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HomeMy WebLinkAboutR02-146 special use permit for Sprint PCSCY Commissioner moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - Z4 APPROVAL OF THE SPECIAL USE PERMIT for Sprint, PCS FILE NO. ZS -00098 WHEREAS, on or about July 9th, 2002, the Eagle County Department of Community Development, County of Eagle, State of Colorado, accepted for filing an application submitted by the Vail Corp, represented by Sprint PCS (hereinafter "Applicant "), for a Special Use Permit to construct, operate, and maintain a Low Power Wireless Telecommunications Facility on a small accessory building (Ski Patrol hut) next to the Two Elk Lodge on Vail Mountain; located in the Resource zone district in the unincorporated area of Eagle County described as follows: Section 22, Township 55S, Range 80W, south of the base of Vail Mountain, accessed via Forest Service roads; See Exhibit `A' WHEREAS, the facility is proposed to consist of two (2) cellular antennas, placed on the roof of the Ski Patrol building, with associated equipment cabinets to be installed on the exterior of the same building; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission September 4th, 2002 and by the Eagle County Board of County Commissioners on September l7th, 2002; and, 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: I Page: I of 6 20/16/2002 12:36P Sara J Fisher Eagle. CO $70 R 0.00 0 0.00 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 -250.11 Standards for the review of a Special Use Permit: (1) Section 5- 250.13.1. 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- 250.13.3 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- 250.11.4 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.c (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. (7) Section 5- 250.B.7 Site Development Standards. The proposed Special Use DOES fully comply with all applicable standards in Article 4, Site Development„ Standards. (S) Section 5- 250.B.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. �A NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the application of Sprint PCS, File No. ZS- 00098, for a Special Use Permit to construct, operate, and maintain a Low Power Wireless Telecommunications Facility on a small accessory building (Ski Patrol hut) next to the Two Elk Lodge on Vail mountain; located in the Resource zone district in the unincorporated area of Eagle County described herein, be approv- ed, subject to the following conditions, and that violation of these conditions shall be the basis for revocation of the Special Use Permit: Except as otherwise modified by this 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 (Sprint PCS) shall notify the Community Development Director when altering or modifying equipment on the Telecommunications Facility. Notification shall include both a written description and detailed plans showing new and/or altered equipment on the structures as well as any modifications to the equipment shelter. At the discretion of the Community Development Director, any increase in the number of antennas and/or other equipment may necessitate a new Special Use Permit. 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 day of 2002, nunc pro tunc to the 17th day of September, 2002. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 3 ATTEST: BY:f�. BY: Sara J. Fisher M' e L. Gallagher, E Clerk to the Board of �c 1 County Commissioners , BY: M. Menconi, Commissioner BY: To C. Stone, Commissioner Commission seconded adoption of the foregoing resolution. The roll having been called, the v6 was as follows: Commissioner Michael L. Gallagher IL _ Commissioner Am M. Menconi Commissioner Tom C. Stone This Resolution passed by 3 - C) vote of the Board of County Commissioner of the County of Eagle, State of Colorado. I r�