HomeMy WebLinkAboutR07-012 Lead Foot Linda's Special Use Permit
Commissioner ~ moved adoption
of the follow. g Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2007 - CJ @
APPROVAL
OF THE SPECIAL USE PERMIT
for LEAD FOOT LINDA'S AUTOMOBILE REPAIR FACILITY
FILE NO. ZS-00144
WHEREAS, on or about August 11 th, 2006, the County of Eagle, State of Colorado,
accepted for filing an application submitted by George Brodin (hereinafter "Applicant") on
behalf of the property owner, Stone/Gear, LLC (hereinafter "Leas or") for a Special Use Permit
for Automobile Repair, located in the Commercial General Zone District in the unincorporated
area of Eagle County described as follows:
Lot 2, Big 0 Subdivision, owned by Stone/Gear, LLC; Section 17, Township 5 South,
Range 81 West, 6th P.M., County of Eagle, State of Colorado (see attached Exhibit 'A');
and
WHEREAS, "Lead Foot Linda's" is to be situated in Eagle-Vail in a portion ofthe
former 'Qwest' building located on Lot 2 of the Big 0 Subdivision. Further, the portion of the
subject building which will house "Lead Foot Linda's" was previously utilized by the previous
owners for vehicle maintenance and repair, and encompasses approximately 6,180 sq ft of space
(see attached Exhibit 'B'); and
WHEREAS, the remaining portion(s) of the building will be used for: (a) warehousing
and print operations for custom t-shirts; and (b) general retail space. These uses are allowed uses
in this zone district, and do not require Special Use Review as they were approved through other
processes as dictated by Article 3: Zone District Standards and as directed by the conditions as
set forth as part of the approval for the Big 0 Tires Subdivision (SMA-00026); and
WHEREAS, The current proposal anticipates that customers will arrive on the east side
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ofthe building and park in one of the ten (10) designated parking spaces. The cars will then be
placed in one of the nine (9) service bays within the building. After the repairs are complete, the
vehicle will be moved onto the west side of the building and parked in one of the seven (7)
parking spaces for customer pick-up; and
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Planning Commission on December 6th, 2006; and
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Board of County Commissioners on December 19th, 2006; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
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 Apolicable to
Particular Residential. Agricultural and Resource Uses.
(4) Design Minimizes Adverse Impact. The design of the proposed Special Use
DO ES 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.
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(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 George Brodin/Lead Foot Linda's for a
Special Use Permit for Automobile Repair, located in the Commercial General 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. Mitigation controls may include, but are
not limited to: significant insulation and drywall; specialized sound board; acoustic
ceiling tiles; dedicated drains and catchments; the utilization of a mechanical venting
system instead of openings to the exterior as a method of fresh air exchange; etc.
3. Hours of operation shall be limited to 7 am until 7 pm in order to minimize noise
impacts.
4. a.) The following recommendations as stated in the Environmental Health memo
dated October 2ih, 2006 shall be considered necessary conditions of this Special
Use Permit:
(1) Discharge of floor drain wastewater inside the facility shall pass through an
oil water separator or sand trap and be delivered to the sanitary sewer for
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better treatment;
(2) A Hazardous Materials Contingency Plan shall be submitted as part of the
building permit. This plan shall be kept on site at all times, made available to
the public upon request and shared with the local fire district and emergency
planning committees. The plan shall include the following information:
(a) Details regarding the receiptlhandling/disposal of automotive fluids shall
be provided, in detail, to the Environmental Health Department prior to the
approval of the anticipated building permit;
(b) Information on the type and quantity of each substance used on site; its
storage location; spill response actions including cleanup kits and
appropriate emergency numbers; staff training as well as inventory control
and waste disposal information;
b.) Any required documentation as required pursuant to this memo shall be provided
with necessary building permits.
5. Prior to the issuance of a Certificate of Occupancy (CO) for this lease space, all access,
drainage, and other necessary public improvements as required pursuant to the approval
for the Big 0 Subdivision (SMA-00026 and ZS-00137) must be completed to the
satisfaction of the Eagle County Engineering Department excepting for the landscaping
proposed for Lot 2 (as shown on Exhibit 'B') as proposed through this Special Use
Permit, which may be secured by a bond for completion and excepting the landscaping as
required by Big 0 Tires (a.k.a. Eagle-Vail Mag7 Investors, LLC) which has already been
controlled by a separate Subdivision Improvements Agreement, collateralization and
conditions pursuant to Eagle County files SMA-00026 and ZS-00137. If the applicant can
attain the necessary permits from the Colorado Department of Transportation permitting
temporary access to the western driveway (and the required landscaping for this permit
has been collateralized), a CO maybe issued for Lead Foot Linda's.
6. If another vehicle repair business ever replaces Lead Foot Linda's, operating a business in
the same fashion as allowed by this Special Use Permit, then this Special Use Permit shall
remain valid and run with the lease area portion of the "Qwest" building. Any change in
use; major change of operations; or location will necessitate a new Special Use Permit.
7. Any outside storage, including outdoor wildlife-proof refuse receptacles, shall be
enclosed/screened from view.
8. Parking spaces shall be signed as designated parking spaces for Lead Foot Linda's.
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.
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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 commissione~~
County of Eagle, State of Colorado, at its regular meeting held the (J day of
2007, nunc pro tunc to the 19th day of December, 2006.
BY:
TE OF COLORADO, By and
UNTY COMMISSIONERS
Teak J. Simonton
Clerk to the Board of
County Commissioners
commissioner:f ~ seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Am M. Menconi
Commissioner Sara J. Fisher
Commissioner Peter F. Runyon
~
~
This Resolution passed by ~ 10
County of Eagle, State of Colorado.
vote of the Board of County Commissioner of the
Page 5 of5
Lead Foot Linda's
Special Use Permit
ZS-00144
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