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HomeMy WebLinkAboutR02-163 Union Pacific Railroad Special Use Permit ,_. • • ,/,‘„,.. commissioner 2_. moved adoption of the f wing Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - /63 APPROVAL OF THE SPECIAL USE PERMIT for Union Pacific Railroad on Blowout Hill to Allow a Low Power Wireless Telecommunications Facility FILE NO. ZS -00097 WHEREAS, on or about July 1st, 2002, the Eagle County Department of Community Development, County of Eagle, State of Colorado, accepted for filing an application submitted by Union Pacific Railroad (hereinafter "Applicant "), for a Special Use Permit to construct, operate, and maintain an unmanned radio repeater Telecommunications Facility for use by the Union Pacific Railroad; located in the Resource zone district in the unincorporated area of Eagle County described as follows: Section 21, Township 4S, Range 86W, north of Dotsero, northwest of Gypsum, located on Blowout Hill, accessed via Bureau of Land Management roads; See Exhibit `A' WHEREAS, the proposed facility has been approved to be as tall as 110', however, the facility will initially consist of a 60' tall metal tower and equipment shelter. An omni directional antenna will be mounted below the 60', with a lightening rod mounted to the top (initially bringing the total height of the structure to 70'); and WHEREAS, the facility will be powered by two solar panels mounted to the base, as well as a wind generator mounted to a pole adjacent to the building. All the equipment shall be contained within a 50' x 70', fenced in area ; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission October 16th, 2002 and by the Eagle County Board of County Commissioners on October 29th, 2002; and, 1 814897 Pa 1 of 6 11/25/2002 11:24F Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 WHEREAS, based on the evidence, testimony, exhibits, and 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 pursuant to Eagle County Land Use Regulations Section 5 -250.B Standards for the review of a Special Use Permit: (1) Section 5- 250.B.1. Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Section 5- 250.B.2 Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Section 5- 250.B.3 Zone District Standards. The proposed 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 Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. (4) Section 5- 250.B.4 Design Minimizes Adverse Impact. Approval of this Special Use application WILL NOT generate any undue ocular, auditory or olfactory impacts. Further, the existing access will be nominal. (5) Section 5- 240.F.3.e (5) Design Minimizes Environmental Impact. 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. (6) Section 5- 250.B.6 Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. 2 SO O. 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 /9 day of`3/4'irr„11jc„, , 2002, nunc pro tunc to the 29th day of October, 2002. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: _ / cz�e _ I I i/ BY: _I! , �� L . ' f� a0 ' # BY: � A V � 1.6-4" ' , Sara J. Fisher o ....,43 ., Mic , . - i L. Gallagher, Cha• w a n Clerk to the Board of County Commissioners ..�, \ BY: ��_ — Arn M. Menconi, Commissioner BY: .!22 Tom C. Stone, Commissioner Commissione , • 1 ty seconded adoption of the foregoing resolution. The roll having been called, the vote Is as follows: Commissioner Michael L. Gallagher 4 ,, , ... Commissioner Arn M. Menconi Commissioner Tom C. 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