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HomeMy WebLinkAboutR94-061 special use permit for George Daniels Contractor's yardY CommissionerC adoption of the following Resolution: ' ������"``°°°° `� BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - , APPROVAL OF SPECIAL USE PERMIT George H. Daniels, III Contractor's Yard FILE NO: ZS- 342 -94 WHEREAS, George H. Daniels, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about January 17, 1994, for a contractor's yard within the Resource zone district, in the unincorporated area of Eagle County described as follows: An 15.47 acre parcel of land, located approximately 2 miles east of the Town of Gypsum, on the north side of Highway 6, in Section 3, Township 5 South, Range 85 West of the Sixth P.M., County of Eagle, State of Colorado. WHEREAS, the special use permit request was considered at a public meeting by the Eagle and Colorado Valley Planning Commission on March 2, 1994 and by the Eagle County Board of County Commissioners on March 15, 1994; and WHEREAS, based on the evidence, testimony, exhibits, 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 Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, 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 of County Commissioners; 2. That the proposed special use conforms to the requirements of Section 2.09 of the Eagle County Land Use Regulations; 3. That the proposed special use will be compatible with the existing uses in the area; 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan; 5. That for the above - stated and other reasons, the proposed special use is in the best interest of -the health, safety, morals, convenience, order, prosperity and C^ C6� rj 537369 B -641 P -321 05/26/94 03:16P PG 1 OF 4 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 j welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the application of George H. Daniels, III, File No. ZS- 342-94, for a Special Use Permit for a Contractor's Yard within the Resources Zone District and as described herein, be approved, subject to the conditions as set forth herein. THAT the following conditions shall be placed upon this approval and that violation'of any condition shall be the basis for revocation of the Special Use Permit: 1. The portion of the site shown as "Open Area" on the plan shall be designated as permanent open space-by virtue of the approval of the special use and this resolution. 2. Landscaping shall be installed as shown on the landscape plan submitted to Eagle County on 2/18 with the following modifications: a. Landscaping shown as part of the landscape plan shall not be part of the saleable landscape stock used for operation of the landscape business. Said landscaping shall be permanently installed; b. The landscaping shown on the property frontage shall include a berm at least three feet in height or shrubbery included in the tree groupings to augment proposed screening; C. A minimum of 20 additional evergreen trees, a minimum of 5' in height, shall be added to the frontage landscaped area to improve year round screening. It is recommended that the majority of these additional trees be located towards the eastern half of the property to screen the special use building and activity. The quantity of trees already shown on the frontage shall remain the same plus the twenty additional trees as noted above and any additional that the applicant chooses to install. Low water use species of evergreen are recommended; d. Additional 5' high evergreen screening shall be installed on the northern boundary of the special use fenced area to supplement the screening provided currently by the existing cottonwood trees (shown on landscape plan), in a quantity at least twenty feet on center but grouped to achieve effective screening from Interstate 70. e. The landscape plan shall be revised prior to issuance of a building permit to include screening on the eastern boundary of the site which is adjacent to residentially zoned property; f. All landscaping installed on the site shall be maintained in a healthy condition and shall be the responsibility of the present or any future owner(s) of the property. 3. Volume of sound, emission of fumes, dust and odors shall be controlled and not projected beyond the site as outlined in Section 2.07.07 of the Land Use Regulations. 4. To control dust and debris from heavy truck traffic, paving or 2 another surface hardening material shall be installed on the driveways that will be used by heavy truck traffic to enter and exit the contractor's yard facility. A dust control plan for gravel roadway, parking and yard areas must be submitted prior to issuance of a building permit. 5. State Dept. of Transportation approval for access to the site from Highway 6 is required. 6. All fabrication, service and repair operations associated with the contractor's yard shall be conducted within the building. 7. All storage of materials, equipment and vehicles associated with the contractor's yard shall be within the fenced area. 8. The fence around the contractors yard shall be a minimum of 6 feet high and include the opaque coated fabric panels as proposed by the applicant. 9. The storage area at the eastern edge of the property that is indicated as storage for landscape materials (e.g. cobbles, boulders, topsoil) shall be maintained in an orderly condition and the height of any pile shall not exceed 6 1 . 10. Outdoor lighting on -site shall be restricted to lights that shine downward and if mounted on poles, are not more than 12' above ground level. 11. Proposed sign requires sign permit approval. There shall be no signs on the building. 12. A grading and drainage plan is required prior to building permit and must include the limit of the 100 year Eagle River floodplain. 13. Compliance with reasonable environmental protection criteria, as determined by the Eagle County Environmental Health Division and appropr ate state 'agencies, is required prior to issuance of a building permit. Items that must be addressed include but are not limited to stormwater runoff and retention, groundwater protection, hazardous materials storage, spill cleanup and response, materials management practices and an ISDS permit for septic systems. 14. A soils report and engineered foundation design shall be submitted and approved prior to issuance of a building permit. 15. Dogs will not be permitted on the site unless kept within the confines of the fenced contractors yard at all times to prevent harassment of wildlife. 16. wire fences shall not exceed 42 inches in height and in all cases must have a kickspace of not less than 12 inches between the top two wires. 17. School impact fees shall be paid prior to issuance of a residential building permit. 18. A copy of the approved well permit(s) must be submitted for review prior to issuance of any building permit for the site. 19. The special use shall be limited to two contractors as cited in the application. 20. Site and architectural plans as presented to the Planning Commission shall be incorporated into the terms of approval of the Special Use Permit application. 21. Construction plans for the building shall include noise attenuation measures because the proposed building is located 3 j within the noise impact area of the airport. 22. An avigation easement shall be granted for Eagle County Airport prior to issuance of a building permit for the site. THAT this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. THAT the Board of County Commissioners directs the Director of the Department of Community Development to provide a copy of this Resolution to the applicant. THAT the Board of County Commissioners 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, Stat of Colorado, at its meeting held the / -M, day of , 199 nunc pro tunc to the 15th day of March, 1994. ATTEST: 7 4 , , ,., a,a BY: Clerk to We Board of County Commissioners NTY OF EAGLE, STATE OF COLORADO and Through its RD OF COUNTY COMMISSIONERS BY: ohnnette Phillips, Cha r 0.6ap� George A. Gates, Commissioner Commission r g� of the foregoing re olution. The was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by a CR County Commissioners of the County of Eagle, 4 Diided adoption lled, the vote dt a gni. , vote of the Board of State of Colorado.