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Home My WebLink AboutR08-057 Castle Peak Radio Site Special Use Permit Approval EAGLE COUNTY, CO 200810845 TEAK J SIMONTON r Pgs: 5 93 :02 :04PM 05/21/2008 ♦ REC. $0.90 DOC: $ 11111 111 III 11 1111E1111 HII II Commissioner t1—tC�ZL.. 4 moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2008 - t � 1 APPROVAL OF THE SPECIAL USE PERMIT EMERGENCY MANAGEMENT CASTLE PEAK RADIO SITE FILE NO. ZS -00171 WHEREAS, on or about March 3, 2008 the County of Eagle, State of Colorado, accepted for filing an application submitted by Eagle County Emergency Management (hereinafter "Applicant ") for a Special Use Permit, located in the Resource Zone District in the unincorporated area of Eagle County as shown in Exhibit A hereto WHEREAS, the applicant proposes to upgrade an existing radio communication site on the above described property in the upper Castle Peak area, as part of the operations of the Eagle County Emergency Management Department as shown in Exhibit B hereto; and WHEREAS, the Applicant requested the approval of a Special Use Permit, which would allow for the development as follows: • Extending the existing driveway to allow access for the delivery of propane; relocation of an existing propane tank; a new structure of 120 square feet in size; addition of an emergency generator; additional microwave dish and antennas to an existing 90 ft. tower. WHEREAS, per the Eagle County Land Use Regulations, the Resource Zone District g ty g ct permits certain uses in a zone district, that are determined compatible with uses by right allowed in the zone district based upon individual Special Use Permit review of their location, design, configuration, density and intensity of use; and h' , WHEREAS, a Special Use Permit is dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of Section 5- 250.B.; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on April 16, 2008; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on April 29, 2008; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive 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"), fords 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) Consistent with Comprehensive Plan. The proposed Special Use Permit has been shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use is appropriate for its proposed location and IS compatible with the character of surrounding land uses. (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 3-300, Telecommunication Facilities. (4) Design Minimizes Adverse Impact. The design of the proposed Special Use does adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it can avoid adverse impact on surrounding lands regarding noise and traffic, and will not create a nuisance. (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) 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. (7) Site Development Standards. It is anticipated that the proposed Special Use will sufficiently comply with all applicable standards in Article 4, Site Development Standards. (8) Other Provisions. The proposed Special Use does comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for Eagle County Emergency Management and the attached Exhibits A and B, located in the Resource Zone District, in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Applicant representative shall seek review and approval from the County wildfire specialist for defensible space requirements. 3. Non-reflective paint shall be used on all surfaces. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. 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 Colorado, at its regular meeting held the 1~7 day of ~~ ~-t , 2007, nunc pro tunc to the 13th day of May, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and ATTEST• ~ BY: Thro s BOARD OF COUN COMVI I RS o~ ~~ro G ao~i $ Teak J. Simonton * * Peter F. Runyon, Chair Clerk to the Board of ~C County Commissioners ~`-(: ~ nk-pu7` BY BY Commissioner ~ ~-1L. seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon ~ ~ Commissioner Sara J. Fisher e-~ ~+ Commissioner Arn M. 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