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HomeMy WebLinkAboutR08-115 AT&T Wireless Telecommunications Landfill Co-Location Special Use PermitCommissioner ~-a~~ ` moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008 - APPROVAL OF THE SPECIAL USE PERMIT AT&T WIRELESS TELECOMMUNICATIONS - EAGLE COUNTY LANDFILL CO-LOCATION FILE NO. ZS-00175 WHEREAS, on or about April 11, 2008 the County of Eagle, State of Colorado, accepted for filing an application submitted by AT&T Wireless (hereinafter "Applicant") for a Special Use Permit for a co-location telecommunication facility at the Eagle County Landfill, located in Wolcott, in the Resource Zone District in the unincorporated area of Eagle County as shown in Exhibit A. WHEREAS, the applicant proposes to extend the Eagle County Emergency Managements' existing forty-two (42) feet tower, by ten (10) feet. An additiona1240 square foot prefabricated equipment shelter will also be placed on the property. All development and uses are shown in Exhibit B; and WHEREAS, per the Eagle County Land Use Regulations, the Resource Zone District 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 WHEREAS, the Eagle County Landfill site for this use was approved through a Special Use Permit by Resolution 2007-97 that required an additional Special Use Permit to allow the uses approved per ZS-00175; and WHEREAS, a Special Use Permit is dependent upon fmdings 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 August 20, 2008; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on August 26, 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"), fmds 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 can be 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 3-320, 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. See Condition number two (2). (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 fully comply with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (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 Cricket Communications 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: i. 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. Any justified visual complaint reported to the County, the applicant shall mitigate immediately by any means necessary. 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 fmds, 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 Z~ day of ~E.w-g C~1?--~ 2007, nunc pro tunc to the 1St day of April, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Its BOARD OF COUNTY C MMIS IO RS ATTEST: a~ ~ ~~ / •, ~ ,/~ BY: ~ BY• Teak J. Sim ton * Peter F. Runyon, Cha' Clerk to the Board of co~oeo-oo County Commissioners BY BY Commissioner~S~L~-~- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon ~~" `` Commissioner Sara J. Fisher ~ Commissioner Arn M. Menconi -~ This Resolution passed by ~! U County of Eagle, State of Colorado. vote of the Board of County Commissioner of the