HomeMy WebLinkAboutR94-087 special use permit Andrew Lane1
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I, Sara J. Fisher, Clerk and Recorder of the
County of Eagle, State of Colorado, do hereby
certify that the attached is a full, true and
complete copy of RESOLUTION NO. 94 -87
recorded on JUNE 28, 1994 as appears upon the
records of my
Book No. 644
Page No. 56
Reception No. 540101
I have hereunto set my hand and affixed the
Seal of the County of Eagle, State of
Colorado, this July 19, 1994.
SARA J. FISHER
Clerk and Recorder
DEPUTY
bh2'0Z0RA9"-'aMdV
commissioner _ r ��P moved adoption
11 of the following Resolution:"
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 9J_ -
APPROVAL OF SPECIAL USE PERMIT
Andrew and Jennifer Lane
El Jebel
FILE NO. ZS- 344 -94
WHEREAS, Andrew and Jennifer Lane, ( "Applicant ") did file an
application with the Eagle County Department of Community
Development on or about March 1, 1994, for a Special Use Permit
for a tree nursery, within the Kodiak Park Planned Unit
Development Zone District, in the unincorporated area of Eagle
County described as follows:
Parcel A
Kodiak Park
" We
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 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:
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 the proposed special use conforms to the require-
ments of Section 2.09 of the Eagle County Land Use
Regulations, which are incorporated herein as if set
forth with particularity.
3. That the proposed special use will be compatible with
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 welfare of the citizens of Eagle County.
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NOW, THEREFO. J BE IT RESOLVED BY THE BO D OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF' COLORADO:
That the application of Andrew and Jennifer Lane
(Applicant), File No. ZS- 344 -94, for a Special Use Permit for
landscape nursery within the Kodiak Park Planned Unit Development
Zone District 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. All material representations made by the Applicant in
the application and public meeting shall be adhered to
and considered conditions of approval, unless otherwise
amended by other conditions.
2. All structures shall meet the 200' setback;
3. The sign shall be limited to 30 sq. ft., meet the
height /setback calculation and clear vision area
requirements and shall not be illuminated. A sign
permit shall be required;
4. There shall be a minimum 50' radii on the returns at
each of the access points and the approaches shall be
25' wide with the rest of the road graveled to a 20'
minimum width. The approaches shall be a minimum of
50' in length and shall be paved. The County Engineer
shall approve all construction plans as well as inspect
such construction. Magnesium chloride shall be applied
as needed for dust control;
5. The applicant shall demonstrate to the County
Engineer's satisfaction that a CDOT access permit
either exists, or is being applied for and will be
issued or is not needed;
6. The applicant will provide a left turn slot on Blue
Ridge Lane;
7. The wholesale /retail business area shall be clustered
as close to the north end of the parcel as possible.
8. The nursery office and storage building shall be
restricted to a single story 1000 sq. ft. structure and
all equipment shall be screened from view from Highway
82;
9. The number of greenhouses shall be restricted to the 3
shown on the site plan and shall be placed as far to
the north end of the parcel as possible;
10. Safety and security lighting shall be restricted to no
more than three (3) light poles of low pressure sodium
lamps. They shall be of a downcast type that do not
project beyond the horizontal nor exceed the height of
the facia or roofline of any building, or 12
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whichev, )is less, and shall not e> �ed 5,000 lumens.
Greenhouse lights are limited to that needed for plant
growth at night. Ground and building mounted
architectural lighting is acceptable provided that no
lights cast glare on adjacent properties, rights -of-
ways or into the night sky.
11. This Special Use Permit is conditioned upon approval of
the Kodiak Park Final Plat and associated public
improvement plans.
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
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 Ea le, State of Colo ado, at its regular meeting
held the M day of ,
1994, nunc pro tunc to the 19th day of April, 1994.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
ATTEST:: /
By n`i y Sara J. Fisher
Clerk to the Board of
County
C
adoption of
called, the vote was as follows:
Commissioner Johnnette Phillips CSC
Commissioner George A. Gates
Commissioner James E. Johnson, Jr. a
This Resolution passed by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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ohnnette Phillips, Chai an
