commissioner Scherr moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2023- 036
RESOLUTION APPROVING A CONSOLIDATED SPECIAL USE PERMIT FOR
DOTSERO -301 STEPHENS FOR A TELECOMMUNICATIONS FACILITY
Planning File No. ZS-009259-2022
WHEREAS, on or about June 7, 2022,the County of Eagle, State of Colorado, accepted
for filing an application submitted by Emanuel/Candra Pilas and William/Tami Miller
(collectively, the"Applicant") for the approval of a Consolidated Special Use Permit("SUP")
for the installation and operation of up to four high speed internet antennas and associated
electrical equipment(the"System")to the exterior of an existing single family dwelling unit(the
"Application")located in Two Rivers Village and the Two Rivers Estates Planned Unit
Development(the "PUD") at 301 Stephens Drive, identified as Parcel No. 2113-052-06-004 and
legally described as Lot 5, Two Rivers Estates in Exhibit A attached hereto (the "Property");
and
WHEREAS, The PUD Guide regulates the land uses and development standards for the
Property and states: "[Alny land uses that arise that are Special or Limited uses as defined in
Table 3-300 of Eagle County Land Use Regulations for the RMF, RSM, or RR Zone Districts,
whichever represents the closes density for the area of the PUD in which the use is requested,
must first be approved by a majority of the Board of Directors of the Two Rivers Village Home
Owners Association and approved by Eagle County by the following procedures for a Special or
Limited Use in the Eagle County Regulations;"and
WHEREAS, the Property's density is most similar to that of the Rural Residential(RR)
zone district's minimum lot size of 2 acres and Telecommunication Facilities, such as high speed
internet antennas requested by the Application, are outlined as a Special Use in the RR zone
district per Table 3-300 of the Eagle County Land Use Regulations ("ECLUR"), indicating that a
SUP pursuant to ECLUR Section 5-250 -Special Uses is the appropriate mechanism to analyze
the Application; and
WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings,
notice of the Application was mailed to all owners of property adjacent to the Property on
February 9,2023 concerning the subject matter of the application and setting forth the dates and
times of meetings for consideration of the application by the Eagle County Planning Commission
(the "ECPC") and published in the Eagle Valley Enterprise and Vail Daily on February 9, 2023.
Notice of the Application was posted on the Property on February 14, 2023; and
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WHEREAS, at a public meeting held on March 1, 2023, the ECPC considered the
Application, the Special Use; associated plans, documents, and studies; and the statements and
concerns of the Applicant, the Eagle County Community Development Department, the Eagle
County Engineering Department, and other interested persons, including members of the public
and adjacent property owners; and
WHEREAS, the ECPC unanimously recommended approval with conditions of the
Application to the Board of County Commissioners for the County of Eagle, State of Colorado
(the "Board"); and
WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings,
notice of the Application was mailed to all owners of property adjacent to the Property
concerning the subject matter of the Application and setting forth the dates and times of meetings
for consideration of the Application by the Board on March 30, 2023; and published in the Eagle
Valley Enterprise and Vail Daily on March 30, 2023; and
WHEREAS, at a public meeting held on April 18, 2023,the Board considered the
Application, the Special Use, associated plans, documents, and studies; the statements and
concerns of the Applicant; the statements of Eagle County Community Development and
Engineering staff; the recommendation of the ECPC; and the statements of other interested
persons, including the members of the public; and
WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County and the Dotsero Area Community Plan, as
well as comments of the Eagle County Community Development and Engineering Departments,
comments of public officials and agencies, the recommendations of the ECPC, and comments
from all interested parties, the Board, finds as follows:
1. THAT,proper publication and public notice was provided as required by the ECLUR
and state law for the hearings before the ECPC and the Board.
2. THAT, the Application for Special Use for the Property complies with the following
requirements and standards set forth in ECLUR Section 5-250.B -Standards for Special
Use,with the conditions as noted in the staff reports prepared by the Eagle County
Community Development and Engineering Departments and as discussed in the public
hearing held by the Board on April 18, 2023, as set forth below:
a. Consistent with Comprehensive Plan. That this Application is in substantial
conformance with numerous aspects the Eagle County Comprehensive Plan, Dotsero
Area Community Plan, and Dotsero Area Future Land Use Map as required by
ECLUR 5-250.B.1, including the expansion of high-speed internet availability to the
Two Rivers community, ensuring delivery of adequate public services to all
developed areas in Dotsero, ensuring developed areas in Dotsero are provided
adequate and efficient telecommunication services, and ensuring a high density mix
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of uses within the Community designation desi ation of the Dotsero Area Future Land
Use Map will have important infrastructure for economic development.
b. Compatibility. That with the addition of Condition#1 identified below, the proposed
installation and operation of the Special Use is compatible with the surrounding land
uses because it is proposed to be attached to the exterior walls of the existing
dwelling unit and painted to match the color of the dwelling unit which will reduce
the potential for visual impacts and the possibility of glare. Once installed the Special
Use will only require very occasional visits to the Property for routine maintenance.
c. Zone District Standards. That the Special Use is proposed to be installed and
operated on an existing single-family residence which was evaluated against
dimensional limits and permitted through a building permit and constructed in 2007.
Furthermore, that the Special Use is permissible through the PUD Guide as a SUP
authorized by the ECLUR 5-250.B.3 and is in conformance to the standards found in
Table 3-300 and Table 3-340 ECLUR including minimum lot size, setbacks, and
building height.
d. Design Minimizes Adverse Impact. That the proposed Special Use reasonably avoids
adverse impacts to adjacent properties and its installation and operation is not
anticipated to have impacts to views,trash, traffic,parking,noise, odors, glare,
vibrations, or other nuisances issues as required by ECLUR 5-250.B.4.
e. Design Minimizes Environmental Impact. That with the addition of Condition#1,
identified below,the proposed Special Use minimizes any environmental impact and
will not cause deterioration of natural resources including water, air, or wildlife as
required by ECLUR 5-250.B.5.
f. Impact on Public Facilities. That with the addition of Condition#2, identified below,
the proposed Special Use will be adequately served by, and will not create the need
for additional necessary facilities and services including roads, water and sewer,
police, and fire protection. Condition#2 ensures that there will not be adverse
impacts to fire protection services.
g. Site Development Standards. That the proposed Special Use will comply with the
Site Development Standards of Article 4 of the ECLUR and the Application meets
standards related to the avoidance of hazards, natural resource protection, and road
and driveway improvement standards.
h. Other Provisions. This standard is met as it is not applicable.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT,this Application for a Consolidated Special Use Permit is hereby approved,
subject to the following conditions agreed to by the Applicant, and that violation of any
condition shall be the basis for revocation of this approval pursuant to the ECLUR:
1. The exterior components of the System, such as antennas, cabinets, and connection
conduits, shall be painted to match the color of the building surface on which they are
mounted.
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2. The Applicant shall properly label the utility room per the requirements of the
Uniform Fire Code.
THAT,the Board directs the Department of Community Development to provide a copy
of this Resolution to the Applicant; and
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, on this 23'd day of May, 2023, nunc pro tunc April 18, 2023.
DocuSigned byCOUNTY OF EAGLE, STATE OF
Oli- COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: �`°""e
CDocuSigned by:
!2I. 01.1bvtm, By:
F9D62F246896440...
Abstained
Clerk to the Board Kathy Chandler-Henry
ritt
'DoocuuSignne' .dby:
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01E7020710E0473_.
Matt Scherr
Commissioner
CDocuSigned by:
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Jeanne cQuenney
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
CommissionerChandler-Henry Abstained
Commissioner Scherr Aye
Commissioner McQueeney Aye
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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