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HomeMy WebLinkAboutR16-003 Beano's Cabin Antenna System File No. ZS-5807 Commissioner 144C(1V 4 ..'t moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2016 - 0(r) RESOLUTION APPROVING SPECIAL USE PERMIT FOR BEANO'S CABIN DAS ANTENNA SYSTEM FILE NO. ZS-5807 WHEREAS,on or about October 2,2015,the County of Eagle,State of Colorado,accepted for filing an application submitted by Vail Resorts,Inc. (hereinafter the"Applicant")for the purpose of the installation of three (3) antennas under the eave at Beano's Cabin located on certain real property within Beaver Creek Resort (hereinafter the"Property"), in the Resource Zone District in the unincorporated area of Eagle County and containing 69.28 acres more or less, and; WHEREAS, the Applicant requested approval of a Special Use Permit(Eagle County File No. ZS-5807) to allow for the installation of three (3) antennas under the eave at Beano's Cabin in Beaver Creek Resort as part of the Distributed Antenna System (DAS) designed to provide communication services within Beaver Creek Resort (hereinafter the "Special Use"), and; WHEREAS,notice of the Special Use was given to all proper agencies and departments as required by Section 5-210.E, ECLURs—Notice of Public Hearings, and; WHEREAS, public notice was posted in a newspaper of general circulation and said notice was sent to all adjacent property owners as required by the Section 5-210.E, —Notice of Public Hearings, ECLURs, and; WHEREAS, at its public hearing held on December 2, 2015, the Eagle County Planning Commission (hereinafter the "Planning Commission"), based upon its findings, recommended approval of the proposed Special Use (Eagle County File Number ZS-5807), with conditions, and; WHEREAS, at its regular meeting on December 15, 2015, the Board considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development staff, other interested persons, and the recommendation of the Planning Commission, and; WHEREAS,at its regular meeting on December 15,2015,the Board voted unanimously to approve the Special Use, with conditions as listed herein, and; S O �1.y j�y,, T ,. B 4 agle eau, ty Attorney's C1'l`ic NOW, THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County,as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties,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 all standards required for approval of a Special Use Permit have been met as required by the Eagle County Land Use Regulations. 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 the Beano's Cabin Distributed Antenna System on the Property, located in the Resource Zone District of unincorporated Eagle County as 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. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT,the Board directs the Planning Department 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. ###THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK### 2 ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on the ('V day of\i 64-1-%Lo -'02--;2016,nunc pro tunc to the 15th day of December, 2015. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its 4,4.411.4AioN BOARD OF COUNTY COMMISSIONERS ATTEST: : * a 1 L S t LA j r o1"° By: Y//Ir A 44, / " 'h/ Clerk to the Board of Kathy 7 ndler-Henry • 1e County Commissioners Chair V'`t. �i' , DIVi` 1r '` I 1eanne McQueen eommi 'over // '# Jil/"H. Ryan Commissioner Commissioner 1°'4- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry A-t► " Commissioner McQueeney 44-1.4 '` Commissioner Ryan 14-1.1 " This resolution passed by / 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3