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Home My WebLink AboutR06-070 REC #200617829 - Approval of Special Use Permit for Big O Tires Commissioner ~~ I moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - OlD APPROVAL OF THE SPECIAL USE PERMIT for the BIG 0 TIRES OPERATION FILE NO. ZS-00137 WHEREAS, on or about February 8th, 2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by the Eagle-Vail Mag7 Investors, LLC (hereinafter "Applicant") for a Special Use Permit for Minor Automobile Repair and Employee Residential Dwelling Units, located in the Commercial General Zone District in the unincorporated area of Eagle County described as follows: Lot 1, Big 0 Subdivision, owned by the applicant; Section l7, Township 5 South, Range 81 West, 6th P.M., County of Eagle, State of Colorado (see attached Exhibit 'A'); WHEREAS, File SMA-00026 Minor Type A Subdivision is an accompanying file to this Special Use Permit; and, WHEREAS, the property, prior to the most recent subdivision, was commonly referred to as the "Qwest Property", located in the commercial area of Eagle-Vail; and, WHEREAS, The applicant desires to construct and operate a retail tire business (Big 0 Tires) which includes minor automobile repair such as brake work, front end alignment and replacement of shock absorbers; with two (2), onsite employee residential units above the proposed business; and, WHEREAS, the retail aspect of this proposal is a use by right in the Commercial General zone district; and, 1 WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission April 19t\ 2006; and, WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on May 2nd and June 20th, 2006; and; WHEREAS, the applicant has made material representation during the hearings which is binding, unless otherwise modified by other conditions (for example- use of certain building materials and architectural details); 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: 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 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. (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. 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 the Nextel West Corp d/b/a Nextel Communications Telecommunications Facility, 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: 1. 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. In order to mitigate such impacts as noise and odors in the mixed use building, the applicant must install controls to mitigate noise and the effects of potentially hazardous/malodorous chemicals/materials when the building is constructed; 3. A Hazardous Materials Contingency Plan shall be submitted as part of the building permit; 4. Hours of operation shall be limited to 7 am until 7 pm in order to mitigate noise levels; 5. The residential units shall be limited to 33% of the floor area in the Big 0 Tires building, pursuant to section 3-330.G, unless a modification to the ECLURs has been made; 3 6. All recommendations as stated in the Environmental Health memo dated April 7th shall be considered necessary conditions of this Special Use Permit. Any required documentation as required pursuant to this memo shall be provided with any grading or building permits, whichever comes first; 7. The applicant must receive approval of the Minor Type A Subdivision by the Board of County Commissioners prior to the approval of this Special Use Permit; 8. The applicant must first receive either a temporary construction access permit or a Highway Access Permit (issued from Eagle County) prior to the issuance of either a grading permit or building permit; 9. The applicant is required to adhere and comply with the Eagle River Fire Protection District's memo dated March 20,2006; 10. If Big 0 Tires conveys their operation in its entirety to another owner operating a business in the same fashion as Big 0 Tires, this Special Use Permit shall remain valid and "run with the land," unless determined otherwise by the Board of County Commissioners. In the event that the Big 0 Tire operation ceases operations, and the building is leased and the property is leased and/or sold to another owner not operating a business in the same fashion as Big 0 Tires, the employee housing units shall remain valid for any use as permitted as a "use by right" pursuant to Table 3-320 Commercial and Industrial Use Schedule. 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 v ( day of J ~lt , 2006, nunc pro tunc to the 20th day of June, 2006. 4 BY: Teak J. Simonton Clerk to the Board of County Commissioners BY: , Am M. Menconi, Commissioner BY: Tom C. Stone, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Am M. Menconi Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 5 EXHIBIT 'A' Big 0 Tires Eagle-Vail Former Qwest Bldg J.... ,jIIIIW:;:m:r lil!iil~~:2 Lot 1 ,.....Q...., ..... ..., t......:....::...:: 1:::::::::::::::::::1 (8igO ~ Tires) 600 0 600 1200 1800 2400 3000 Feet r--...-_ I 11 ./'-V Road Edgelines N Rivers and Roads . i);; /'.../ Rivers '" '" '"" """ '",,'CD '" "'" . ~ Roads G,"''''' """ ''''ORMAnDW'''"'''''''' '. '~ff ' ONLY. EAGLE COUNTY DOES NOT millill Building Footprints WARRANT THE ACCURACY OF THE :f; f;. D Parcels INFORMATION CONTAINED HEREIN. f::"GIF co...~,-y